Wto Case Study

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Recommended: To be effective in dispute settlement

The law of the WTO is a complex set of rules dealing with trade in goods and services and the protection of intellectual property rights. WTO law addresses a broad spectrum of issues which could be divided into five groups of basic rules: 1) rules of non-discrimination; 2) rules on market access; 3) rules on unfair trade; 4) rules on the conflict between trade liberalization and other societal values and interests; 5) institutional and procedural rules, including those relating to WTO decision-making, trade policy review and dispute settlement. These substantive, institutional and procedural rules of WTO law make up what is commonly referred to as the multilateral trading system. (需要插入一个开始分类描述的总结。过渡。)For this Exam, I would like to focus my eyes on two respects of those groups, namely rules on market access and institutional and procedural rules. Technical barriers to trade--- WTO law contains four groups of rules regarding market access, one of them are rules on other ‘non-tariff barriers’. These ‘other non-tariff barriers’ to trade are a broad, residual category of measures, actions or omissions of Members, including technical barriers to trade. Compared with general rules focus on eliminating the negative trade effects of non-tariff measures, primarily by prohibiting them or by ensuring their non-discriminatory application, the rules applicable to technical barriers to trade, as set out in the TBT Agreement go further in addressing non-tariff barriers to trade by also promoting regulatory harmonization in order to encourage Members to harmonies their national TBT measures around standards set by the relevant international standard-setting bodies. As technical barriers to trade possess diversity, elusiveness and strong effect... ... middle of paper ... .... The competence of the WTO dispute settlement always is limited by mechanical rules. Take Case Argentina- Preserved Peaches (2003) for example, its panel report has been published on the 14th of February, 2003. On the 15th of April, 2003 the DSB adopted the panel report. The panel ruled that the safeguards applied by Argentina violated Article XIX of the GATT 1994: Emergency Action on Imports of Particular Products, at the same time also violated some provisions of Agreement on Safeguards. Rulings based on rules-oriented made by the panel should avoid questions originally. From the panel report, however, the panel, even the whole DSB did not consider the specific background of the safeguards performed by Argentina. There is no word mentioned about the worsening conditions of Argentina with the respect of economic. Thus, the ruling must result a worse consequence.

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