DISTRIBUTIVE JUSTICE AND
WORLD TRADE LAW

What does justice demand in international trade regulation? And how far
does WTO law respond to those demands? Whether our focus is
developing countries, struggling industries, or environmental
protection, distributive conflict is a pervasive feature of international
economic law. Despite this, we lack an adequate theory of distributive
justice for this domain. Drawing on philosophical approaches to global
justice, this book advances a novel theory of justice in trade regulation,
and applies this to explain and critique the law of the WTO. Integrating
theoretical and doctrinal approaches, it demonstrates the potential for
political theory to illuminate and inform the progressive development of
WTO law, including rules on border measures, discrimination, trade
remedies, and domestic regulation. Written from an interdisciplinary
perspective, accessible to lawyers, philosophers, and political scientists,
the book will appeal both to theorists interested in building bridges from
theory to practice and to practitioners seeking new perspectives on
existing problems.
oisin suttle is a Lecturer at Queen’s University, Belfast, having
previously taught at the University of Sheffield and University College
London. He teaches political philosophy, public international law and
WTO law. He holds degrees in law (University College Dublin) and
international relations (University of Oxford), and a PhD on the philosophy of international economic law (University College London). His
research has been published in leading international journals, including
the European Journal of International Law, the Modern Law Review, and
the Journal of International Law and International Relations. He formerly
practiced commercial law and is qualified both in Ireland and in England
and Wales.

cambridge international trade and economic law
Series editors
Dr Lorand Bartels, University of Cambridge
Professor Thomas Cottier, University of Berne
Professor William Davey, University of Illinois
As the processes of regionalization and globalization have intensified,
there have been accompanying increases in the regulations of international trade and economic law at the levels of international, regional, and
national laws.
The subject matter of this series is international economic law. Its core
is the regulation of international trade, investment, and cognate areas
such as intellectual property and competition policy. The series publishes
books on related regulatory areas, in particular, human rights, labor,
environment and culture, as well as sustainable development. These
areas are vertically linked at the international, regional, and national
level, and the series extends to the implementation of these rules at
these different levels. The series also includes works on governance, dealing with the structure and operation of related international organizations
in the field of international economic law, and the way they interact with
other subjects of international and national law.
Books in the series
Distributive Justice and World Trade Law: A Political Theory of
International Trade Regulation
Oisin Suttle
Freedom of Transit and Access to Gas Pipeline Networks Under WTO Law
Vitalily Pogoretskyy
Reclaiming Development in the World Trading System
Yong-Shik Lee
Developing Countries and Preferential Services Trade
Charlotte Sieber-Gasser

WTO Dispute Settlement and the TRIPS Agreement: Applying Intellectual
Property Standards in a Trade Law Framework
Matthew Kennedy
Establishing Judicial Authority in International Economic Law
Edited by Joanna Jemielniak, Laura Nielsen, and Henrik Palmer Olsen
Trade, Investment, Innovation and Their Impact on Access to Medicines:
An Asian Perspective
Locknie Hsu
The Law, Economics and Politics of International Standardisation
Panagiotis Delimatsis


The WTO and International Investment Law: Converging Systems
Jürgen Kurtz
Export Restrictions on Critical Minerals and Metals: Testing the Adequacy
of WTO Disciplines
Ilaria Espa
Optimal Regulation and the Law of International Trade: The Interface
between Societal Values and WTO Law
Boris Rigod
The Social Foundations of World Trade: Norms, Community and
Constitution
Sungjoon Cho
Public Participation and Legitimacy in the WTO
Yves Bonzon
The Challenge of Safeguards in the WTO
Fernando Piérola
General Interests of Host States in International Investment Law
Edited by Giorgio Sacerdoti, Pia Acconci, Mara Valenti and Anna De Luca
The Law of Development Cooperation: A Comparative Analysis of the

World Bank, the EU and Germany
Philipp Dann
WTO Disciplines on Subsidies and Countervailing Measures: Balancing
Policy Space and Legal Constraints
Dominic Coppens
Domestic Judicial Review of Trade Remedies: Experiences of the Most
Active WTO Members
Müslüm Yilmaz
International Organizations in WTO Dispute Settlement: How Much
Institutional Sensitivity?
Marina Foltea
Public Services and International Trade Liberalization: Human Rights and
Gender Implications
Barnali Choudhury
The Law and Politics of WTO Waivers: Stability and Flexibility in Public
International Law
Isabel Feichtner
African Regional Trade Agreements as Legal Regimes
James Thuo Gathii
Liberalizing International Trade after Doha
David Gantz
Processes and Production Methods (PPMs) in WTO Law: Interfacing Trade
and Social Goals
Christiane R. Conrad


Non-Discrimination in International Trade in Services: “Likeness” in
WTO/GATS
Nicolas Diebold
The Law, Economics and Politics of Retaliation in WTO Dispute Settlement

Edited by Chad P. Bown and Joost Pauwelyn
The Multilateralization of International Investment Law
Stephan W. Schill
Trade Policy Flexibility and Enforcement in the WTO: A Law and
Economics Analysis
Simon A. B. Schropp


DISTRIBUTIVE JUSTICE
AND WORLD TRADE LAW
A Political Theory of International Trade Regulation

OISIN SUTTLE


University Printing House, Cambridge CB2 8BS, United Kingdom
One Liberty Plaza, 20th Floor, New York, NY 10006, USA
477 Williamstown Road, Port Melbourne, VIC 3207, Australia
4843/24, 2nd Floor, Ansari Road, Daryaganj, Delhi – 110002, India
79 Anson Road, #06–04/06, Singapore 079906
Cambridge University Press is part of the University of Cambridge.
It furthers the University’s mission by disseminating knowledge in the pursuit of
education, learning, and research at the highest international levels of excellence.
www.cambridge.org
Information on this title: www.cambridge.org/9781108415811
DOI: 10.1017/9781108235235
© Oisin Suttle 2018
This publication is in copyright. Subject to statutory exception
and to the provisions of relevant collective licensing agreements,
no reproduction of any part may take place without the written

permission of Cambridge University Press.
First published 2018
Printed in the United Kingdom by Clays, St Ives plc
A catalogue record for this publication is available from the British Library.
Library of Congress Cataloging-in-Publication Data
Names: Suttle, Oisin, 1980– author.
Title: Distributive justice and world trade law : a political theory of international
trade regulation / Oisin Suttle.
Description: Cambridge [UK] ; New York : Cambridge University Press, 2017. | Series:
Cambridge international trade and economic law ; 36 | Includes
bibliographical references and index.
Identifiers: LCCN 2017030746 | ISBN 9781108415811 (hardback)
Subjects: LCSH: Foreign trade regulation. | World Trade Organization. | Distributive
justice. | Foreign trade regulation – Political aspects. | Free trade.
Classification: LCC K3943 .S89 2017 | DDC 343.08/7–dc23
LC record available at />ISBN 978-1-108-41581-1 Hardback
Cambridge University Press has no responsibility for the persistence or accuracy of
URLs for external or third-party internet websites referred to in this publication
and does not guarantee that any content on such websites is, or will remain
accurate or appropriate.


CONTENTS

Preface
page xv
Table of Cases
xix
Table of Treaties, Instruments and Official
Documents

xxviii
List of Abbreviations
xxxi
PART I

Foundations

1 Introduction

1

3

1.1 Distributive Justice in International Trade

3

1.2 Why Trade Law Needs a Theory of
Justice . . .
6
1.3 . . . and Why It Doesn’t Have One
1.4 Overview

7

9

1.5 On the Merits and Challenges of
Interdisciplinarity
16

1.6 Equality in Global Commerce

19

1.6.1 Two Classes of Measure

19

1.6.2 Identifying Measures

22

1.6.3 Equality in Global Commerce

25

2 Why World Trade Law Needs a Theory of Justice

28

2.1 The Problem of Distributive Justice in International
Trade Regulation
28
2.2 Distributive Justice and Political Morality

vii

30



viii

co ntents

2.3 On the Scope of Justice: Domestic vs. International vs.
Global
32
2.4 What Trade Law Theory Is (and Is Not)
About
34
2.5 Existing Approaches to Distributive Justice in Trade
Regulation
37
2.5.1 Equality and a Global Difference
Principle
38
2.5.2 Social Liberalism and the Law of
Peoples
40
2.5.3 Human Rights and Realization-Focused
Comparison
42
2.5.4 Internalism and Interpretivism
2.5.5 Moral Positivism
2.5.6 Economic Efficiency

46
47

2.6 Structure and Methodology

2.6.1 Normative Theory

44

49
49

2.6.2 Explanation, Interpretation,
Evaluation
55
2.6.3 Critical Implications
2.7 Conclusion
PART I I

Justice

63

66
67

3 Towards a Political Theory of International Economic
Law
69
3.1 Introduction

69

3.2 Coercion, Nonvoluntary Institutions, and Distributive
Justice

72
3.2.1 Can Coercion Distinguish Domestic from
International?
75
3.2.2 Why Does Coercion Matter?

76


ix

c o n te n t s

3.3 Coercion and the Plurality of Global
Institutions
80
3.4 Direct Coercion, Indirect Coercion, and
Self-Determination
86
3.5 Exclusive Coercion, Inclusive Coercion, and the Fruits
of Social Cooperation
96
3.6 External Coercion and the Interpersonal
Test
103
3.7 From International Coercion to Equality in Global
Commerce
106
3.8 Conclusion


114

4 Sovereignty, Nationality, and the Limits of
Statism
116
4.1 Introduction

116

4.2 Sovereignty, Security, and Global Justice
4.2.1 Sovereignty and Security

119

120

4.2.2 Sovereignty and Coordination

122

4.3 Sovereignty and the Basic Structure

123

4.3.1 Why the Basic Structure?
4.3.2 The Impact Objection

124
127


4.3.3 The Participation Objection
4.3.4 The Agency Objection

131

4.4 National Priority and Global Justice
4.5 Further Statist Objections

141

4.5.1 The Metric Problem

142

4.5.2 The Dynamic Problem
4.6 Conclusion

149

129

146

134


x

contents


5 Self-Determination and External Trade
Measures
151
5.1 Introduction

151

5.2 Self-Determination in International Law
5.3 Intrinsic Arguments
5.4 Expressive Arguments
5.5 Instrumental Arguments

155

158
162
166

5.6 Integrating Self-Determination
Arguments
171
5.7 Conclusion

174

Law

175

PART I II


6 Border Measures, Discrimination, and ETMs
6.1 Introduction

177

177

6.2 What Are Trade Agreements For? Competing
Stories
178
6.2.1 Terms of Trade: Solving Prisoners’
Dilemmas
179
6.2.2 Protectionism: Restraining
Irrationality
182
6.2.3 EGC: Expressing Justice

185

6.3 The Problem of Discrimination

188

6.3.1 The Ambiguity of Discrimination
6.3.2 Three Approaches to Likeness
6.3.3 The Contradictions of PT and TTT

190

191
194

6.3.4 Reconstructing Nondiscrimination through
EGC
199
6.3.5 Discrimination and Technical
Regulations
202
6.4 Conclusion

203


xi

c o n te n t s

7 Justifying ETMs: Development Provisions and General
Exceptions
205
7.1 Introduction

205

7.2 Development Provisions

206

7.2.1 Explaining the Development Provisions through

PT and TTT
209
7.2.2 EGC and the Development
Provisions
213
7.2.3 EGC and the AB’s Approach to the
Development Provisions
219
7.3 General Exceptions

223

7.3.1 Explaining Article XX through PT and
TTT
225
7.3.2 EGC and the General Exceptions

227

7.3.3 EGC in the Article XX
Jurisprudence
232
7.4 Conclusion

240

8 Trade Remedies and Fairness in International Trade
Regulation
241
8.1 Introduction


241

8.2 Economic Approaches to Trade
Remedies
244
8.2.1 Subsidies
8.2.2 Safeguards
8.2.3 Dumping

244
247
250

8.3 Fairness, EGC, and Trade Remedies
8.3.1 Competitive Fairness
8.3.2 Subsidies

255

253

253


xii

c o n te n ts

8.3.3 Safeguards


263

8.3.4 Dumping

268

8.4 EGC and Interpretation of Trade Remedies
Rules
273
8.4.1 Subsidies and Benefit

273

8.4.2 Safeguards, Foreseeability, and
Causation
277
8.4.3 Dumping and Zeroing
8.5 Conclusion

280

283

9 Domestic Regulation, Self-Determination, and
DEMs
284
9.1 Introduction

284


9.2 Explaining the Domestic Regulation
Agreements
287
9.2.1 Domestic Approaches

287

9.2.2 Global Approaches

292

9.2.3 Equality in Global Commerce

294

9.2.4 Adjudicating the Approaches

298

9.3 TBT and Legitimate Objectives
9.4 SPS and the Authority of Science
9.5 International Standards
9.6 Conclusion
PART I V

Progress

298
305


314

319
321

10 Conclusion: Where to from Here?

323

10.1 Where Do We Go from Here? From Deadlock to
Variable Geometry
323
10.2 Where Do I Go from Here? Extending the
Argument
332


contents

10.3 Where Do You Go from Here? On the Value of
Interdisciplinarity
334
Bibliography
Index
377

336

xiii




PREFACE

It is a strange time to be thinking about justice and fairness in the rulegoverned global economy.
I first became conscious of global politics in the 1990s, during that
optimistic post-Cold War, pre-9/11, liberal internationalist moment that
we were told was to be history’s end state. That moment produced the
WTO, but also the International Criminal Court, the Maastricht Treaty,
the Millennium Development Goals, and a general sense that nations and
nationalism were becoming a bit passé. When I began thinking seriously
about international economic governance in the mid-2000s, the main
criticisms of the trade system came from environmentalists, human
rights activists, and advocates for the Global South. Nobody imagined
that the trade regime was perfect: the debacle in Seattle made that clear.
But the biggest challenge was that the trade rules were insufficiently
cosmopolitan, preferring the interests of rich countries and industries
over the globally most vulnerable.
Those days are over. In the months when I was finishing this book, two
votes happened that made that eminently clear: the UK referendum on
leaving the European Union; and Donald Trump’s election as president
of the United States. Whatever else these two votes mean, they signal
a reassertion of economic nationalism in two countries that, over two
centuries, have done most to advance an open international economic
order. The political sentiments they express are a reminder of something
that liberal economists know well, but often neglect to mention: that
while trade may benefit countries as a whole, its costs and benefits are
unevenly spread. They represent a demand, on the part of those who see
themselves as losing out from globalization, to have their pain recognized

and their interests accommodated, even if this means shifting that pain
onto someone else. They are, in consequence, a rejection of many economic shibboleths on which the postwar – and especially the post-Cold
War – liberal economic order was built. And in both the United Kingdom
and the United States, they have brought to power governments
xv


xvi

pr eface

unashamedly committed to advancing their national interests, above all,
in international economic governance.
However, they are more than that. This is not just a reassertion of the
interests of particular groups. Rather, in the rhetoric of “Take Back
Control” and “Make America Great Again,” there is a substantial normative component. There is a sense that aggrieved groups have been
sacrificed unfairly, whether for the benefit of domestic elites, immigrants,
or foreign economies. The antiglobalization rhetoric is one of fairness,
and of sovereign rights, rather than purely of self-interest. It is not just
that foreign manufacturers, or immigrants, or liberal elites, are doing
well, but that they are cheating, or taking advantage, or otherwise getting
more than they should. These are political rallying calls, but they are also
something more. They are claims of political morality. And as claims of
political morality, we can and should look for ways to evaluate them.
This book is an attempt to answer some of the fundamental questions
that these kinds of claims raise. What exactly does it mean to say that
international trade regulation is unfair, or unjust? In a world of independent states, where is the line between those things a state can permissibly
do, even if this has effects on outsiders, and those that constitute wrongs
to those outsiders? How should states reconcile the claims of their own
citizens, including especially those least well-off, with the demands of

outsiders with whom they do, or might, economically interact? And how
far does the existing trade regime correctly answer these questions? For
too long, the liberal international economic order assumed it was legitimized by an economic theory that showed international trade was in
everyone’s interests. As that assumption is challenged, it becomes more
urgent directly to address the questions of distributive conflict and
distributive justice that it obscured. It is precisely when liberal internationalism is going out of fashion that we must look again at the arguments that might support it.
I have not sought to engage directly with these recent political developments. This is not that kind of book. It may, in consequence, seem
a little old-fashioned, a throwback to the optimistic days of the 1990s, or
even the 1960s. However, it is motivated by a set of ideas that remain
central to political discourse across many countries: that persons are free
and equal; that the exercise of power requires to be justified to those over
whom it is exercised; that peoples have rights to equality and selfdetermination. These are the ideals of the United States Declaration of
Independence; of the Universal Declaration of Human Rights and the
two International Covenants; and of the liberal tradition that, in


p r ef a c e

xvii

European and American thought, runs from Hobbes and Locke through
Kant and Mill to constitute the dominant position in contemporary
political thought. While today we may find these ideas invoked to
motivate policies quite contrary to those with which they were formerly
associated, they remain the firmest ground from which to build a shared
political morality. Their meaning may not be fixed and eternal, but it also
does not change with each shift in the political winds. We can thus
examine what taking them seriously in the context of international
economic governance would mean, without worrying overly whether
our conclusions fit the political fashions of the moment. These liberal

ideas will, I am confident, outlive our present reactionary moment. I hope
this book might also.
Writing this book has been a journey. I have incurred many debts along
the way.
My first and greatest academic debts are to Professor John Tasioulas and
Professor Fiona Smith, who supervised my PhD at University College
London, on which this book is based. The hours they spent reading and
discussing drafts, and pressing me to clarify and strengthen my arguments,
were crucial in turning a vague concern with global economic governance
into the work here presented. I came to this project with training in law and
political science, but relatively little experience of either philosophy or
international trade law. I benefited enormously from having experts in
both to guide me as I took my first steps as a scholar at this interdisciplinary
boundary. I also benefited greatly from comments of my PhD examiners,
Professors John Linarelli and Joanne Scott.
I first became interested in problems of fairness in global governance
while completing a master’s degree in international relations at the
University of Oxford. My supervisor there, Professor Kalypso
Nicolaidis, encouraged my research interests in economic governance
and the trade regime, and has been a continuing source of encouragement ever since. I am also grateful to Professor Jennifer Welsh, who first
introduced me to international political theory; many of the questions
I try to answer in this book are ones I first asked in her seminars.
During the years of their gestation, the ideas herein benefited from
conversations with colleagues too numerous to name. The Faculty of
Laws at UCL, and particularly the community of graduate students
working there, provided the perfect environment in which to develop
my ideas; it took leaving to realize how unique that community was.
The Political Philosophy Working Group at UCL provided a valuable



xviii

preface

source of interdisciplinary conversations. After leaving UCL, colleagues
at the University of Sheffield provided a frequent sounding board as
I continued to develop my views.
I received valuable comments from participants at various conferences
and workshops where I presented parts of the argument, including:
Northeastern University Workshop in Applied Philosophy,
September 2012; American Society for International Law International
Economic Law Interest Group Biennial Meeting, George Washington
University, December 2012; Brave New World, University of Manchester
Department of Political Theory, June 2013; British Institute of
International and Comparative Law Annual Conference on WTO Law,
May 2014; University College Dublin Workshop on WTO Law,
May 2014; Junior Faculty Forum for International Law, European
University Institute, June 2015.
Two papers presenting parts of my argument have been previously
published. A shorter version of parts of Chapter 3 appeared as “Equality
in Global Commerce: Towards a Political Theory of International
Economic Law” (2014) European Journal of International Law 25(4)
1043–1070. Parts of Chapters 5 and 7 are included in abridged form in
“What Sorts of Things Are Public Morals? A Liberal Cosmopolitan
Account of Article XX GATT” (2017) Modern Law Review 80(4)
569–599. I am grateful to reviewers and editors of both journals for
their comments, which improved those papers, but also informed other
sections of this book. An EJIL:Live! interview with Professor Joseph
Weiler discussing the first of these papers was another valuable source
of feedback.

Financial support was provided by a UCL Faculty of Laws Research
Scholarship. Revisions to the manuscript were completed during
research leave from the University of Sheffield School of Law.
University College Dublin School of Law kindly hosted me while I was
finalizing the manuscript.
Finally, I am grateful to friends and family for support and encouragement. I owe particular thanks to my wife Maeve Bateman: for encouraging me to take the leap in beginning this project; for patiently enduring
countless evenings and weekends when writing took precedence over all
else; for keeping smiling and keeping me smiling through the crises of
confidence that will be familiar to anyone who has undertaken a major
piece of writing; and for constantly reminding me that there are more
important things in life than getting that last footnote just right.


TABLE OF CASES

GATT Dispute Settlement Reports
Short Title

Full Citation

Belgium – Family
Allowances

Belgian Family Allowances (Allocations Familiales), G/
32, circulated November 6, 1952, adopted November
7, 1952, BISD 1S/59
EEC Member States’ Import Regime for Bananas, DS32/
R, circulated June 3, 1993, unadopted
EEC – Import Regime for Bananas, DS38/R, circulated
February 1994, unadopted

EEC Restrictions on Imports of Apples from Chile, L/
5047, circulated October 31, 1980, adopted
November 10, 1980, BISD 27S/98
European Economic Community – Restrictions on
Imports of Dessert Apples – Complaint by Chile, L/
6491, circulated April 18, 1989, adopted June 22,
1989, BISD 36S/93
European Communities – Refunds on Exports of Sugar –
Complaint by Brazil, L/5011, circulated October 7,
1980, adopted November 10, 1980, BISD 27S/69
Japan – Customs Duties, Taxes and Labelling Practices
on Imported Wines and Alcoholic Beverages, L/6216,
circulated October 13, 1987, adopted November 10,
1987, BISD 34S/83
Norway – Restrictions on Imports of Certain Textile
Products, L/4959, circulated March 24, 1980, adopted
June 18, 1980, BISD 27S/119

EEC – Bananas I
EEC – Bananas II
EEC – Apples I (Chile)
EEC – Dessert Apples
(Chile)

EEC – Sugar (Brazil)
Japan – Alcohol I

Norway – Textiles

xix



xx

tab l e of c ases

Short Title

Full Citation

Spain – Unroasted
Coffee

Spain – Tariff Treatment of Unroasted Coffee, L/5135,
circulated April 27, 1981, adopted June 11, 1981,
BISD 28S/102
United States – Taxes on Automobiles, DS31/R,
circulated October 11, 1994, unadopted
United States – Measures Affecting Alcoholic and Malt
Beverages, DS23/R, circulated March 16, 1992,
adopted June 19, 1992, BISD 39S/206
United States Section 337 of the Tariff Act of 1930, L/
6439, circulated January 16, 1989, adopted November
7, 1989, BISD 36S/345
United States – Restrictions on Imports of Tuna, DS21/R,
circulated September 3, 1991, unadopted, BISD
39S/155
United States – Restrictions on Imports of Tuna, DS29/R,
circulated June 16, 1994, unadopted


US – Autos
US – Malt Beverages
US – Section 337
US – Tuna (Mexico)
US – Tuna (EEC)

WTO Dispute Settlement Reports
Short Title

Full Citation

Argentina –
Footwear (EC)

DS121 Argentina – Safeguard Measures on Imports of
Footwear
Panel Report June 25, 1999, WT/DS121/R
Appellate Body Report December 14, 1999, WT/DS121/
AB/R
DS155 Argentina – Measures Affecting the Export of
Bovine Hides and Import of Finished Leather
Panel Report December 19, 2000, WT/DS155/R
DS238 Argentina – Definitive Safeguard Measure on
Imports of Preserved Peaches
Panel Report February14, 2003, WT/DS238/R
DS18 Australia – Measures Affecting Importation of
Salmon

Argentina – Hides and
Leather

Argentina – Preserved
Peaches
Australia – Salmon


t a b l e of ca s e s
Short Title

Brazil – Aircraft
Brazil – Tyres

Canada – Aircraft
Canada – FIT

Canada – Periodicals
Canada –
Pharmaceutical
Products
Chile – Alcoholic
Beverages
China – Audiovisual

China – Rare Earths

China – Raw Materials

xxi

Full Citation
Appellate Body Report October 20, 1998, WT/DS18/

AB/R
Article 21.5 Panel Report February 18, 2000, WT/
DS18/RW
DS46 Brazil – Export Financing Programme for Aircraft
Panel Report April 14, 1999, WT/DS46/R
DS332 Brazil – Measures Affecting Imports of Retreaded
Tyres
Panel Report June 12, 2007, WT/DS332/R
Appellate Body Report December 3, 2007, WT/DS332/
AB/R
DS70 Canada – Measures Affecting the Export of
Civilian Aircraft
Appellate Body Report August 2, 1999, WT/DS70/AB/R
DS426 Canada – Measures relating to the Feed-in Tariff
Program
Panel Report December 19, 2012, WT/DS426/R
Appellate Body Report May 6, 2013, WT/DS426/AB/R
DS31 Canada – Certain Measures concerning Periodicals
Appellate Body Report June 30, 1997, WT/DS31/AB/R
DS114 Canada – Patent Protection of
Pharmaceutical Products
Panel Report, March 17, 2000, WT/DS114/R
DS87 Chile – Taxes on Alcoholic Beverages Appellate
Body Report December 13, 1999, WT/DS87/AB/R
DS363 China – Measures Affecting Trading Rights and
Distribution Services for Certain Publications and
Audiovisual Entertainment Products
Panel Report August 12, 2009, WT/DS363/R
Appellate Body Report December 21, 2009, WT/DS363/
AB/R

DS431 China – Measures Related to the Exportation of
Rare Earths, Tungsten and Molybdenum
Panel Report March 26, 2014, WT/DS431/R
Appellate Body Report August 7, 2014, WT/DS431/
AB/R
DS394 China – Measures Related to the Exportation of
Various Raw Materials


xxii
Short Title

Dominican Republic –
Cigarettes

EC – Aircraft

EC – Asbestos

EC – Fasteners

EC – Hormones

EC – Sardines

EC – Seal Products

EC – Tariff Preferences

India – Quantitative

Restrictions

t a b l e o f ca s e s
Full Citation
Panel Report July 5, 2011, WT/DS394/R
Appellate Body Report January 30, 2012, WT/DS394/
AB/R
DS302 Dominican Republic – Measures Affecting the
Importation and Internal Sale of Cigarettes
Appellate Body Report April 25, 2005, WT/DS302/
AB/R
DS316 – European Communities – Measures Affecting
Trade in Large Civil Aircraft
Panel Report June 30, 2010, WT/DS302/R
Appellate Body Report May 18, 2011, WT/DS316/AB/R
DS135 European Communities – Measures Affecting
Asbestos and Products Containing Asbestos
Appellate Body Report March 12, 2001, WT/DS135/
AB/R
DS397 European Communities – Definitive AntiDumping Measures on Certain Iron or Steel Fasteners
from China
Appellate Body Report July 15, 2011, WT/DS397/AB/R
DS26 European Communities – Measures Concerning
Meat and Meat Products (Hormones)
Appellate Body Report January 16, 1998, WT/DS26/
AB/R
DS231 European Communities – Trade Description of
Sardines
Panel Report May 29, 2002, WT/DS231/R
Appellate Body Report October 23, 2002, WT/DS231/

AB/R
DS400 European Communities – Measures Prohibiting
the Importation and Marketing of Seal Products
Panel Report November 25, 2013, WT/DS400/R
Appellate Body Report May 22, 2014, WT/DS400/AB/R
DS246 European Communities – Conditions for the
Granting of Tariff Preferences to Developing Countries
Panel Report December 1, 2003, WT/DS246/R
Appellate Body Report April 7, 2004, WT/DS246/AB/R
DS90 India – Quantitative Restrictions on Imports of
Agricultural, Textile and Industrial Products


ta ble of c ases
Short Title

India – Solar Cells

Japan – Alcohol II
Japan – Apples

Japan – Varietals
Korea – Alcoholic
Beverages
Korea – Beef

Korea – Commercial
Vessels
Korea – Dairy


Mexico – Olive Oil
Mexico – Soft Drinks

xxiii

Full Citation
Panel Report April 6, 1999, WT/DS90/R
Appellate Body Report August 23, 1999, WT/DS90/
AB/R
DS456 India – Certain Measures Relating to Solar Cells
and Solar Modules
Appellate Body Report September 16, 2016, WT/
DS456/AB/R
DS8 Japan – Taxes on Alcoholic Beverages
Panel Report July 11, 1996, WT/DS8/R
Appellate Body Report October 4, 1996, WT/DS8/AB/R
DS245 Japan – Measures Affecting the Importation of
Apples
Panel Report July 15, 2003, WT/DS245/R
Appellate Body report November 26, 2003, WT/DS245/
AB/R
DS76 Japan – Measures Affecting Agricultural Products
Appellate Body Report February 22, 1999, WT/DS76/
AB/R
DS75 Korea – Taxes on Alcoholic Beverages
Appellate Body Report January 18, 1999, WT/DS75/
AB/R
DS161 Korea – Measures Affecting Imports of Fresh,
Chilled and Frozen Beef
Appellate Body Report December 11, 2000, WT/DS161/

AB/R
DS273 Korea – Measures Affecting Trade in Commercial
Vessels
Panel Report March 7, 2005, WT/DS273/R
DS98 Korea – Definitive Safeguard Measure on Imports
of Certain Dairy Products
Appellate Body Report December 14, 1999, WT/DS98/
AB/R
DS341 Mexico – Definitive Countervailing Measures on
Olive Oil from the European Communities
Panel Report September 4, 2008, WT/DS341/R
DS308 Mexico – Tax Measures on Soft Drinks and Other
Beverages