Debate Settlement in the WTO: An Update and Some Reflections of a Soon-To-Retire WTO Legal Adviser Presentation to

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Question Settlement in the WTO: An Update and Some Reflections of a Soon-To-Retire WTO Legal Adviser Presentation to the Washington International Trade Association (WITA) Bruce Wilson Director, Legal Affairs Division WTO Secretariat April 28, 2010 (Embargoed until Delivered)

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Order of Presentation Introduction Current Activity in WTO Dispute Settlement System Recent Developments of Interest at the Panel/Compliance Panel/Arbitration Level Compliance/Implementation Developments of Note Recent Appellate Body Happenings (or Lack Thereof) Some Predictions About What Lies Ahead in WTO Dispute Settlement Some Reflections on My Eight Year Tenure as WTO Legal Adviser A Final Word About LAD and Succession - Attached to this presentation are three records – a measurable outline of WTO debate settlement action from 1995 through the present, a posting of current cases in WTO case, a posting of finished board/consistence board/discretion procedures

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Introduction Fourth and last presentation on this theme in my present position. Will abstain from the factual data of a chronicled nature; I have incorporated a great deal this information in three presents accessible in the room. Concentrate today will be on later and current improvements, and afterward share some individual reflections. My position is one of best legitimate employments on the planet in the field of global exchange. As is standard practice, because of WTO Rules of Conduct, I won't remark on individual cases. In any case, welcome your own particular remarks about individual cases that have been chosen.

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Current Activity in WTO Dispute Settlement Current level of suit movement at the board level is the most elevated it has ever been – 19 unique board procedures 10 are non exchange cure cases and 9 are exchange cure cases Currently no IP, Ag, or Services cases are in prosecution There is one 22.6 Arbitration No continuous consistence boards, 21.3 RPT mediations, bids US (15) keeps on being most dynamic contesting Member (5 as C, 10 as R) EU (9) proceeds as second most dynamic prosecuting Member (4 as C, 5 as R) China (6) has turned out to be third most dynamic prosecuting Member (5 as C, 1 as R) Only 11 different Members are at present dynamic as a C or R

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Recent Developments of Interest at Panel/Compliance Panel/Arbitration Level Increased time to create board reports Litigation keeps on being essentially among twelve or so Members China's expanding part as a complainant Continued ask for preparatory decisions Recent Surge in SPS/TBT cases Continued case over utilize US utilization of focusing in regulatory audits of AD requests Appearance of new disputants – e.g. Vietnam, a few Arab nations as 3 rd Ps Issuance at last of EC-Airbus report with US-Boeing report in the not so distant future (longest board procedures in WTO history) Inactivity of consistence boards over recent months Continued non-uniform approach in discretions over reasonable level of striking back (as showed in US-Cotton Subsidies intervention)

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Compliance/Implementation Developments Continued expressed responsibility by all to conform to WTO decisions, which fortifies the authenticity of the framework. Various arranged settlements including EU have happened over a year ago spilling out of past WTO prosecution – EC-Beef Hormones, EC-Bananas, EC-GMOS (with Canada, Argentina yet not US); utilization of DG as a go between in EC-Bananas debate. By differentiation, proceeding with worries about absence of, or deferral in, consistence by US in various cases. US/Brazil assention over remuneration in US-Cotton endowments case as of late has caught everybody's consideration. Late EU utilization of expanded fare appropriations in sugar hosts made apprehension among the whining gatherings in the first case First involvement with Chinese consistence with unfriendly board/AB reports has for the most part been certain from all signs.

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Recent Appellate Body Happenings 2 new AB Members in 2009 – Van nook Bosche (Belgium) supplanting Sacerdoti (Italy) and Ramirez (Mexico) supplanting Baptista (Brazil) After to a great degree occupied 2008, there has been a stamped diminish in investigative prosecution in 2009 and 2010 ). No offers expected before late summer or early fall this year. Redrafting movement has a tendency to take after and slack board action, so we can expect a blast of re-appraising action in fall of 2010 and all through all of 2011 and well into 2012 AB has set out on first arrangement of corrections to its strategies since 2004 and would like to have those set up in the not so distant future

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Some Predictions About What Lies Ahead in WTO Dispute Settlement WTO Dispute Settlement System will keep on being utilized effectively China has gotten to be and will keep on being among the main three contesting parties in the WTO alongside the US and the EU U.S. will keep on resolving focusing protestations on managerial surveys of AD requests through assisted WTO cases Challenges to the exchange cure practices of creating nations will start to show up in the framework SPS/TBT cases will keep on proliferating Implementation of antagonistic WTO reports by US requiring administrative activity will just at last be determined as a component of a most optimized plan of attack bill actualizing the consequences of the Doha Round Appellate action, as noted beforehand, will continue enthusiastically this fall and proceed at an overwhelming pace in any event through 2012.

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Some Reflections on My Tenure as WTO Legal Adviser WTO and, particularly its question settlement framework, has moved from a fairly troublesome starting to an a great deal more develop and stable association with worldwide authenticity a definitive achievement or disappointment of the DS framework relies on upon the execution and conduct a shifted and wide cross-segment of players. Aggregate duty to the framework, however uncommon specify of work of board adjudicators. Their diligent work and devotion and their assurance to convey quality reports and all around contemplated choices is noteworthy and motivating

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Reflections (cont.) LAD has helped on somewhere in the range of 50 diverse case procedures amid my residency (counting 11 procedures as of now in progress) Bringing more straightforwardness to the WTO DS framework Assisting the WTO on other lawful issues It has been an interesting, energizing, and profoundly remunerating eight years for me.

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A Final Word About LAD and Succession Many people in the WTO help with the operation of the DS framework However, in shutting, I might want to pay unique tribute to my partners in LAD with whom I have had the joy to work over these previous eight years. As befits a multilateral association, LAD speaks to 14 unique nationalities and, albeit most WTO case is done in English, we altogether talk 10 distinct dialects. I jump at the chance to surmise that LAD is a sparkling case of the polished skill, specialized capability, devotion, and diligent work of WTO Secretariat staff. Fellow has the best temporary position program in the WTO Finally, a word about my successor, Ms. Valerie Hughes of Canada

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