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Using the WTO Trade Remedies Committees as a Forum to Resolve Trade Frictions

By , , , , and 5 Mins Read

Few companies know all the opportunities the World Trade Organization (“WTO”) offers to resolve trade-related problems or frictions. The WTO’s functioning does not depend only on its Dispute Settlement Body (“DSB”). It has several committees that can be even more powerful than the DSB. Examples are the Committee on Anti-Dumping Practices (“AD Committee”) and the Committee on Subsidies and Countervailing Measures (“SCM Committee”). This Blog explains how both offer a forum to resolve practical and…

WTO e-commerce moratorium: FTAs as the logical next step?

By , and 5 Mins Read

The e-commerce moratorium at the World Trade Organization (WTO) continues to provide fertile ground for discussions between WTO Members (Members). In the most recent discussion round, held in April 2023 in the context of the WTO Work Programme on Electronic Commerce, Members agreed there was a need for further discussions on the definition and scope of the moratorium, and on its implications on developing countries. The moratorium has a long history. In 1998, Members adopted…

The WTO delivers at its 12th Ministerial Conference in Geneva; Multilateralism moves incrementally

By and 4 Mins Read

Introduction In the early hours of 17 June 2022, the Ministerial Conference of the World Trade Organization (WTO) adopted a package of decisions after five days and nights of intense negotiations that appeared to be teetering on the brink of collapse. With the WTO’s credibility on the line, trade ministers were able to compromise and reach consensus at the last minute, reaffirming the WTO’s capacity to deliver multilateral trade rules and provide trade-related responses to…

UK and UK and Switzerland confirm participation in revised government procurement pact Switzerland confirm participation in revised government procurement pact

By 2 Mins Read

On 2 December 2020, the WTO announced that Switzerland and the United Kingdom have completed the final step for making their respective participation in the revised Government Procurement Agreement (GPA) effective. As of 1 January 2021, the revised GPA will be in force for Switzerland, and the UK will be a party to the accord in its own right. The announcement said: Switzerland submitted the so-called “instrument of acceptance” to the WTO on 2 December.…

EU announces countermeasures against US products as a result of WTO large aircraft arbitration

By 3 Mins Read

On 9 November 2020, the Official Journal published Commission Implementing Regulation (EU) 2020/1646 of 7 November 2020 on commercial policy measures concerning certain products from the United States of America following the adjudication of a trade dispute under the Dispute Settlement Understanding of the World Trade Organization. On 11 April 2019, the Dispute Settlement Body of the World Trade Organization (‘WTO’) adopted its recommendations and rulings in the dispute DS353 United States – Measures Affecting Trade in…

WTO arbitration in Boeing rules EU may request DSB authorization to assess countermeasures against US up to USD 3.99 Bn.

By 2 Mins Read

On 13 October 2020, a WTO arbitrator issued its decision on the level of countermeasures the European Union may request with respect to 16-year old dispute with the United States involving subsidies to Boeing in “United States — Measures Affecting Trade in Large Civil Aircraft — Second Complaint” (DS353). The United States had previously won a parallel case involving European subsidies to Airbus and assessed tariffs against European goods worth approximately USD 7.4 Bn. In…

WTO – Negotiations on a WTO investment facilitation agreement show high level of engagement

By 1 Min Read

On 9 October 2020, the WTO announced the second round of formal negotiations for a multilateral agreement on investment facilitation for development, held on 8-9 October 2020, showed a high level of engagement by participating members who found significant common ground to advance in line with the agreed agenda. Participating members — currently 105 — engaged in a constructive discussion with a view to achieving a concrete outcome by the 12th WTO Ministerial Conference (MC12)…

UK to join WTO government procurement pact in its own right in the new year

By 1 Min Read

The WTO announced that at a meeting of the Committee on Government Procurement on 7 October, parties to the Government Procurement Agreement (GPA) invited the United Kingdom to complete the remaining steps to join the Agreement in its own right following its departure from the European Union. They also applauded Brazil for submitting the first documentation required to start negotiations to join the Agreement. At the meeting, GPA parties adopted a decision granting the UK…

WTO panel issues report re: US 25% tariffs against Chinese products under sec. 301

By 2 Mins Read

On 15 September 2020, the WTO panel reviewing “United States — Tariff Measures on Certain Goods from China” (DS543) released its panel report, which found that the section 301 tariffs imposed by the US against certain Chinese goods were prima facie inconsistent with various provisions of the General Agreement on Tariffs and Trade (GATT). For the reasons set forth in the Report, the Panel concluded that: a. the parties have not reached a mutually satisfactory…

US – USTR to hold a hearing on China’s compliance with WTO commitments

By 1 Min Read

On August 18, 2020, the Office of the US Trade Representative (USTR) published in the Federal Register a document indicating that the interagency Trade Policy Staff Committee (TPSC) requests comments and will hold a public hearing [Docket Number USTR-2020-0033] to assist the USTR in the preparation of its annual report to Congress on China’s implementation of its obligations as a Member of the World Trade Organization (WTO). Due to COVID-19, the TPSC will foster public…