INTERNATIONAL TRADE LAW

MID-TERM CASE LIST

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MOST FAVOURED NATIONS (ARTICLE I, GATT 1994):

S.No Name and Year of Case Parties Goods Subject Matter Holding
.

1. Cuban Consular Taxes Case (1948) – Cuba v Consular taxes Charges Consular taxes were also charges within the meaning of
Panel Netherlands Art. I.
2. Belgian Family Allowances Case Belgium v Norway Family Allowance Unconditionally
(1985) – Panel and Denmark Scheme
3. Spain Tariff Treatment of Unroasted Spain v Brazil Colombian mild Likeness 1. Likeness has to be determined from cases to case.
Coffee (1981) – Panel and other mild 2. Minor organoleptic differences.
coffee (0%) v 3. No other country made this classification.
unwashed Arabica, 4. Brazil ended up being discriminated against (de facto
robusta and others discrimination).
(7%)
4. Japan SPF Fiber Case (1989) – Panel Japan v Canada Spruce, Pine and Likeness 1. Trade policy autonomy for countries, as long as it does
Fir versus not lead to discrimination – Japan wanted to protect its
Hemlock, Fir etc. Trade Policy own industries, and also thought Canadian goods were of
Autonomy inferior quality
2. Not only targeting Canada (unlike Spain Unroasted
Coffee case)
3. Burden on Canada to prove discrimination
4. Canada’s tariff classification is not a universal standard
5. Likeness parameters – end use, physical properties,
tariff classification and customer preference
5. Indonesia (Certain Measures Indonesia v EC and Cars Unconditionally
Affecting Automobile Industry) Case USA
(1998) – Panel Local content
requirements
6. Canada Auto Pact Case (2000 Panel, Canada v EU and USA-Canada Origin Panel –
2001 AB) Japan Automotive
Products Appellate – Not all origin based measures are
Agreement 1965 discriminatory – they have to be examined case to case.
& Motor Vehicles
Tariff Order
 (MVTO)
7. EC Tariff Preferences Case (2003) EU v India Drug production/ GSP/ EC
trafficking Whether the
same measures
must be
extended to all
developing
countries.

NATIONAL TREATMENT (ARTICLE III, GATT 1994):

S.No Name and Year of Case Parties Goods Subject Matter Holding
.

1. Japan – EC Alcohol Case (1996) Japan v EC Alcohol - vodka Likeness Panel –

DCS AB –
2. Chile Taxes on Alcoholic Beverages Chile v EU Alcoholic Likeness
Case (2001) beverages DCS
3. Italian Agricultural Machineries - - III(4) – Governing – Proof of direct effect
Case (1959) “governing” v Affecting – General term, includes indirect effects also
“affecting”
4. Canada Foreign Investment Review Canada v USA Act which Requirements v
Act (1984) subjected foreign laws and
investors and regulations
companies to
onerous
requirements –
undertaking to
source their labour,
and align
production goals to
Canadian policy,
otherwise sanctions
were imposed.
Undertakings given
suo moto, but
violation of these
undertakings led to
legal action.
5. US Reformulated Gasoline Case USA v Venezuela Clean Air Act 1990 No less
 (1996 - Panel) Three methods of favourable
meeting 1990 treatment
baseline, 2 of
which were not
available to foreign
producers
6. Korea Measures on Chilled Frozen
Beef (2001)
7. EC Asbestos Case
8. Dominican Republic – Import and
Sale of Cigarettes (2005)
9. India Solar Cells And Modules Case
(2016)

CUSTOMS VALUATION AGREEMENT (ARTICLE VII, GATT 1994):

S.No Name and Year of Case Parties Goods Subject Matter Holding
.
Eicher v. CIT Mumbai (2000)