Dispute Resolution Case Study -- "WTO / DSU Decisions: Trade Relations & Global Dispute Resolution."
Presentation # 1 -- U.S. - China Trade Disputes in the WTO / DSU (2001-2011)
(Fall 2011)
| U.S. - China Trade Disputes in the DSU 2001 - 2011. | |||||
| Team # 1 |
|
China - U.S. (Tires) (DS 399) (Presentation) | |||
| Team # 2 |
|
China - U.S. (Steel Safeguards) (DS 252) (Presentation) | |||
| Team # 3 |
|
U.S. - China (Auto Parts) (DS 340) (Presentation) | |||
| Team # 4 |
|
U.S. - China (Enforcement of IPR) (DS 362) (Presentation) | |||
| Team # 5 |
|
U.S. - China (Entertainment Products) (DS 363) (Presentation) | |||
| Team # 6 |
|
China - EU (A/D on Fastners) (DS 397) (Presentation) | |||
| Team # 7 |
|
U.S. - China (Export of Raw Material) (DS394) (Presentation) | |||
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 10 years of history concerning trade issues between the two largest national economies and the most important bilateral trade relations we have.
Please include the following in your presentation:
- The history and context of the case.
- Very briefly describe all prior proceedings. Focus on the most recent proceeding as well as the business and political context of the case.
- The main WTO issue (in the most recent proceeding).
- 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 it.)
- Remember -- The basic issue is the consistency of the contested national act with WTO obligations. Are they consistent or are they inconsistent?
- The position of the main parties.
- The decision (recommendation) of the panel and / or the Appellate Body.
- What has happened concerning implementation and sanctions if any.
- Your proposal for resolving the trade issues or if it is already decided your observations concerning the dispute in the context of the global trading system.
- Please identify the various national and international interests involved.