volume 9 | number 1 | january 2010 world trade review · world trade review january 2010 contents...
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VOLUME 9 | NUMBER 1 | JANUARY 2010
VOLU
ME 9 | N
UM
BER 1 | JAN
UARY 2010
VOLUME 9 | NUMBER 1 | JANUARY 2010
WORLDTRADEREVIEWEconomicsLawInternational Institutions
WORLD TRADE REVIEW
WO
RLD TRA
DE REVIEW
Special Issue: Sixth report of the American Law Institute projecton World Trade Organization Case Law covering 2008
Edited by Henrik Horn and Petros C. Mavroidis
ForewordLANCE LIEBMAN iii
IntroductionHENRIK HORN AND PETROS C. MAVROIDIS 1
Appellate Body Report in EC–Bananas III : waiver-thin, or lock,stock, and metric ton?SIMON SCHROPP AND DAVID PALMETER 7
Guilt by association: US – Measures Relating to Shrimp fromThailand and US – Customs Bond Directive for MerchandiseSubject to Anti-Dumping/Countervailing DutiesTHOMAS PRUSA AND EDWIN VERMULST 59
Mexico–Olive Oil: Remedy without a cause?CHAD BOWN AND NIALL MEAGHER 85
US–Stainless Steel (Mexico)MEREDITH CROWLEY AND ROBERT HOWSE 117
Continued Suspense: EC–Hormones and WTO Disciplines onDiscrimination and Domestic RegulationBERNARD HOEKMAN AND JOEL TRACHTMAN 151
United States – Subsidies on Upland Cotton Recourse to Article 21.5 by BrazilWILLIAM DAVEY AND ANDRÉ SAPIR 181
China – Measures Affecting Imports of Automobile PartsJASPER-MARTIJN WAUTERS AND HYLKE VANDENBUSSCHE 201
India – Additional and Extra-Additional Duties on Imports fromthe United StatesPAOLA CONCONI AND JAN WOUTERS 239
CommentFRIEDER ROESSLER 265
Book reviews 273
Cambridge Journals OnlineFor further information about this journal please go to the journal website at:journals.cambridge.org/wtr
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WORLD TRADE REVIEW
Subscriptions
World Trade Review (ISSN 1474–7456) is published four times a year inJanuary, April, July and October. Four parts form a volume.
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Copying
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© Cambridge University Press 2010
Printed in the United Kingdom by the University Press, Cambridge
ISSN 1474–7456
WORLD TRADE REVIEW
Editor
L. Alan Winters
Department of Economics, University of Sussex,Falmer, Brighton BN1 9SN, UK
Email [email protected]
Editorial Assistant
Paulette Planchette
Book Review Editor
Chad P. Bown
The World Bank
Email [email protected]
Editorial Board
Richard Blackhurst
The Fletcher School, Tufts University
Steve Charnovitz
The George Washington University Law School
Joseph François
Johannes-Kepler-Universität
Judith Goldstein
Stanford University
Henrik Horn
Research Institute of IndustrialEconomics (IFN), Stockholm
Douglas A. Irwin
Dartmouth College, Hanover
Patrick Low
(ex officio) World Trade Organization
Petros C. Mavroidis
Columbia Univeristy and University ofNeuchâtel
André Sapir
Free University of Brussels
Alan Sykes
Stanford University
Joseph Weiler
New York University
Statement of Aims
The World Trade Review (WTR) has been established at the initiative ofthe Secretariat of the World Trade Organization (WTO) in closecooperation with Cambridge University Press. The WTR is anindependent, multi-disciplinary journal that aims to deepenunderstanding of issues facing the international trading system throughcritical analysis and constructive debate.
The journal welcomes manuscripts written from economic, legal andinter-disciplinary perspectives on issues of relevance to the multilateraltrading system. A rigorous peer review process assures that materialaccepted for publication meets high standards in terms of theoretical andmethodological rigour. Papers written in a manner that makes themaccessible to the wider public and to government officials engaged inpolicy discourse and decision-making are particularly welcome. Tofurther stimulate debate, the journal encourages the submission of shortarticles or notes commenting on published papers. These pieces are alsosubject to peer review in order to ensure their quality.
The policy of the journal is determined by the Editor and the membersof the Editorial Board, in conjunction with Cambridge University Press.The content of each issue is based on a proposal by the Editor, which isreviewed by members of the Board. To be accepted, a manuscript must beapproved by a majority of the Board members.
Opinions and other material contained in the WTR are not attributableto Members of the WTO, to the WTO Secretariat, to members of theEditorial Board or to the Editor, nor should they be taken as reflecting theviews of any of the aforementioned groups or individuals.
Submission of articles
The World Trade Review invites authors to submit original manuscriptson all aspects of issues related to the multilateral trading system. Shortarticles or notes commenting on previously published articles are alsowelcome. It is assumed that the submission of a manuscript to the WTRsignals that it has not been, and will not be, submitted elsewhere at thesame time. Papers scheduled for future publication in book form will beconsidered, provided they would appear first in the WTR.
Full guidelines for contributors regarding the length, organization andreference format of submissions are available on the journal’s homepage atthe Cambridge University Press web site <journals.cambridge.org/wtr>.
Letters to the Editor
The World Trade Review welcomes letters containing substantivecomments on published material. Letters, clearly identified as such,should be emailed to <[email protected]> or mailed to the address atthe top of this page. Letters selected for publication are subject to editing.
Books for review
Books for review in the journal should be mailed to: Professor Chad P.Bown, Development Economics Research Group, The World Bank, 1818 H Street, NW, MSN MC3-303, Washington, DC 20433, USA.
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WORLD TRADE REVIEW
January 2010
CONTENTS
iii ForewordL ANCE L I E BMAN
1 IntroductionHENR IK HORN AND P ETROS C . MAVRO ID I S
7 Appellate Body Report in EC–Bananas III : waiver-thin, or lock, stock, andmetric ton?S IMON S CHROPP AND D AV ID P ALMETER
59 Guilt by association: US – Measures Relating to Shrimp from Thailandand US – Customs Bond Directive for Merchandise Subject toAnti-Dumping/Countervailing DutiesTHOMAS P RUSA AND E DWIN V ERMULST
85 Mexico–Olive Oil : Remedy without a cause?CHAD B OWN AND N IALL M EAGHER
117 US–Stainless Steel (Mexico)MERED ITH C ROWLEY AND ROBERT HOWSE
151 Continued Suspense: EC–Hormones and WTO Disciplines onDiscrimination and Domestic RegulationB ERNARD HOEKMAN AND J OEL T RACHTMAN
181 United States – Subsidies on Upland Cotton Recourse to Article 21.5by BrazilWILL IAM D AVEY AND ANDR E S AP IR
201 China – Measures Affecting Imports of Automobile PartsJ A S PER -M ART I JN WAUTER S AND H YLKE V ANDENBUS SCHE
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239 India – Additional and Extra-Additional Duties on Imports from theUnited StatesP AOLA CONCON I AND J AN WOUTER S
265 CommentIndia – Additional and Extra-Additional Duties on Imports from theUnited StatesF R I EDER R OES S L ER
Book Reviews
273 Trade and Climate Change: A Report by the United Nations EnvironmentProgramme and the World Trade Organization by UNEP and the WTOS TEVE C HARNOV ITZ
282 Global Warming and the World Trading System by Gary Clyde Hufbauer,Steve Charnovitz, and Jisun KimDANIEL C . E STY
285 Trade and the Environment: Fundamental Issues in International Law,WTO Law and Legal Theory by Erich VranesL UD IV INE T AMIOTT I
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