The WTO Case Law of 2002: The American Law Institute Reporters' Studies

doi:10.1017/CBO9780511754456

This book, published in 2005, is the second annual report of the 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 2002 cover a wide range of WTO law ranging from classic trade in goods issues to intellectual property protection. Each case is jointly evaluated by well-known experts in trade law and international economics. The reporters critically review the jurisprudence of WTO adjudicating bodies and evaluate whether the ruling 'makes sense' from an economic as well as 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 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.

"Horn and Mavroidis’s effort to create a sort of WTO yearbook proves informative; each article provides a research springboard for those interested in WTO jurisprudence and solid legal analysis concerning the decisions of the Appellate Body."
--Review in International Law and Politics

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Contents

Frontmatter
pp i-iv
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Contents
pp v-vi
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Foreword
pp vii-vii
- By Lance Liebman, Director, The American Law Institute
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A note on the American Law Institute
pp viii-viii
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List of reporters
pp ix-x
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1 - Introduction
pp 1-11
- By Henrik Horn, Professor, Stockholm University, Petros C. Mavroidis, Professor, University of Neuchâtel
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2 - United States – Section 129(c)(1) of the Uruguay Round Agreements Act (WTO Doc. WT/DS22/R of 15 July 2002): Beating Around (The) Bush
pp 12-35
- By Kyle Bagwell, Columbia University and NBER, Petros C. Mavroidis, Columbia Law School, University of Neuchâtel and CEPR
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3 - United States – Tax Treatment for “Foreign Sales Corporations” Recourse to Arbitration by the United States Under Article 22.6 of the DSU and Article 4.11 of the SCM Agreement (WT/DS106/ARB): A Comment
pp 36-63
- 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 - United States – Countervailing Duties on Certain Corrosion-Resistant Carbon Steel Flat Products from Germany (WTO Doc. WT/DS213/AB/R): The Sounds of Silence
pp 64-77
- By Gene M. Grossman, Professor of International Economics, Princeton University, Petros C. Mavroidis, Professor of Law, University of Neuchâtel and Columbia University
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5 - United States – Countervailing Measures Concerning Certain Products from the European Communities (WTO Doc. WT/DS212/AB/R): Recurring Misunderstanding of Non-Recurring Subsidies
pp 78-87
- By Gene M. Grossman, Professor of International Economics, Princeton University, Petros C. Mavroidis, Professor of Law, University of Neuchâtel and Columbia University
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6 - Canada – Export Credits and Loan Guarantees for Regional Aircraft (WT/DS222/R): A Comment
pp 88-98
- By Robert Howse, Professor of Law, University of Michigan Law School, Damien J. Neven, Professor of Economics, Graduate Institute of International Studies, Geneva and CEPR
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7 - United States – Definitive Safeguard Measures on Imports of Circular Welded Carbon Quality Line Pipe From Korea
pp 99-132
- By Gene M. Grossman, Professor of International Economics, Princeton University, Petros C. Mavroidis, Professor of Law, University of Neuchâtel and Columbia University
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8 - Chile – Price Band System and Safeguard Measures Relating to Certain Agricultural Products
pp 133-157
- By Kyle Bagwell, Professor of Economics, Columbia University, Alan O. Sykes, Professor of Law, University of Chicago
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9 - India – Measures Affecting the Automotive Sector
pp 158-178
- By Kyle Bagwell, Professor of Economics Columbia University, Alan O. Sykes, Professor of Law University of Chicago
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10 - United States – Section 211 Omnibus Appropriations Act of 1998 (WT/DS176/AB/R): A Comment
pp 179-219
- By Robert Howse, Professor of Law, University of Michigan Law School, Damien J. Neven, Professor of Economics, Graduate Institute of International Studies, University of Geneva and CEPR
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11 - United States – Preliminary Determination with Respect to Certain Softwood Lumber from Canada: What is a Subsidy?
pp 220-247
- By Henrik Horn, Professor, Institute for International Economic Studies, Stockholm University Centre for Economic Policy Research, London, Petros C. Mavroidis, Professor of Law, University of Neuchâtel and Columbia University Centre for Economic Policy Research, London
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12 - European Communities – Trade Description of Sardines: Textualism and its Discontent
pp 248-275
- By Henrik Horn, Professor of International Economics, Institute for International Economic Studies, Stockholm University, Centre for Economic Research Policy, London, Joseph H. H. Weiler, Jean Monnet Centre for International Economic Law & Justice, New York University School of Law
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Index
pp 276-284
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The WTO Case Law of 2002

The American Law Institute Reporters' Studies

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Contents

Frontmatter
pp i-iv

Contents
pp v-vi

Foreword
pp vii-vii

A note on the American Law Institute
pp viii-viii

List of reporters
pp ix-x

1 - Introduction
pp 1-11

2 - United States – Section 129(c)(1) of the Uruguay Round Agreements Act (WTO Doc. WT/DS22/R of 15 July 2002): Beating Around (The) Bush
pp 12-35

3 - United States – Tax Treatment for “Foreign Sales Corporations” Recourse to Arbitration by the United States Under Article 22.6 of the DSU and Article 4.11 of the SCM Agreement (WT/DS106/ARB): A Comment
pp 36-63

4 - United States – Countervailing Duties on Certain Corrosion-Resistant Carbon Steel Flat Products from Germany (WTO Doc. WT/DS213/AB/R): The Sounds of Silence
pp 64-77

5 - United States – Countervailing Measures Concerning Certain Products from the European Communities (WTO Doc. WT/DS212/AB/R): Recurring Misunderstanding of Non-Recurring Subsidies
pp 78-87

6 - Canada – Export Credits and Loan Guarantees for Regional Aircraft (WT/DS222/R): A Comment
pp 88-98

7 - United States – Definitive Safeguard Measures on Imports of Circular Welded Carbon Quality Line Pipe From Korea
pp 99-132

8 - Chile – Price Band System and Safeguard Measures Relating to Certain Agricultural Products
pp 133-157

9 - India – Measures Affecting the Automotive Sector
pp 158-178

10 - United States – Section 211 Omnibus Appropriations Act of 1998 (WT/DS176/AB/R): A Comment
pp 179-219

11 - United States – Preliminary Determination with Respect to Certain Softwood Lumber from Canada: What is a Subsidy?
pp 220-247

12 - European Communities – Trade Description of Sardines: Textualism and its Discontent
pp 248-275

Index
pp 276-284

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The American Law Institute Reporters' Studies

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