The WTO Case Law of 2011

Ninth report of the American Law Institute project on World Trade Organization case law covering 2011.

Chad P. Bown (Edited by), Petros C. Mavroidis (Edited by)

9781107617223, Cambridge University Press

Paperback / softback, published 16 May 2013

337 pages
24.7 x 17.2 x 1.7 cm, 0.61 kg

This book brings together the 2011 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.

Introduction Chad P. Bown and Petros C. Mavroidis
1. It's a bird, it's a plane: some remarks on the Airbus Appellate Body Report (EC and Certain Member States – Large Civil Aircraft, WT/DS316/AB/R) Michael Hahn and Kirtikumar Mehta
2. Thailand–Cigarettes (Philippines): a more serious role for the 'less favourable treatment' standard of Article III:4 William Davey and Keith Maskus
3. Comment on 'Thailand–Cigarettes (Philippines): a more serious role for the 'less favourable treatment' standard of Article III:4' Geoffrey Carlson
4. United States – anti-dumping and countervailing duties on certain products from China: passing the buck on pass-through Thomas Prusa and Edwin Vermulst
5. Treaty interpretation or activism? The AB Report on United States – ADs and CVDs on Certain Products from China Joost Pauwelyn
6. One (firm) is not enough: a legal-economic analysis of EC–fasteners Chad Bown and Petros C. Mavroidis
7. Upholding a WTO accession contract: imposing pain for little gain Bernard Hoekman
8. Philippines – taxes on distilled spirits: like products and market definition Joel Trachtman and Damien Neven
9. The TBT panels: US–Cloves, US–Tuna, US–COOL Robert L. Howse and Philip I. Levy
10. Yet another nail in the coffin of Zeroing: United States – anti-dumping administrative reviews and other measures related to imports of certain orange juice from Brazil Mark Wu and Kamal Saggi
11. United States – use of Zeroing in anti-dumping measures involving products from Korea: it's déjà vu all over again Luca Rubini and Thomas Prusa
12. How easy is an easy case for a complainant? A comment on US–Zeroing (Korea) DS 402 Jorge Huerta-Goldman
13. US – anti-dumping measures on certain shrimp from Viet Nam: a stir-fry of seafood, statistics, and lacunae Tomer Broude and Michael O. Moore.

Subject Areas: Civil procedure, litigation & dispute resolution [LNAC], International economic & trade law [LBBM], Comparative law [LAM]