8 Apr 2012
The Jurisprudence of WTO Dispute Resolution (2011)
by Matthias Oesch
This chronicle summarises the jurisprudence of WTO dispute resolution in 2011. It comments on the most relevant WTO panel and Appellate Body reports from a Swiss perspective. Three cases have attracted particular attention. The dispute in Thailand – Cigarettes from the Philippines turned on customs and fiscal measures imposed by Thailand affecting the importation of cigarettes, arguably violating the national treatment principle pursuant to Article III of the General Agreement on Tariffs and Trade of 1994 (GATT 1994). The US – Tyres from China case concerned safeguards measures imposed by the United States on imports of certain passenger vehicle and light truck tyres which China considered to be inconsistent with its Protocol of Accession. In the EC – Large Civil Aircraft case, the United States claimed that alleged subsidies granted by the EC and certain member states to Airbus violated the Agreement on Subsidies and Countervailing Measures (SCM Agreement). These three cases will each be dealt with in turn. Furthermore, various panel and Appellate Body reports on trade remedy matters were issued, primarily turning on anti-dumping measures US – Anti-Dumping and Countervailing Measures [China], EC – Fasteners, US – Zeroing Korea, US – Orange Juice Brazil, US – Shrimp Viet Nam, and EU – Footwear China). These cases are not discussed in this chronicle.