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Speaking Up in the WTO: Brazil’s Voice in the Dispute Settlement Body

  • Celso de Tarso Pereira
Chapter

Abstract

The Dispute Settlement Body of the WTO is a modern agora for the discussion of substantive and procedural matters concerning disputes among WTO Members. Every month, Members meet to adopt reports, criticize or praise the legal reasoning developed by panels and the Appellate Body, monitor the implementation of adopted decisions, request the establishment of panels, or debate other systemic aspects of the dispute settlement system. This chapter aims to illustrate the participation of a Member in that forum by providing a series of statements made by Brazil, an active user and strong supporter of the multilateral dispute settlement system. The first two sets of statements relate to the appointment and reappointment of Appellate Body members. The other set deals with the procedural issue of “sequencing” between implementation and retaliation proceedings. More generally, the three sets of statements, made by Brazil between 2015 and 2018 in the DSB, give a glimpse of some of the ongoing debates in that forum and also reflect the position of a country that is highly invested in the proper functioning of the system and in the defense of a rule-based trading system.

References

  1. Colombia – Measures Relating to the Importation of Textiles, Apparel and Footwear, WTO Doc WT/DS461/AB/R (adopted June 22, 2016)Google Scholar
  2. European Communities — Regime for the Importation, Sale and Distribution of Bananas, WTO Doc. WT/DS27/AB/R (adopted Sept. 25, 1997)Google Scholar
  3. India – Certain Measures Relating to Solar Cells and Modules, WTO Doc. WT/DS456/AB/R (adopted Oct. 14, 2016)Google Scholar
  4. India – Measures Concerning the Importation of Certain Agricultural Products, WTO Doc. WT/DS430/AB/R (adopted June 19, 2015)Google Scholar
  5. United States – Measures Affecting the Production and Sale of Clove Cigarettes, WTO Doc.WT/DS406/AB/R (adopted Apr. 24, 2012)Google Scholar
  6. United States— Measures Concerning the Importation, Marketing and Sale of Tuna and Tuna Products, WTO Doc. WT/DS381/AB/RW (adopted Dec. 3, 2015)Google Scholar

Copyright information

© Springer Nature Switzerland AG 2019

Authors and Affiliations

  • Celso de Tarso Pereira
    • 1
  1. 1.Ministry of Foreign AffairsBrasiliaBrazil

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