What is the Measure at Issue?
CHALLENGES AND PROSPECTS FOR THE WTO, Andrew Mitchell, ed., Cameron May Ltd, 2005
53 Pages Posted: 21 Sep 2006
This chapter examines the nature of 'measures' challenged in the WTO dispute settlement system. Broadly speaking, any act or omission attributable to a WTO Member may be challenged before a WTO panel and the Appellate Body. However, the success of the challenge may depend on whether the measure is challenged as such or as applied in a particular instance, whether the measure is mandatory or discretionary, and, of course, the provisions of the specific WTO agreement under which the challenge is brought. Members have challenged a wide range of measures in past disputes, sometimes involving non-government entities, and often but not always embodied in a formal legal instrument such as legislation or regulations. In many cases, the precise definition of the measure at issue is at once extremely difficult and extremely important - this definition will establish the scope of the dispute and the obligations of the responding Member in the event that the measure is found inconsistent with WTO obligations.
Keywords: WTO, measure, Appellate, obligation
JEL Classification: K33, K0
Suggested Citation: Suggested Citation