The WTO Dispute Settlement System in 2013
In 2013, WTO panel and Appellate Body reports were adopted in three disputes only, of which the most notable concerned a feed-in tariff system established by Canada in order to promote the use of energy derived from renewable energy sources. The system imposed domestic content requirements on certain electricity-generation facilities, which the Appellate Body ruled to be in violation of Article III:4 of the General Agreement on Tariffs and Trade (GATT) 1994 and the Agreement on Trade-Related Investment Measures) (TRIMs Agreement). The issue whether the Canadian measures constituted subsidies under the Agreement on Subsidies and Countervailing Measures (SCM Agreement) remained unresolved. In the two other disputes China was found to have violated the Anti-Dumping Agreement and the SCM Agreement in the imposition of anti-dumping and countervailing duties on products imported from the European Union and the United States.
Keywords: anti-dumping duties, conferral of benefits, domestic content requirements, environmental protection, government procurement, less favourable treatment, national treatment, renewable energy, subsidies, trade-related investment measures
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