1. Jorge Castro Kaliningrad, March 2014
International WTO Forum Litigation strategies in WTO Dispute Settlement
Jorge Castro
Kaliningrad, March 2014

2. Some differences: GATT vs WTO
No consensus needed at the DSB to approve DS reports
Appellate Review

3. Some differences: GATT vs WTO Longer reports High number of references
Legal language

4. WTO Standard Panel’s function – Objective assessment of the matter:
Objective assessment of the facts
Applicability of the agreements
Conformity of the measure with the agreements

5. WTO Standard
Initial burden is on the complainant, to establish a prima facie case of inconsistency
If successful, the burden shifts to the defendant

6. In practice, frequently
The complainant claims that a measure is inconsistent with some provision
The defendant tries to show that there is no inconsistency and/or that there is a valid defence

7. In practice, frequently
Preliminary rulings on panel jurisdiction
The complainant claims that a measure is inconsistent with some provision
The defendant tries to show that there is no inconsistency and/or that there is a valid defence

8. Dominican Republic – Cigarettes (DS302)
Honduras claimed that a stamp requirement was inconsistent with Article III:4 of the GATT
Dom Republic tried to show that there was no inconsistency with Article III:4 and/or that the measure was justified by Article XX(d)

9. Japan – Laver (DS323)
Korea claimed that Japan’s quotas on laver were inconsistent with Article XI:1 of the GATT
Japan tried to show that there was no inconsistency with Article XI:1 and/or that the measure was justified by Article XI:2(c)

10. Russia’s participation in WTO dispute settlement
Respondent: Russian – Recycling fees on motor vehicles
Complainant: EU – Cost adjustment methodologies and AD measures
Third party: 10 disputes
EC – Seal Products
China – Rare Earths
US – Countervailing Measures (China)
US – CVD and AD Measures (China)
China – HP SSST (AD Duties on High-Performance Stainless Steel Tubes)
EC - Herring

11. Большое спасибо!
Thank you very much!