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pp 1-59 | Cite as

Overview of WTO Jurisprudence in 2016

  • Jan BohanesEmail author
  • Panagiotis Kyriakou
  • Christian Vidal-León
  • Tatiana Yanguas
Chapter
Part of the European Yearbook of International Economic Law book series

Abstract

This article presents an overview of the World Trade Organization (WTO) disputes resolved in 2016. As common in WTO dispute settlement, a large proportion of the case law concerns trade remedies, in particular anti-dumping measures. In that category of disputes, 2016 saw decisions in the US – Washing Machines and US – Anti-Dumping Methodologies disputes, which concerned in particular the controversial “targeted dumping” methodology under Article 2.4.2 of the Anti-Dumping Agreement, including the use of the controversial “zeroing” methodology; EU – Biodiesel, which concerned a controversial cost calculation methodology, variations of which will likely re-appear before WTO dispute settlement panels in the future, because this methodology targets in particular China; the compliance (Article 21.5 DSU) panel in EC – Fasteners (21.5); and the panel report in EU – Fatty Alcohols, at whose core were questions concerning the treatment of payments between related parties.

Beyond trade remedies, 2016 saw the Appellate Body Report in Argentina – Financial Services, a long-awaited addition to the still disappointingly slim body of jurisprudence under the General Agreement on Trade in Services (GATS); the Appellate Body Report in Colombia – Textiles, a dispute brought by Panama against its larger neighbor; the panel report in Russia – Tariff Treatment, the first adopted panel report with findings of violation by Russia, which was not appealed; the panel and Appellate Body Reports in India – Solar Panels, a dispute that concerned manifestly WTO-inconsistent local content requirements measures by India, but that addressed for the first time a hitherto obscure sub-paragraph of Article XX of the GATT 1994; the panel report in Russia – Pigs, an SPS dispute that featured, among other things, interesting findings on the regionalization obligation under Article 6 of the SPS Agreement and that was largely upheld by the Appellate Body on appeal in 2017; two panel reports in the on-going civil aircraft subsidization saga between the EU and the US, EC – Aircraft (21.5) and US – Tax Incentives (DS487) both of which were appealed (the appeal in US – Tax Incentives was issued in September 2017, the appeal in EC – Aircraft (21.5) is expected to be released in 2018); and the panel report in the Indonesia – Import Licensing Regimes, a dispute brought by the United States and New Zealand against a broad array of Indonesian measures on horticultural products.

Copyright information

© Springer Nature Switzerland AG 2018

Authors and Affiliations

  • Jan Bohanes
    • 1
    Email author
  • Panagiotis Kyriakou
    • 2
  • Christian Vidal-León
    • 1
  • Tatiana Yanguas
    • 1
  1. 1.ACWLGenevaSwitzerland
  2. 2.Graduate Institute of International and Development StudiesGenevaSwitzerland

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