Details
| Original language | English |
|---|---|
| Pages (from-to) | 232-248 |
| Number of pages | 17 |
| Journal | World trade review |
| Volume | 19 |
| Issue number | 2 |
| Publication status | Published - 1 Apr 2020 |
Abstract
The Appellate Body report in EU-PET (Pakistan) raises distinct questions regarding the need for findings in relation to expired measures, the conditions under which duty drawback schemes may constitute subsidies and the causation methodology to apply under the SCM Agreement. We conclude that the report offers no clear guidance on whether the function and design of WTO dispute settlement require or preclude findings in case of expired measures. We welcome the Appellate Body's conclusion that, in case of duty drawback schemes, the financial contribution element of the subsidy is limited to the excess remission or drawback of import charges. Finally, although the Appellate Body rightly found that authorities are free to choose the methodology for the causation analysis provided that the analysis is complete and objective, the methodology used by the investigating authority in this case shows a number of deficiencies that were not recognized by the Appellate Body.
ASJC Scopus subject areas
- Economics, Econometrics and Finance(all)
- Economics and Econometrics
- Social Sciences(all)
- Political Science and International Relations
- Social Sciences(all)
- Law
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In: World trade review, Vol. 19, No. 2, 01.04.2020, p. 232-248.
Research output: Contribution to journal › Article › Research › peer review
}
TY - JOUR
T1 - Expired Measures, Excess Duty Drawbacks and Causation
T2 - The Appellate Body Report in EU-PET (Pakistan)
AU - Gnutzmann-Mkrtchyan, Arevik
AU - Van Damme, Isabelle
PY - 2020/4/1
Y1 - 2020/4/1
N2 - The Appellate Body report in EU-PET (Pakistan) raises distinct questions regarding the need for findings in relation to expired measures, the conditions under which duty drawback schemes may constitute subsidies and the causation methodology to apply under the SCM Agreement. We conclude that the report offers no clear guidance on whether the function and design of WTO dispute settlement require or preclude findings in case of expired measures. We welcome the Appellate Body's conclusion that, in case of duty drawback schemes, the financial contribution element of the subsidy is limited to the excess remission or drawback of import charges. Finally, although the Appellate Body rightly found that authorities are free to choose the methodology for the causation analysis provided that the analysis is complete and objective, the methodology used by the investigating authority in this case shows a number of deficiencies that were not recognized by the Appellate Body.
AB - The Appellate Body report in EU-PET (Pakistan) raises distinct questions regarding the need for findings in relation to expired measures, the conditions under which duty drawback schemes may constitute subsidies and the causation methodology to apply under the SCM Agreement. We conclude that the report offers no clear guidance on whether the function and design of WTO dispute settlement require or preclude findings in case of expired measures. We welcome the Appellate Body's conclusion that, in case of duty drawback schemes, the financial contribution element of the subsidy is limited to the excess remission or drawback of import charges. Finally, although the Appellate Body rightly found that authorities are free to choose the methodology for the causation analysis provided that the analysis is complete and objective, the methodology used by the investigating authority in this case shows a number of deficiencies that were not recognized by the Appellate Body.
UR - http://www.scopus.com/inward/record.url?scp=85084558449&partnerID=8YFLogxK
U2 - 10.1017/S1474745620000087
DO - 10.1017/S1474745620000087
M3 - Article
AN - SCOPUS:85084558449
VL - 19
SP - 232
EP - 248
JO - World trade review
JF - World trade review
SN - 1474-7456
IS - 2
ER -