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Essay / WTO Dispute Settlement Understanding: Case Studies
WTO Dispute Settlement Understanding: Case StudiesThe World Trade Organization has implemented the Memorandum Agreement on Dispute Settlement (DSU) as a means for member countries to resolve their trade disputes in an orderly manner. The process involves an allegedly injured country (complainant) filing a request for consultations with the allegedly injured party (respondent). If consultations do not produce a mutually acceptable outcome, the complainant may request a panel to hear the matter and make recommendations in accordance with other WTO GATT agreements. If either party contests the result, it can appeal to the Appellate Body (AB), which can uphold or overturn the panel's decision. Compliance with the recommendations is not mandatory, but if a country does not comply, the other party can request and impose sanctions on the other party if they are granted (Trebilock, Howe, & Eliason, 2013). Below are summaries of three cases presented before the Dispute Settlement Body. Japan — Measures Affecting the Importation of Apples On March 1, 2002, the United States requested consultations with Japan regarding its sanitary and phytosanitary (SPS) regulations. The problem was Japan's policy of restricting the importation of apples from the United States to prevent fire blight bacteria. Since 1994, Japan has required a triannual inspection of American apple orchards for the presence of fire blight and banned the importation of any orchard showing signs of the disease within 500 meters of the orchard. This further required disinfection of the harvested apples with chlorine. The United States argued that the Japanese measures appeared inconsistent with Japan's obligations under Article XI of the GATT 1994, Articles 2.2, 2.3, 5.1, 5.2, 5.3, 5. paper ......pan - Measures Affecting the Importation of Apples - Report of the Panel. Retrieved from World Trade Organization: https://docs.wto.org/dol2fe/Pages/FE_Search/FE_S_S009-DP.aspx?langue=E&CatalogueIdList=14714&CurrentCatalogueIdIndex=0&FullTextSearch=Summary. (February 24, 2010). Summary of the dispute to date. Retrieved from World Trade Organization: http://www.wto.org/english/tratop_e/dispu_e/cases_e/ds245_e.htmTrebilock, M., Howe, R. and Eliason, A. (2013). Regulation of international trade. New York, New York: Routledge.WT/DS243/8. (2003, July 21). United States - Rules of Origin for Textiles and Clothing - Panel Report - Action by the Dispute Settlement Body. Retrieved from World Trade Organization: https://docs.wto.org/dol2fe/Pages/FE_Search/FE_S_S006.aspx?Query=(@Symbol=%20wt/ds243/*)&Language=ENGLISH&Context=FomerScriptedSearch&lingualUIChanged=true#