GEEK ALERT: Updated—the article on the new US paper, with some thoughts on its assertion that #DisputeSettlement has weakened members’ work in the #WTO on monitoring and discussing how the rules (agreements) are being implemented.

It may be true for anti-dumping, safeguards and subsidies, but those subjects are the hunting-ground of lawyers and easily litigated

But not for other #WTO subjects. Perhaps the answer lies in strengthening those three “remedies” committees

https://tradebetablog.wordpress.com/2023/07/05/us-new-paper-dispute-settlement/

4/4 — Some background on the controversy in #WTO #DisputeSettlement is here: https://tradebetablog.wordpress.com/2019/08/21/by-christmas-wto-dead/

3/4 — Many members supported the talks, including the EU, US and China (with a nod to some reservations expressed about the process).

India complained that the informal talks should not be reported to the forma #WTO #DisputeSettlement Body (today’s meeting was that), an argument that is frankly mystifying since formal committees regularly hear what happened in informal consultations.

Several developing countries supported India, some saying they were struggling to attend all the meetings.

2/4 — The hope is to negotiate a text in the Autumn leading to a resolution by the next #WTO ministerial conference, February (2024).

Molina said his talks were not a continuation of last year’s US talks. No information has emerged on what was discussed.

The US is the main critic of how appeals are held in WTO #DisputeSettlement. In today’s meeting it blocked appointing appeals judges for the 64th time, so the #AppellateBody still cannot function.

1/4 — At long last #WTO members have started serious discussions on resolving the conflict over #DisputeSettlement

The membership was briefed today (Mar 31) by Marco Molina, Guatemala’s deputy head of delegation, who has become the talks' coordinator in a personal capacity (as are all negotiations chairs, incidentally).

He said informal talks open to all members began in February and aim to continue until the summer break, with an intensive timetable, exploring areas where members can agree.

#WTO Corner:

- #TRIPS waiver
- #Disputesettlement reform

By Chris Horseman 👇
https://borderlex.net/2022/12/20/wto-corner-trips-waiver-dispute-settlement-reform/

Also out today, an arbitration ruling in the #WTO #DisputeSettlement case on Colombia’s anti-dumping duties on frozen fries from 3 EU countries.

The WTO Appellate Body cannot function, so Colombia used the multi-party interim appeal arbitration arrangement (#MPIA) instead.

Legally, the MPIA ruling is mixed. Bottom line? Colombia’s measures violate WTO rules

DS591 details—expand summary of findings at the end https://www.wto.org/english/tratop_e/dispu_e/cases_e/ds591_e.htm

A #WTO #DisputeSettlement panel has ruled in favour of Hong Kong and against the US over an American requirement that products made in Hong Kong be labelled “made in China”.

The panel acknowledged that tensions had been rising but fell short of “an emergency in international relations”.

Full details of dispute DS597 are here (expand “summary of key findings” at the bottom of the page):

https://www.wto.org/english/tratop_e/dispu_e/cases_e/ds597_e.htm

#WTO Corner: 🇨🇳 China files a dispute on US export controls & 🇮🇩 Indonesia appeals a dispute against its nickel export restrictions

By Iana Dreyer

#EUTrade #DisputeSettlement

https://borderlex.net/2022/12/13/wto-corner-china-files-dispute-on-us-export-controls-indonesia-appeals-into-void-on-nickel/

All the #WTO #DisputeSettlement panel reports on complaints about US measures on steel and aluminium under #Section232 of the US Trade Expansion Act are here: https://docs.wto.org/dol2fe/Pages/FE_Search/FE_S_S006.aspx?Language=ENGLISH&SourcePage=FE_S_S002&Context=RD&PostingDateFrom=09%2f12%2f2022&PostingDateTo=09%2f12%2f2022&IsEnglishSelected=True&IsFrenchSelected=True&IsSpanishSelected=True&IsAllLanguageSelected=True&FullTextHash=371857150&SearchPage=FE_B_002&TopicId=0&languageUIChanged=true

Summaries and details of the four disputes:

DS544 (complaint from China) https://wto.org/english/tratop_e/dispu_e/cases_e/ds544_e.htm

DS552 (complaint from Norway) https://wto.org/english/tratop_e/dispu_e/cases_e/ds552_e.htm

DS556 (complaint from Switzerland) https://wto.org/english/tratop_e/dispu_e/cases_e/ds556_e.htm

DS564 (complaint from Turkey) https://wto.org/english/tratop_e/dispu_e/cases_e/ds564_e.htm

1/2

Yesterday, the US again prevented #WTO members from appointing appeals judges and unblocking the appeals stage in formal #DisputeSettlement.

Blocking consensus for the 60th time, it told the membership more work is needed to understand everyone’s interests in the issue.

Mexico, speaking for 127 members, said one member’s concern about how appeals work does not justify blocking the whole process.

This was a meeting of the #DisputeSettlementBody, comprising the full WTO membership

More …