What is the Measure at Issue?

CHALLENGES AND PROSPECTS FOR THE WTO, Andrew Mitchell, ed., Cameron May Ltd, 2005

U of Melbourne Legal Studies Research Paper No. 167

53 Pages Posted: 21 Sep 2006

See all articles by Tania Voon

Tania Voon

University of Melbourne - Law School

Alan Yanovich

World Trade Organization (WTO)

Abstract

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

Voon, Tania and Yanovich, Alan, What is the Measure at Issue?. CHALLENGES AND PROSPECTS FOR THE WTO, Andrew Mitchell, ed., Cameron May Ltd, 2005; U of Melbourne Legal Studies Research Paper No. 167. Available at SSRN: https://ssrn.com/abstract=931317

Tania Voon (Contact Author)

University of Melbourne - Law School ( email )

University Square
185 Pelham Street, Carlton
Victoria, Victoria 3010
Australia

Alan Yanovich

World Trade Organization (WTO) ( email )

154 Rue de Lausanne
CH-1211 Geneva 21
Switzerland

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