Dispute Resolution Case Study
The establishment and development of the dispute system has been historical. The Dispute Resolution System has considered and decided a range of cases. They have often raised the issue of implementation and sanctions. The dispute resolution system has become a critical aspect of the WTO and global trade relations in the last ten years. This semester we will focus on U.S. - China trade litigation. We now have about 20 years of history concerning trade issues between the two largest national economies (and 25 years since the founding of the WTO). China - US trade is the most important bilateral trade relations we have and the most contentious.
Please include the following in your presentation:
- Very briefly describe all prior proceedings. Focus on the most recent proceeding (panel or AB). As well as the business and political context of the case.
- The main WTO issue (in the most recent proceeding).The position of the main parties. The decision (recommendation) of the panel and / or the Appellate Body.
- The contested issue of U.S. or foreign law or practice involved.
- The specific WTO agreement and specific provisions involved. (Name the agreement, identify the provisions and quote or paraphrase them.)
- Remember -- The basic issue is the consistency of the contested national act with WTO obligations. Are they consistent or are they inconsistent?
- What has happened concerning implementation and sanctions if any.
Each presentation should be about 20 minutes. Please leave a few minutes or so for Q & A. Copies need to be submitted electronically to me, prior to the presentation, so I can upload it to the website. Each presentation should have a maximum 15 slides. This is an interesting website by Simon Lester http://www.worldtradelaw.net/. Remember we have one-page summatries of each case for 1995-2020 recently released by the WTO.
