WTO Case Review 2018

88 Pages Posted: 16 Mar 2020

See all articles by Raj Bhala

Raj Bhala

University of Kansas - School of Law; Dentons U.S. LLP; Bloomberg Quint (India)

David A. Gantz

Univ. Of Arizona College of Law; Mexico Center, Baker Institute

Shannon Keating

Independent

Eric Witmer

Kansas Supreme Court

Cody Wood

Dentons U.S. LLP

Date Written: March 13, 2020

Abstract

This WTO Case Review is the 19th in our annual series on substantive international trade adjudications issued by the Appellate Body of the World Trade Organization. Each Review explains and comments on Appellate Body Reports adopted by the WTO Dispute Settlement Body (DSB) during the preceding calendar year (January 1st through December 31st), excluding decisions on compliance with recommendations contained in previously adopted reports.

In this year’s Review, we cover one case, Brazil – Certain Measures Concerning Taxation and Charges, which was issued in 2018, and normally might have been adopted at the December 18, 2018 DSB meeting, following its issuance on December 13th. Possibly, because of conflict over WTO dispute settlement reform, the DSB did not adopt it until January 11, 2019. The future of the multilateral dispute settlement system is in doubt. With uncertainty as to whether there will be future Appellate Body decisions to review in 2019 and beyond, we thought it best to include the Brazil Taxes case now.

Keywords: international trade, WTO, Appellate Body

Suggested Citation

Bhala, Raj and Gantz, David A. and Keating, Shannon and Witmer, Eric and Wood, Cody, WTO Case Review 2018 (March 13, 2020). 37 Arizona Journal of International and Comparative Law 49 (2020); Arizona Legal Studies Discussion Paper No. 20-08. Available at SSRN: https://ssrn.com/abstract=3554044

Raj Bhala

University of Kansas - School of Law ( email )

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Dentons U.S. LLP ( email )

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Bloomberg Quint (India) ( email )

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David A. Gantz (Contact Author)

Univ. Of Arizona College of Law ( email )

P.O. Box 210176
Rogers College of Law
Tucson, AZ 85721-0176
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520-490-3004 (Phone)

Mexico Center, Baker Institute ( email )

6100 Main Street, MS-40
Houston, TX 77005
United States
520-490-3004 (Phone)

Shannon Keating

Independent ( email )

Washington, DC
United States

Eric Witmer

Kansas Supreme Court ( email )

301 SW 10th Ave # 374
Topeka, KS 66612
United States

Cody Wood

Dentons U.S. LLP ( email )

4520 Main Street
Suite 1100
Kansas City, MO 64111-7700
United States

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