Nothing Dramatic ( . . . Regarding Administration of Customs Laws)

Nothing Dramatic ( . . . Regarding Administration of Customs Laws)

This paper discusses the 2005 dispute between the European Community (EC) and the United States (US) regarding the customs classification of two specific products and the ambit of Art. X GATT (Publication and Administration of Trade Regulations). The Dispute Settlement Panel and the Appellate Body (...

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Bibliographic Details
Main Authors: Hoekman, Bernard M., Mavroidis, Petros C.
Format: Journal Article
Language:EN
Published: 2012
Subjects:
Trade Policy
International Trade Organizations F130
International Law K330
Online Access:http://hdl.handle.net/10986/5847
id okr-10986-5847
recordtype oai_dc
spelling okr-10986-58472021-04-23T14:02:23Z Nothing Dramatic ( . . . Regarding Administration of Customs Laws) Hoekman, Bernard M. Mavroidis, Petros C. Trade Policy International Trade Organizations F130 International Law K330 This paper discusses the 2005 dispute between the European Community (EC) and the United States (US) regarding the customs classification of two specific products and the ambit of Art. X GATT (Publication and Administration of Trade Regulations). The Dispute Settlement Panel and the Appellate Body (AB) essentially upheld the position advocated by the EC, with one exception that is of no practical import, as the EC had already modified its regime. While the AB followed prior case law, it added two new findings. First, the WTO-consistency of laws can be challenged under Art. X GATT if they concern the implementation or application of laws concerning customs administration and enforcement. Second, the obligation included in Art. X.3(b) GATT to establish tribunals or procedures to review and correct administrative actions relating to customs matters concerns courts of first instance only. Thus it is quite possible that their decisions might not be uniform, and absence of uniformity at this level is not a violation of Art. X.3(b). 2012-03-30T07:34:50Z 2012-03-30T07:34:50Z 2009 Journal Article World Trade Review 14747456 http://hdl.handle.net/10986/5847 EN http://creativecommons.org/licenses/by-nc-nd/3.0/igo World Bank Journal Article
repository_type Digital Repository
institution_category Foreign Institution
institution Digital Repositories
building World Bank Open Knowledge Repository
collection World Bank
language EN
topic Trade Policy
International Trade Organizations F130
International Law K330
spellingShingle Trade Policy
International Trade Organizations F130
International Law K330
Hoekman, Bernard M.
Mavroidis, Petros C.
Nothing Dramatic ( . . . Regarding Administration of Customs Laws)
relation http://creativecommons.org/licenses/by-nc-nd/3.0/igo
description This paper discusses the 2005 dispute between the European Community (EC) and the United States (US) regarding the customs classification of two specific products and the ambit of Art. X GATT (Publication and Administration of Trade Regulations). The Dispute Settlement Panel and the Appellate Body (AB) essentially upheld the position advocated by the EC, with one exception that is of no practical import, as the EC had already modified its regime. While the AB followed prior case law, it added two new findings. First, the WTO-consistency of laws can be challenged under Art. X GATT if they concern the implementation or application of laws concerning customs administration and enforcement. Second, the obligation included in Art. X.3(b) GATT to establish tribunals or procedures to review and correct administrative actions relating to customs matters concerns courts of first instance only. Thus it is quite possible that their decisions might not be uniform, and absence of uniformity at this level is not a violation of Art. X.3(b).
format Journal Article
author Hoekman, Bernard M.
Mavroidis, Petros C.
author_facet Hoekman, Bernard M.
Mavroidis, Petros C.
author_sort Hoekman, Bernard M.
title Nothing Dramatic ( . . . Regarding Administration of Customs Laws)
title_short Nothing Dramatic ( . . . Regarding Administration of Customs Laws)
title_full Nothing Dramatic ( . . . Regarding Administration of Customs Laws)
title_fullStr Nothing Dramatic ( . . . Regarding Administration of Customs Laws)
title_full_unstemmed Nothing Dramatic ( . . . Regarding Administration of Customs Laws)
title_sort nothing dramatic ( . . . regarding administration of customs laws)
publishDate 2012
url http://hdl.handle.net/10986/5847
_version_ 1764396525132185600

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