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

This book is the second annual report of the American Law Institute (ALI) project on World Trade Organisation 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.

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.

Foreword; List of Reporters; 1. Introduction Henrik Horn and Petros C. Mavroidis; 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 Kyle Bagwell and Petros C. Mavroidis; 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 Robert Howse and Damien J. Neven; 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 Gene M. Grossman and Petros C. Mavroidis; 5. United States - Countervailing Measures Concerning Certain Products from the European Communities (WTO Doc. WT/DS212/AB/R): Recurring Misunderstanding of Non-Recurring Subsidies Gene M. Grossman and Petros C. Mavroidis; 6. Canada - Export Credits and Loan Guarantees for Regional Aircraft (WT/DS222/R): A Comment Robert Howse and Damien J. Neven; 7. United States - Definitive Safeguard Measures on Imports of Circular Welded Carbon Quality Line Pipe From Korea Gene M. Grossman and Petros C. Mavroidis; 8. Chile - Price Band System and Safeguard Measures Relating to Certain Agricultural Products Kyle Bagwell and Alan O. Sykes; 9. India - Measures Affecting the Automotive Sector Kyle Bagwell and Alan O. Sykes; 10. United States - Section 211 Omnibus Appropriations Act of 1998 (WT/DS176/AB/R) Robert Howse and Damien J. Neven; 11. United States - Preliminary Determination with Respect to Certain Softwood Lumber from Canada: What is a Subsidy? Henrik Horn and Petros C. Mavroidis; 12. European Communities - Trade Description of Sardines: Textualism and its Discontent Henrik Horn and Joseph H. H. Weiler.

Second annual 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 2002 cover a wide range of WTO law ranging from classic trade in goods issues to intellectual property protection.