Chronique commentée des décisions de l'Organe de Règlement des Différends (juin 2010-novembre 2011)
Further to our previous reports, this year’s dispute cases at the WTO Dispute Settlement Body permit us to observe and to try to estimate connections between liberalization of international trade and non-trade values. Non-trade values or economic interests ? Complainants who refer to such values (public health, environment...) frequently are suspected – sometimes rightly – to do so in order to protect their national market (cf. for instance China – Raw Materials or United States – Clove Cigarettes). To present a case with convincing arguments is of an essential importance. In this respect, procedural matters are of an increasing importance – as is the role of the panels. Therefore, these matters hold a significant part in the present review. Several Agreements were invoked by complainants : most frequently the General Agreement on Tariffs and Trade (the GATT of 1994), but also the Agreement on Technical Barriers to Trade (TBC) and the Agreement on Subsidies and Countervailing Measures (SCM). Lastly, we can note for how much time some cases last (Australia – Apples from New Zealand, started in 2007 and now seems to have come to an end, or European Communities – Large Civil Aircraft, initiated with Airbus’s plaint in 2004).
Volume (Year): t. XXVI (2012)
Issue (Month): 2 ()
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