The WTO Case Law of 2009 ：Legal and Economic Analysis ( The American Law Institute Reporters Studies on WTO Law )

Publication subTitle ：Legal and Economic Analysis

Publication series ：The American Law Institute Reporters Studies on WTO Law

Author： Henrik Horn;Petros C. Mavroidis;  

Publisher： Cambridge University Press‎

Publication year： 2011

E-ISBN: 9781316969083

P-ISBN(Paperback): 9781107681781

P-ISBN(Hardback):  9781107681781

Subject： D996.1 International Commercial Law (International Trade)

Keyword： 法律

Language： ENG

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Description

Seventh report of the American Law Institute project on World Trade Organization case law covering 2009. Seventh report of the American Law Institute project on WTO law. The project undertakes yearly analysis of case law from the adjudicating bodies of the WTO. Reporters' studies for 2009 cover a wide range of WTO law. Seventh report of the American Law Institute project on WTO law. The project undertakes yearly analysis of case law from the adjudicating bodies of the WTO. Reporters' studies for 2009 cover a wide range of WTO law. This book brings together the 2009 output of the American Law Institute (ALI) project on World Trade Organization law. Each chapter focuses on a different dispute from the adjudicating bodies of the WTO. Each case is jointly evaluated by well known experts in trade law and international economics. ALI reporters critically review the jurisprudence of WTO adjudicating bodies and 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, in the reporters' views, the 'core' of the dispute. This paperback will be an invaluable resource for students, lecturers and practitioners of international trade law. Foreword Lance Liebman; Introduction Henrik Horn and Petros C. Mavroidis; US complian

Chapter

Cover

THE AMERICAN LAW INSTITUTE THE WTO CASE LAW OF 2009

Title

Copyright

CONTENTS

Foreword

Introduction

US Compliance with WTO Rulings on Zeroing in Anti-Dumping

Introduction

1. The dispute

Complainant arguments and the US defense

US–Zeroing (EC)

US–Zeroing (Japan)

2. The Panel Report

US–Zeroing (EC)

US–Zeroing (Japan)

3. The appeal and the Appellate Body Reports

US–Zeroing (EC)

The Appellate Body Report

US–Zeroing (Japan)

4. Legal analysis

Periodic reviews as ‘measures taken to comply’

Timing of compliance – any action following the expiry of the RPT is captured

The ‘all others’ rate – how to deal with a loophole?

5. Economic perspectives and policy considerations

Needed: more effective surveillance and analysis

6. Concluding remarks

References

United States – Continued Existence and Application of Zeroing Methodology: the end of Zeroing?

1. Introduction

2. What measures can be challenged?

3. Commentary

3.1 ‘Cases’ versus ‘proceedings’

3.2 The role of precedent: simple zeroing as applied in 29 periodic reviews

3.3 Challenging preliminary determinations

3.4 Linkage between request for consultations and REP

3.5 Mathematical equivalence

3.6 Evidence

4. Concluding comments

Incomplete Harmonization Contracts in International Economic Law: Report of the Panel, China – Measures Affecting the Protection and Enforcement of Intellectual Property Rights, WT/DS362/R, adopted 20 March 2009

Introduction

1. Copyright and censorship

The facts

Legal analysis

2. Disposal of infringing goods

Facts

Legal analysis

3. Thresholds for criminal procedures and penalties

Facts

Legal analysis

4. Economic and policy analysis

Policy externalities in connection with intellectual property rights

TRIPS as an incomplete contract

Nonviolation claims

5. Conclusion

Comment: China – Measures Affecting the Protection and Enforcement of Intellectual Property Rights

Do incomplete contract (and/or moral hazard) properly illuminate the functionality of the provisions of TRIPs at issue in the dispute?

Censorship, human rights, and TRIPs

References

Trading Cultures: Appellate Body Report on China–Audiovisuals

Summary of the dispute

1. Legal analysis

1.1 Is a film a ‘good’ or a ‘service’?

1.2 Can GATT exceptions justify breach under all WTO agreements?

2. Economic analysis

2.1 Economic implications of the Appellate Body’s ruling

Small-country case

Large-country case

2.2 Economic arguments for the protection of cultural goods

Economies of scale in the production of cultural goods

Network externalities in the consumption of cultural goods

3. Conclusions

References

Comment: Appellate Body Ruling in China–Publications and Audiovisual Products

1. How should measures falling under the GATT be distinguished from those falling under the GATS?

2. Could a measure inconsistent with one WTO agreement be justified by an exception contained in another?

‘Optimal’ Retaliation in the WTO – a commentary on the Upland Cotton Arbitration

1. Key issues and legal analysis – prohibited subsidies

Expired programs

Continuing programs – the retaliation metric

The decision of the Arbitrator

Legal analysis

2. Key issues and legal analysis – actionable subsidies

Legal analysis

3. Key issues and legal analysis – cross-retaliation

Legal analysis

4. Economic analysis

Implications of the ‘compliance theory’

Retroactive retaliation

Implications of the efficient-breach theory in a model of competing exporters

Other issues: cross-retaliation, elasticities

Cross-retaliation

Long-run versus short-run elasticities

Summary

References

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