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#disputesettlement — Public Fediverse posts

Live and recent posts from across the Fediverse tagged #disputesettlement, aggregated by home.social.

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  1. 🆕 We explain why #DSA implementation of out-of-court #DisputeSettlement bodies should aim for consistency across the EU, and why more @EU_Commission guidance is needed.

    👇 Discover the 5️⃣ key ingredients to resolving #Contentoderation disputes.

    1/7 🧵 #DigitalServicesAct

  2. Thread concluded 5/5

    Also, for the 68th time, the US blocked a call from 130 members to appoint appeals judges and revive the Appellate Body.

    A decision to do so requires a consensus among the whole #WTO membership, meeting as the #DisputeSettlement Body

    More on appeals into the void here➡️ tradebetablog.wordpress.com/te

    More on appeal by arbitration here➡️ tradebetablog.wordpress.com/20

    The WTO website news story on other disputes and other issues in the meeting ➡️ wto.org/english/news_e/news23_

  3. Thread continued 2/5

    “Hypocrisy”—In yesterday’s meeting the US said “China’s decision to pursue its own dispute on the US Section 232 measures highlights its hypocrisy by both suing the United States in the WTO and at the same time unilaterally retaliating with tariffs”

    “Grave damage”—“China’s use of the #WTO #DisputeSettlement system to challenge the US Section 232 national security actions has caused grave systemic damage to the WTO,” the US said

    US statement ➡️ uploads.mwp.mprod.getusinfo.co

  4. Thread 1/5

    2 more #WTO legal disputes “appealed into the void”

    Without an Appellate Body, appeals can’t be heard & first-stage (panel) rulings aren’t adopted either➡️ void

    The docs are not out yet. The info was given in yesterday’s #DisputeSettlement Body meeting

    1. China’s appeal. This case was brought by the US about extra duty on some US products.

    China was retaliating (or “rebalancing”) against US charging extra duty on aluminium and steel imports

    DS558➡️ wto.org/english/tratop_e/dispu

  5. Canada’s complaint about China’s phytosanitary restrictions on Canadian canola seed has died a quiet death. The #WTO #DisputeSettlement panel’s authority lapsed today (Sep 1) a year after Canada asked it to suspend its deliberations.

    The case: wto.org/english/tratop_e/dispu

    Why? News reports from May 2022 say China lifted the restriction. Canada seems to have decided not to drop the case formally but to wait and see what happened until the panel’s authority lapsed

    cbc.ca/news/politics/china-can

  6. Indonesia is challenging the EU in #WTO #DisputeSettlement, over duty on biodiesel imports to "countervail" alleged subsidies.

    Indonesia queries the EU's assessments of subsidies and injury to EU producers, and says rejecting a price undertaking is discrimination because the EU had accepted one with Argentina.

    Details➡️ docs.wto.org/dol2fe/Pages/SS/d

    News➡️ wto.org/english/news_e/news23_

  7. Australia and China have told #WTO members they have settled their legal dispute over Chinese import duties charged on Australian barley to counter alleged dumping and subsidy.

    The case has been "settled out of court" (a "mutually agreed solution"), so the two sides don't have to provide any details, as often happens. We don't know who moved, and in what way (for now at least).

    The dispute: wto.org/english/tratop_e/dispu

    The announcement: docs.wto.org/dol2fe/Pages/SS/d

    #DisputeSettlement

  8. GEEK ALERT: Updated—the article on the new US paper, with some thoughts on its assertion that #DisputeSettlement has weakened members’ work in the #WTO on monitoring and discussing how the rules (agreements) are being implemented.

    It may be true for anti-dumping, safeguards and subsidies, but those subjects are the hunting-ground of lawyers and easily litigated

    But not for other #WTO subjects. Perhaps the answer lies in strengthening those three “remedies” committees

    tradebetablog.wordpress.com/20

  9. Our commitment to @wto is here to stay.

    We need to make progress on WTO reform and deliver substantive outcomes at the next ministerial.

    For more updates on our work at the World Trade Organisation, follow our colleagues in Geneva 👇
    RT @EUmissionWTO: The 🇪🇺 priorities are clear
    👉 Fully functioning #DisputeSettlement by 2024
    🐟 #FisheriesSubsidies completion and ratification
    🌍 Smooth transition for LDCs
    🌽 Food Security package
    📲 Engagement on the e-commerce work …

    🐦🔗: n.respublicae.eu/Trade_EU/stat

  10. 3/4 — Many members supported the talks, including the EU, US and China (with a nod to some reservations expressed about the process).

    India complained that the informal talks should not be reported to the forma #WTO #DisputeSettlement Body (today’s meeting was that), an argument that is frankly mystifying since formal committees regularly hear what happened in informal consultations.

    Several developing countries supported India, some saying they were struggling to attend all the meetings.

  11. 2/4 — The hope is to negotiate a text in the Autumn leading to a resolution by the next #WTO ministerial conference, February (2024).

    Molina said his talks were not a continuation of last year’s US talks. No information has emerged on what was discussed.

    The US is the main critic of how appeals are held in WTO #DisputeSettlement. In today’s meeting it blocked appointing appeals judges for the 64th time, so the #AppellateBody still cannot function.

  12. 1/4 — At long last #WTO members have started serious discussions on resolving the conflict over #DisputeSettlement

    The membership was briefed today (Mar 31) by Marco Molina, Guatemala’s deputy head of delegation, who has become the talks' coordinator in a personal capacity (as are all negotiations chairs, incidentally).

    He said informal talks open to all members began in February and aim to continue until the summer break, with an intensive timetable, exploring areas where members can agree.

  13. CW: 1/2 WTO legal dispute | First ruling in appeal by arbitration

    Also out today, an arbitration ruling in the #WTO #DisputeSettlement case on Colombia’s anti-dumping duties on frozen fries from 3 EU countries.

    The WTO Appellate Body cannot function, so Colombia used the multi-party interim appeal arbitration arrangement (#MPIA) instead.

    Legally, the MPIA ruling is mixed. Bottom line? Colombia’s measures violate WTO rules

    DS591 details—expand summary of findings at the end wto.org/english/tratop_e/dispu

  14. CW: WTO legal dispute | US loses another case based on a “national security” claim

    A #WTO #DisputeSettlement panel has ruled in favour of Hong Kong and against the US over an American requirement that products made in Hong Kong be labelled “made in China”.

    The panel acknowledged that tensions had been rising but fell short of “an emergency in international relations”.

    Full details of dispute DS597 are here (expand “summary of key findings” at the bottom of the page):

    wto.org/english/tratop_e/dispu

  15. CW: Two opposing views on the Biden administration’s approach to trade and defying the WTO/GATT

    1. Economics professor Paul Krugman: “I think the Biden administration is doing the right thing. The GATT is important, but not more important than protecting democracy and saving the planet.” ➡️ nytimes.com/2022/12/12/opinion

    2. Ex-WTO appeal judge Jim Bacchus: “Echoing Trump, Biden embraces international trade lawlessness.” ➡️ cato.org/blog/echoing-trump-bi

    #WTO #GATT #DisputeSettlement

  16. 1/2

    Yesterday, the US again prevented #WTO members from appointing appeals judges and unblocking the appeals stage in formal #DisputeSettlement.

    Blocking consensus for the 60th time, it told the membership more work is needed to understand everyone’s interests in the issue.

    Mexico, speaking for 127 members, said one member’s concern about how appeals work does not justify blocking the whole process.

    This was a meeting of the #DisputeSettlementBody, comprising the full WTO membership

    More …

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