Dispute Settlement Under WTO Instruments Applicable to Goods, Services, and Intellectual Property

June 23, 2014

To match analysis CHINA-IPO/This annotation presents practical application of cases decided under the multilateral trade agreements annexed to the Marrakesh Agreement Establishing the World Trade Organization, Annex 2, 1869 U.N.T.S. 401; 33 I.L.M. 1226 (1994) (“Marrakesh Agreement” or “WTO Agreement”), including substantive aspects of trading in goods, services, and intellectual property rights, as well as procedural aspects of WTO dispute resolution under the Understanding on Rules and Procedures Governing the Settlement of Disputes (Dispute Settlement Understanding [DSU)] Apr. 15, 1994, http://www.wto.org/english/tratop_e/dispu_e/dsu_e.htm).

This annotation discusses provisions of such multilateral trade agreements and the most frequently discussed aspects of those agreements. As a good example of the multitude of issues that may arise in a dispute concerning the joint application of various multilateral agreements annexed to the WTO Agreement, and the objective of the multilateral trading system within the WTO framework to carefully counterbalance the flow of international trade, on one side, and general policy concerns, on the other side, the WTO Panel in China – Measures Related to the Exportation of Rare Earths, Tungsten, and Molybdenum, Report of the Panel, March 26, 2014, 2014 WL 1257458, summary at 8 A.L.R. Int’l 687 (W.T.O.), a dispute concerning China’s use of export quotas and export duties on various forms of rare earths, tungsten, and molybdenum, held that China’s export quota does not relate to the conservation of rare earths under Article XX(g) of the GATT 1994.

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