The WTO Case Law of 2001: The American Law Institute Reporters' Studies

doi:10.1017/CBO9780511754449

This book was the first in a groundbreaking series of annual volumes utilized in the development of an American Law Institute (ALI) project on World Trade Organization Law. The project undertakes yearly analysis of the case law from the adjudicating bodies of the WTO. The Reporters' Studies for 2001 cover a wide range of WTO law ranging from classic trade in goods issues to intellectual property protection. Each of the cases is jointly evaluated by an economist and a lawyer, both well-known experts in the field of trade law or international economics. The Reporters critically review the jurisprudence of WTO adjudicating bodies and attempt to evaluate whether the ruling 'makes sense' from an economic as well as a legal point of view, and, if not, whether the problem lies in the interpretation of the law or the law itself. The Studies do not always cover all issues discussed in a case, but they seek to discuss both the procedural and the substantive issues that form the 'core' of the dispute.

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Contents

Frontmatter
pp i-iv
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Contents
pp v-vi
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Foreword
pp vii-viii
- By Lance Liebman, Director, The American Law Institute
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A note on the American Law Institute
pp ix-ix
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List of reporters
pp x-x
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1 - Introduction
pp 1-13
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2 - EC – Asbestos European Communities – Measures Affecting Asbestos and Asbestos-Containing Products
pp 14-40
- By Joseph H. H. Weiler, Professor of Law and Jean Monnet Chair, New York University School of Law
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3 - US – Shrimp United States – Import Prohibition of Certain Shrimp and Shrimp Products, Recourse to Article 21.5 of the DSU by Malaysia
pp 41-71
- By Robert Howse, Professor of Law, University of Michigan Law School, Damien J. Neven, Professor of Economics, Graduate Institute for International Studies, University of Geneva
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4 - US – Lamb United States – Safeguard Measures on Imports of Fresh, Chilled or Frozen Lamb Meat from New Zealand and Australia: What Should Be Required of a Safeguard Investigation?
pp 72-114
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5 - EC – Bed Linen European Communities – Anti-Dumping Duties on Imports of Cotton-Type Bed Linen from India
pp 115-139
- By Merit E. Janow, Professor in the Practice of International Trade, Columbia University, Robert W. Staiger, Professor of Economics, University of Wisconsin
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6 - Mexico – Corn Syrup Mexico – Anti-Dumping Investigation of High Fructose Corn Syrup from the United States, Recourse to Article 21.5 of the DSU by the United States
pp 140-154
- By Robert Howse, Professor of Law, University of Michigan Law School, Damien J. Neven, Professor of Economics, Graduate Institute for International Studies, University of Geneva
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7 - Argentina – Ceramic Tiles Argentina – Definitive Anti-Dumping Measures on Imports of Ceramic Floor Tiles from Italy
pp 155-169
- By Robert Howse, Professor of Law, University of Michigan Law School, Damien J. Neven, Professor of Economics, Graduate Institute for International Studies, University of Geneva
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8 - US – Lead and Bismuth II United States – Imposition of Countervailing Duties on Certain Hot-Rolled Lead and Bismuth Carbon Steel Products Originating in the United Kingdom: Here Today, Gone Tomorrow? Privatization and the Injury Caused by Non-Recurring Subsidies
pp 170-200
- By Gene M. Grossman, Professor of International Economics, Princeton University
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9 - US – Export Restraints United States – Measures Treating Export Restraints as Subsidies
pp 201-235
- By Merit E. Janow, Professor in the Practice of International Trade, Columbia University, Robert W. Staiger, Professor of Economics, University of Wisconsin
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10 - Canada - Dairy Canada – Measures Affecting the Importation of Dairy Products and the Exportation of Milk
pp 236-280
- By Merit E. Janow, Professor in the Practice of International Trade, Columbia University, Robert W. Staiger, Professor of Economics, University of Wisconsin
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11 - US – Section 110(5) Copyright Act USt – Section 110(5) of the US Copyright Act, Recourse to Arbitration under Article 25 of the DSU: Would've or Should've? Impaired Benefits due to Copyright Infringement
pp 281-299
- By Gene M. Grossman, Professor of International Economics, Princeton University, Petros C. Mavroidis, Professor of Law, University of Neuchâtel and Columbia Law School
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Index
pp 300-313
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The WTO Case Law of 2001

The American Law Institute Reporters' Studies

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Contents

Frontmatter
pp i-iv

Contents
pp v-vi

Foreword
pp vii-viii

A note on the American Law Institute
pp ix-ix

List of reporters
pp x-x

1 - Introduction
pp 1-13

2 - EC – Asbestos European Communities – Measures Affecting Asbestos and Asbestos-Containing Products
pp 14-40

3 - US – Shrimp United States – Import Prohibition of Certain Shrimp and Shrimp Products, Recourse to Article 21.5 of the DSU by Malaysia
pp 41-71

4 - US – Lamb United States – Safeguard Measures on Imports of Fresh, Chilled or Frozen Lamb Meat from New Zealand and Australia: What Should Be Required of a Safeguard Investigation?
pp 72-114

5 - EC – Bed Linen European Communities – Anti-Dumping Duties on Imports of Cotton-Type Bed Linen from India
pp 115-139

6 - Mexico – Corn Syrup Mexico – Anti-Dumping Investigation of High Fructose Corn Syrup from the United States, Recourse to Article 21.5 of the DSU by the United States
pp 140-154

7 - Argentina – Ceramic Tiles Argentina – Definitive Anti-Dumping Measures on Imports of Ceramic Floor Tiles from Italy
pp 155-169

8 - US – Lead and Bismuth II United States – Imposition of Countervailing Duties on Certain Hot-Rolled Lead and Bismuth Carbon Steel Products Originating in the United Kingdom: Here Today, Gone Tomorrow? Privatization and the Injury Caused by Non-Recurring Subsidies
pp 170-200

9 - US – Export Restraints United States – Measures Treating Export Restraints as Subsidies
pp 201-235

10 - Canada - Dairy Canada – Measures Affecting the Importation of Dairy Products and the Exportation of Milk
pp 236-280

11 - US – Section 110(5) Copyright Act USt – Section 110(5) of the US Copyright Act, Recourse to Arbitration under Article 25 of the DSU: Would've or Should've? Impaired Benefits due to Copyright Infringement
pp 281-299

Index
pp 300-313

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The American Law Institute Reporters' Studies

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