GATT Disputes: 1948-1995

Dispute Settlement Procedures (Volume 2)

Description :

GATT Disputes: 1948-1995 looks into the evolution of dispute settlement under the General Agreement on Tariffs and Trade (GATT) 1947, which served as the foundation for the Dispute Settlement Understanding created by the Marrakesh Agreement Establishing the WTO. The two volumes represent the first comprehensive effort to compile and consolidate verified and factual information on all disputes during the entire GATT 1947 period (1948-1995).

Volume 1 provides a comprehensive overview of dispute settlement activities under the GATT 1947 and a one-page case summary for each of the 316 GATT disputes brought by contracting parties
during this period.

Volume 2 compiles documents containing GATT dispute settlement rules and procedures and other selected documents of interest.

An online dedicated database is currently under development. It will provide user-friendly access to all data compiled in the research for this publication.

Published December 2018 | 400 pages | 297 x 210 mm | Weight: 1.100 kg

Contents:

1. Relevant provisions of the GATT 1947
1.a Original GATT Article XXII.
1.b GATT Article XXII, as amended on 7 October 1957.
1.c Original GATT Article XXIII.
1.d GATT Article XXIII, as amended on 7 October 1957.
2. Procedures relating to disputes under the GATT 1947
2.a Panel on Complaints (terms of reference and procedures).
2.b Decision of 24 October 1953, Waiver granted to the United Kingdom.
2.c Considerations Concerning Extended Use of Panels. Note by the Executive Secretary.
2.d Procedures under Article XXII on Questions Affecting the Interests of a Number of Contracting Parties. Procedures adopted on 10 November 1958.
2.e Procedures under Article XXIII. Decision of 5 April 1966.
2.f Understanding Regarding Notification, Consultation, Dispute Settlement and Surveillance, adopted on 28 November 1979.
2.g Decision on Dispute Settlement contained in the Ministerial Declaration, adopted on 29 November 1982.
2.h Dispute Settlement Procedures. Action taken on 30 November 1984.
2.i Derestriction of Future Panel Reports. Decision by the Council of 4 May 1988.
2.j Trade Negotiations Committee Meeting at Ministerial Level, Montreal, December 1988.
2.k Improvements to the GATT Dispute Settlement Rules and Procedures. Decision of 12 April 1989.
2.l Internal Working Procedures adopted by panels established under Article XXIII:2 of the General Agreement. Group of Negotiations on Goods (GATT), GATT Dispute Settlement System, Negotiating Group on Dispute Settlement, Note by the Secretariat, Revision.
2.m April 1989 Decision on Improvements to the GATT Dispute Settlement Rules and Procedures. Decision of 22 February 1994.
2.n Third Party Participation in Panels. Statement by the Chairman of the Council on 21 June 1994.
3. Tokyo Round plurilateral agreements – provisions and procedures
3.a 1973 Arrangement regarding International Trade in Textiles, relevant provisions.
3.b 1979 Agreement on Technical Barriers to Trade, relevant provisions.
3.c 1979 Agreement on Government Procurement, relevant provisions.
3.d 1979 Agreement on Interpretation and Application of Articles VI, XVI and XXIII of the General Agreement on Tariffs and Trade, relevant provisions.
3.e 1979 Arrangement regarding Bovine Meat, relevant provisions.
3.f 1979 International Dairy Arrangement, relevant provisions.
3.g 1979 Agreement on Implementation of Article VII of the General Agreement on Tariffs and Trade,
relevant provisions.
3.h 1979 Agreement on Import Licensing Procedures, relevant provisions.
3.i 1979 Agreement on Trade in Civil Aircraft, relevant provisions.
3.j 1979 Agreement on Implementation of Article VI of the General Agreement on Tariffs and Trade, relevant provisions.
4. Documents of interest
4.a Import Restrictions. Procedures for Dealing with New Import Restrictions Applied for Balance of Payments Reasons and Residual Import Restrictions. Approved on 16 November 1960.
4.b Restrictive Business Practices. Arrangements for Consultations. Decision of 18 November 1960.
4.c Dispute Settlement in International Economic Agreements. Factual Study by the Secretariat.
4.d Notification and Surveillance. Proposal by the Director-General. Document C/111 of 14 March 1980.
4.e Uniform Interpretation and Effective Application of the Agreement. Statement by the Chairman at the Meeting of 5 December 1984.
4.f Uniform Interpretation and Effective Application of the Agreement. Report by the Chairman.
4.g Non-violation Complaints under GATT Article XXIII:2. Note by the Secretariat for the Uruguay Round Negotiating Group on Dispute Settlement.
5. Historical documents of disputes
5.a Working Party 7 on the Cuban Schedule, membership and terms of reference.
5.b Working Party 7 on Brazilian Internal Taxes, membership and terms of reference.
5.c Working Party on Australian Subsidy on Ammonium Sulphate, terms of reference and composition. Summary Record of the Fifteenth Meeting of the CONTRACTING PARTIES held on 14 March 1950.
5.d Working Party on Brazilian Internal taxes, terms of reference and composition. Summary Record of the Sixth Meeting of the CONTRACTING PARTIES held on 6 November 1950.
5.e Working Party 8 on Netherlands Action under Article XXIII:2, membership and terms of reference.
5.f Panels for Conciliation and European Economic Community, Annex on Procedures, Summary Record of the Meetings of the Intersessional Committee held on 14 April – 2 May 1958..
5.g French Exports of Wheat and Flour, appointment of the Panel. Summary Record of the Eighth Meeting of the CONTRACTING PARTIES held on 23 October 1958.
5.h Turkey - EEC Customs Union, terms of reference and membership of the Working Party. Summary Record of the Eleventh Meeting of the CONTRACTING PARTIES held on 25 March 1965.
5.i Working Party on United States Tobacco Subsidy, membership and terms of reference.
5.j Greece – Preferential Tariff Quotas to the USSR, terms of reference and membership of the Working Party. Minutes of Council Meeting held on 15 July 1970.
5.k Canadian Import Quotas on Eggs, terms of reference and membership of the Working Party. Minutes of Council Meeting held on 25 September 1975.
5.l United States Suspension of Customs Liquidation regarding certain Japanese Consumer Electronic Products, terms of reference and membership of the Working Party. Minutes of Council Meeting held on 23 May 1977.