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NEW. The WTO Appellate Body (still gasping its last breaths) has released its appeal report in a case brought by Ukraine against Russia on conformity assessments for railway equipment (DS499)

It's complicated. Some points upheld, others rejected

1/3
 wto.org/english/tratop…
Bottom line: Russia is violating the Technical Barriers to Trade Agreement (TBT), but in ways and for reasons that are not entirely the same as in the original panel report

It now has to correct what it is doing wrong in a "reasonable period of time"

2/3
 wto.org/english/docs_e…
The case is based on Article 5 of the Technical Barriers to Trade Agreement, which includes non-discrimination in conformity assessments and a host of other requirements.

It really is complicated

3/3
 wto.org/english/docs_e… Screenshot of the opening provisions of Art 5 of the TBT agreement
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Peter Ungphakorn
@CoppetainPU
"This seems to indicate that the US is willing to forgo appeals 'into the void' and also suggests some degree of openness on the part of the US towards Article 25 as an alternative appeal process."

Doc circulated today in dispute DS488, post-ruling, implementation stage

1/3
DS488 is "United States—Anti-Dumping Measures on Certain Oil Country Tubular Goods from Korea" (wonderful title!)

The US lost the case. S.Korea wants to be allowed to retaliate; the US wants arbitration on whether it is now complying

2/3
wto.org/english/tratop…
Today's document: docs.wto.org/dol2fe/Pages/S…

@snlester spotted paragraphs 4 & 5, leading to his comment about not appealing "into the void".

(A well-known problem of the badly drafted rules: unclear sequence—compliance arbitration (Art21.5), authorising retaliation (Art22.6))

3/3 Screenshot of part of the document, including paragraphs 1-5
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Peter Ungphakorn
@CoppetainPU
NEW WTO DISPUTE

Japan has filed a complaint with the WTO about alleged S.Korean shipbuilding subsidies. The complaint focuses on restructuring finance for Daewoo Shipbuilding & Marine Engineering, and some others.

The full 17-page complaint is here: docs.wto.org/dol2fe/Pages/S…

1/3
This is dispute case DS594. All information on this case will be compiled here: wto.org/english/tratop…

A “request for consultations” is the first stage in a dispute. After about two months, if still unresolved, it can move on to the stage when a panel hears the case

2/3
This is the 2nd similar dispute filed by Japan against S.Korea.

The first, DS571, from Nov 2018, went quiet within two months, without a dispute panel being appointed wto.org/english/tratop…

Japan has not explained the switch, but the new complaint is longer, more details.

3/3
Read 3 tweets
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Peter Ungphakorn
@CoppetainPU
A number of people have questioned this 👇🏽

The argument goes: Since a pro-Brexit view is the UK can fare just as well under WTO rules as it can as an EU member, it’s valid to compare the two.

But trying to understand the two through the lens of Brexit is misleading.

Why?

1/11
1. It *is* valid to compare the *impacts* of operating under WTO rules *alone*, with the *impact* of EU membership or any other UK-EU relationship.

But it is misleading to compare the two as organisations.

2/11

ukandeu.ac.uk/brexit-the-lon…
Since the UK, EU and EU member states are all WTO members, WTO rules *always* apply to all of them, non matter what the UK-EU relationship is, or even if there is no trade relationship.

Any UK-EU relationship is built on top of WTO rules.

3/11

tradebetablog.wordpress.com/2019/06/17/wto…
Read 11 tweets

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