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Legal instruments in the WTO: Ukraine’s experience

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Svetlana Zaitseva,
FAO

Materials of the workshop on Resolving agricultural trade issues through the WTO organized by FAO in collaboration with Ukraine’s Ministry of Agrarian Policy and Food of Ukraine in Kyiv on June 7, 2017.

http://www.fao.org/economic/est/est-events-new/wtokiev/en/
http://www.fao.org/europe/news/detail-news/en/c/892730/

Published in: Education
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Legal instruments in the WTO: Ukraine’s experience

  1. 1. Legal instruments in the WTO: Ukraine’s experience Svetlana Zaitseva 7 June 2017 Kiev 1
  2. 2. WTO dispute settlement: case by case  What are chances for a successful case?  What does business want (systemic or situational solutions)?  Which tools are more preferable?  What if we win but the losing party fails to comply with the ruling?  Do we want/are we ready to bring the dispute up to the compensation and retaliation stage? 2
  3. 3. WTO dispute settlement: Ukrainian experience3
  4. 4. WTO legal remedies: Ukrainian experience Addressing an issue with “soft tools”  Ukraine - Georgia (2008): Violation of National Treatment  Clear stance of producers presented by a business association + factual material + government’s position = issue settled without the WTO dispute settlement procedure 4
  5. 5. WTO legal remedies: Ukrainian experience Ukraine – Armenia (2010) DS 411 - Measures affecting the importation and internal sale of cigarettes and alcoholic beverages  Consultations  Panel establishment request (not established)  Armenia renewed national treatment and complied with its obligations under the WTO Accession Protocol  Exporters didn’t report to the government on new facts/practice of discrimination in cross-border community movement 5
  6. 6. WTO legal remedies: Ukrainian experience  Ukraine – Moldova (2011) DS 421 - Environmental charge  Consultations  Panel establishment request made, rejected, and not re-made  Parties formally in the consultation phase 6
  7. 7. WTO legal remedies: Ukrainian experience  Moldova – Ukraine ( 2011) DS 423 - Taxes on distilled spirits)  Counter-claim  Consultations  Panel establishment request made, rejected, and not re-made  Validity of the measure concerned expired, dispute subject no more relevant 7
  8. 8. WTO legal remedies: Ukrainian experience  Ukraine – Australia (2012) DS 434 – Plain packaging requirements  Consultations  Panel establishment request  Panel established  Working procedures and timetable agreed upon  Submission prepared  Panel work suspended (Art. 12.12 DSU) for 1 year  Panel authority expired  Third-party rights in other countries’ cases preserved 8
  9. 9. WTO legal remedies: Ukrainian experience  Ukraine – RF ( 2015) : DS 499 – Importation of railway equipment  Consultations  Panel establishment request  Panel established (2 March 2017) 9
  10. 10. WTO legal remedies: Ukrainian experience  Ukraine – RF DS 512 - Traffic in transit  Consultations  Panel establishment request  Panel not established yet 10
  11. 11. WTO legal remedies: Ukrainian experience Cases against Ukraine (as respondent):  Moldova – Ukraine DS 423 – Taxes on distilled spirits  Japan – Ukraine DS 468 – Safeguard measures on passenger cars  RF – Ukraine DS 493 –Anti-dumping measure on ammonium nitrate  RF – Ukraine DS 525 – Persistent trade restrictions 11
  12. 12. WTO legal remedies: third party Articles 4 and 10 DSU subject to condition: “…having a substantial interest in a matter” Enables:  access to the case in the consultation stage (opportunity of presenting own position on the case)  access to the case in the panel work stage  access to party documents, questions and answers of case parties  presenting the party’s position on the case (for or against) Opportunities of participating as a third party in cases should be neglected 12
  13. 13. WTO legal remedies: Ukrainian experience Analytical Index https://www.wto.org/english/res_e/booksp _e/gatt_ai_e/gatt_ai_e.htm - the most complete collection of WTO law interpretations that should be considered when drafting laws and other regulatory legal acts on trade 13
  14. 14. WTO legal remedies: Ukrainian experience IMPORTANT ! Meaningful interaction between business and authorities is a prerequisite for WTO dispute settlement efforts 14
  15. 15. WTO legal remedies: Ukrainian experience Svetlana Zaitseva zaitsevas@yahoo.com Thank you! 15

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