Chapter
3.1.3 Modeling the effect of waiver rules in the WTO
3.1.3.1 Judicial system with rule of waiver
3.1.3.2 Judicial system without rule of waiver
3.1.3.4 The example with waiver
3.1.3.5 The example with no rule of waiver
3.2 Injury caused by exporters not individually investigated
3.3 Deference to the panel on the "relevant factors" issue
3 United States - Sunset Review of Anti-Dumping Duties on Corrosion-Resistant Carbon Steel Flat Products From Japan (AB-2003-5, WT/DS244/AB/R): A Legal and Economic Analysis of the Appellate Body Ruling
2.1 When can legal norms "as such" be challenged as violations of WTO rules, independent of their application?
2.2 Is the Sunset Policy Bulletin an "administrative procedure" within the meaning of Art. 18.4 of the AD Agreement?
3.1 How is dumping calculated in the Sunset Review?
3.2 How is the likelihood of continued or renewed dumping assessed?
4 United States - Continued Dumping and Subsidy Offset Act of 2000 (WT/DS217/AB/R: DSR 2003:I,375)
2 Does the Byrd Amendment violate Arts.18.1 AD and 32.1 SCM?
2.1 Adjudicating bodies' interpretation of "specific"
2.2 Adjudicating bodies' interpretation of "against"
2.3 The AB's interpretation of whether the legislation is "in accordance with the provisions of GATT 1994"
2.4.1 The AB's incoherent treatment of dissuasive effects
2.4.2 The evidence for the existence of the competitiveness effect
2.4.2.1 No discussion of what should be required for an economic theory to strike down legislation
2.4.2.2 The AB advances an economic theory but no economic analysis
2.4.2.3 The AB's economic theory is questionable
2.4.2.4 The AB violates its own standard for striking down legislation
2.4.3 Some reasons suggesting a limited intended ambit of Art.18.1 AD
3 Does the Byrd Amendment violate Arts. 5.4 AD and 11.4 SCM?
3.1 The divergent views of the panel and the AB
4 Other possible lines of attack on the Byrd legislation
5 European Community - Antidumping Duties on Malleable Cast Iron Tube or Pipe Fittings from Brazil (WT/DS219/AB/R: DSR 2003:VI, 2613)
2 How should have devaluations been treated during the period of investigation (POI)?
2.2 The issues before the AB
2.4.1 How does the exchange rate affect the calculated dumping margin?
2.4.2 Could and/or should the EC have used only post-devaluation data?
2.4.3 Specific remarks on the AB report
3 How should data from periods with "low sales" be treated?
3.3.1 The purpose of the "low-volume" concept
3.3.2 The AB's neglect of the term "like" in Art. 2.2.2 DSU
3.3.3 The AB's interpretation of the intent of negotiators
3.3.4 What should the AB have done?
4 Did the EC take proper account of the "growth factor"?
5 Individual examination of the impact of cumulated factors
5.2 The issue before the AB
7 The handling of documents in AD proceedings
7.3.1 When is a document properly before an investigating authority?
7.3.2 Should EC-12 have been disclosed to interested parties?
7.3.3 The AB did not address the core issue
7.3.4 How could Brazil have known the content of EC-12?
6 United States - Final Determination with Respect to Certain Softwood Lumber from Canada (AB-2003-6, WT/DS257/AB/R)
2 The AB's findings on alternative benchmarks
2.2.1 Can alternative benchmarks be used?
2.2.2 When can alternative benchmarks be used?
2.2.3 Which alternative benchmarks can be used?
2.2.4 The legality of the method employed by the United States
3 When is a pass-through analysis necessary?
3.2.1 Sales of logs at arm's length by timber harvesters/sawmills to independent lumber producers
3.2.2 Sales of lumber at arm's length by timber harvesters/sawmills to independent lumber re-manufacturers
7 United States - Definitive Safeguard Measures on Imports of Certain Steel Products (WT/DS259; WT/DS252; WT/DS248; WT/DS249; WT/DS251; WT/DS258; WT/DS254; WT/DS253: DSR 2003:VII, 3117)
2 Legal, historical, and economic background
2.1 Article XIX and its interpretive puzzles
2.1.1 Unforeseen developments
2.1.2 Serious injury and causation
2.2 The Safeguards Agreement
2.3 Safeguards in Appellate Body jurisprudence prior to the steel case
2.3.1 The Resurrection of unforeseen developments
2.3.2 Increased quantities
3.1.1 Unforeseen developments
3.1.2 Increased imports and the baseline question
3.1.3 Causation and the "non-attribution" problem
3.1.3.1 Demonstrating the causal link to imports
3.1.3.2 The non-attribution problem
3.2 The Appellate Body decision
3.2.1 Unforeseen developments
8 Mexico - Measures Affecting Telecommunications Services (WT/DS204/R) A Comment on "El mess in TELMEX"
2.1 Regulation of termination charges
2.1.2 Some consequences of the ILD rules
3.1 Mode-1 supply of basic telecommunications services
3.2 Mode-1 export of services?
3.3 Exports and imports of telecom services
3.4 Mexico's concession: the routing requirement
3.5 Applying the TRP to mode-1 supply of services
5 Abuse of dominant cartels?
9 European Communities - Conditions for the Granting of Tariff Preferences to Developing Countries (WT/DS246/AB/R)
2.1 GSP scope and conditionality in the United States and Europe
2.1.1 GSP in the United States
2.1.2 GSP in the European communities
2.2 India's complaint and its legal basis
2.3 The European response and the Panel decision
2.4 The Appellate Body decision
3.1 An assessment of the WTO outcome
3.2 Implications of the Appellate Body decision for other aspects of existing GSP schemes
4.1 Economic effects of tariff preferences
4.2 Does GSP promote "development?"
4.3 Differential treatment and conditionality in tariff preference schemes
10 United States - Anti-Dumping Act of 1916 (Original Complaint by the European Communities) - Recourse to Arbitration by the United States under 22.6 of the DSU, WT/DS136/ARB, 24 February 2004: A Legal and Economic Analysis
3.1 How is the level of nullification or impairment to be defined?
3.2 How should the level of nullification or impairment be measured?
4 Conclusion: "Efficient Breach" and the law of the WTO
11 Japan - Measures Affecting the Importation of Apples (AB-2003-4): One Bad Apple? (DS245/AB/R): A Comment
2 The dispute's factual matrix
3 SPS - objectives and rationale
4 On the evaluation of risk and risk-reducing measures
4.1 The mandate of the adjudicator
4.2 The standard of review
5 Risk assessment in Apples
6 Consistency and discrimination
8 The precautionary principle
8.2 Risk, ambiguity, and precaution in the SPS agreement
8.3 Precaution in Japan - Apples?
The WTO Case Law of 2003
：The American Law Institute Reporters' Studies
( The American Law Institute Reporters Studies on WTO Law )
Disclaimer: Any content in publications that violate the sovereignty, the constitution or regulations of the PRC is not accepted or approved by CNPIEC.