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The Appellate Body's GSP decision

Published online by Cambridge University Press:  24 August 2004

STEVE CHARNOVITZ ,
LORAND BARTELS ,
ROBERT HOWSE ,
JANE BRADLEY ,
JOOST PAUWELYN  and
DONALD REGAN
STEVE CHARNOVITZ
Affiliation:
Wilmer Cutler Pickering LLP, Washington, DC
LORAND BARTELS
Affiliation:
School of Law, University of Edinburgh
ROBERT HOWSE
Affiliation:
University of Michigan Law School
JANE BRADLEY
Affiliation:
Institute of International Economic Law, Georgetown University
JOOST PAUWELYN
Affiliation:
Duke University School of Law
DONALD REGAN
Affiliation:
University of Michigan Law School
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Abstract

CHARNOVITZ: The Appellate Body's decision in the Tariff Preferences case demonstrates the value of a second-level review of panel decisions. Notwithstanding the composition of the panel – which was as highly qualified, balanced, and diverse as any panel could possibly be – the panel issued a decision that met widespread disapproval. In what is probably a record for third-party support of the plaintiff, eight countries asked the Appellate Body to reverse key points. Happily, the Appellate Body did reverse many of the troubling holdings in the panel report. Unhappily for the world community, the Appellate Body did not have an opportunity to review the panel's interpretation of GATT Article XX, which (like many previous panels) has chiseled away at vital exceptions.

Type
Internet roundtable
Information
World Trade Review , Volume 3 , Issue 2 , July 2004 , pp. 239 - 265
Copyright
2004 Steve Charnovitz and others

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Footnotes

European Communities – Conditions for the Granting of Tariff Preferences to Developing Countries, AB-2004-1, Report of the Appellate Body, 7 April 2004.