Import Ref: 
69
Import Imported: 
1

This event discussed the recent WTO Appellate Body report on Peru – Agricultural Products (DS457). In this dispute, Guatemala challenged additional duties imposed by Peru on imports of certain agricultural products through a “Price Range System” (PRS).

The dispute also dealt with the issue of whether Guatemala’s claims were brought in good faith under Articles 3.7 and 3.10 of the DSU, and whether, through the Peru-Guatemala Free Trade Agreement (FTA), the parties have modified their reciprocal WTO rights and obligations. The Appellate Body upheld most of the panel’s conclusions and found inter alia that Guatemala did not, through the FTA, waive its right to bring a claim in the WTO against Peru. The Appellate Body ruled that the FTA and the International Law Commission's Articles on Responsibility of States for Internationally Wrongful Acts (ILC Articles) cannot be used to interpret Article 4.2 of the Agreement on Agriculture and Article II:1(b) of the GATT 1994 as allowing the maintenance of the PRS. Peru’s PRS was ultimately found by the Appellate Body to be WTO-inconsistent. After a presentation on the key findings of the Appellate Body, the experts will provide comments and engage in a discussion from different angles: WTO law, public international law, FTA negotiation practices, and economic implications in the context of implementation.

Talking Disputes is designed to allow for the discussion of specific WTO disputes by experts and interested professionals from relevant fields. One or two experts present key aspects of the case, setting the stage for a targeted discussion, and designated discussants provide substantive comments.

Venue: Room S3, World Trade Organization (WTO), Rue de Lausanne 154, 1202 Geneva

Registration: Registration is mandatory. (Registration is now closed.)

 

This event was also streamed live online on the event page. Online viewers sent questions through Twitter using the hash tag #TalkingDisputes, @ICTSDTradeLaw, or through the comment function below. Selected questions were read and addressed by the speakers during Q&A session.

[The views and opinions expressed in the event are those of the experts and do not necessarily reflect those of ICTSD and WTIA.]

 

Undefined
Place: 
Geneva, Switzerland
Event type: 
Our events
Theme: 
TRADE LAW
Image: 
Promote to homepage: 
No
Updates: 
Post-Bali Negotiations on Agriculture: the Challenge of Updating Global Rules on TradeForum Selection in Trade LitigationTalking Disputes No. 11 | The Peru – Agricultural Products Dispute OMC establece panel en disputa entre Guatemala y Perú por aranceles en productos agrícolasWTO Panel Rules Against Peruvian Agriculture DutiesPeru Appeals WTO Panel Ruling in Agricultural Duties CaseGuatemala Lodges Appeal in Peru Agricultural Duties CaseWTO Appellate Body Grants Guatemala Victory in Peru Agriculture Duties Case
Region: 
Global
Main Tag: 
Event
Language: 
English
Date period: 
Tuesday, 29 September 2015 - 12:15pm

This event introduced the recent WTO panel report on US –Tuna II (Mexico) (DS381) DSU Article 21.5 compliance proceeding. In this dispute, Mexico challenged the US amended “dolphin-safe” labelling measure, which was meant to comply with the recommendations and rulings of DSB in 2012. The compliance panel reaffirmed that the United States is entitled, in pursuit of its desired level of protection, to disqualify tuna caught by setting on dolphins from acquiring the “dolphin-safe” label. Nonetheless, the panel considered that the United States did not do enough to bring its measure into compliance with its WTO obligations. In particular, the panel found that the independent observer certification and tracking and verification requirements continued to cause detrimental impact to Mexican tuna and that such detrimental impact did not stem exclusively from legitimate regulatory distinctions. 

 

Talking Disputes is designed to allow for the discussion of specific WTO disputes by experts and interested professionals from relevant fields. One or two experts present key aspects of the case, setting the stage for a targeted discussion, and designated discussants provide substantive comments.

 

Venue: Room S2, World Trade Organization, Rue de Lausanne 154, 1202 Geneva

Registration: Registration is mandatory. (Registration is now closed.)


This event was also streamed live on this webpage. Online viewers sent questions through Twitter using the hash tag 
#TalkingDisputes, or @ ICTSDTradeLaw. Questions were read and addressed by the spearkers during the Q&A session.

 

 

Undefined
Place: 
Geneva, Switzerland
Event type: 
Our events
Theme: 
TRADE LAW
Image: 
Promote to homepage: 
No
Language: 
English
Partners: 

WTI Advisors www.wtiadvisors.com

Date period: 
Thursday, 7 May 2015 - 5:30pm