Hostname: page-component-78c5997874-ndw9j Total loading time: 0 Render date: 2024-11-02T21:07:36.770Z Has data issue: false hasContentIssue false

Russia–Tariff Treatment: Identifying Systematic Violations of WTO Law

Published online by Cambridge University Press:  23 April 2018

KARA M. REYNOLDS*
Affiliation:
Department of Economics, American University
BORIS RIGOD*
Affiliation:
Hausfeld LLP

Abstract

In October 2014, the European Union requested consultations with Russia under the WTO's dispute settlement system regarding Russia's tariff treatment of various agricultural and manufacturing products. Although most of the measures challenged by the EU were individual tariff lines, the final measure in its complaint was a ‘more general measure’ referred to as the systematic duty variation. A WTO Dispute Panel eventually ruled that the EU failed to establish the systematic nature of the duty treatment afforded by Russia to certain products. In this paper, we explore the Dispute Panel's ruling, as well as how claims of systematic non-compliance are treated in other legal settings. We conclude by exploring whether future WTO Panels should instead consider statistical evidence of systematic treatment to promote compliance.

Type
Review Article
Copyright
Copyright © Kara M. Reynolds And Boris Rigod 2018 

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)

References

Bagwell, K., and Staiger, R. W. (1999), ‘An Economic Theory of GATT’, American Economic Review, 89(1): 215248.Google Scholar
Bagwell, K., and Staiger, R. W. (2011). ‘What Do Trade Negotiators Negotiate About? Empirical Evidence from the World Trade Organization’, The American Economic Review, 101(4): 12381273.Google Scholar
Bown, C. P. and Reynolds, K. M. (2017), ‘Trade Agreements and Enforcement: Evidence from WTO Dispute Settlement’, American Economic Journal: Economic Policy, 9(4): 64100.Google Scholar
Bown, C. P. and Reynolds, K. M. (2015), ‘Trade Flows and Trade Disputes’, The Review of International Organizations, 10(2): 145177.Google Scholar
Broda, C., Limao, N., and Weinstein, D. E. (2008), ‘Optimal Tariffs and Market Power: The Evidence’, The American Economic Review, 98(5): 20322065.Google Scholar
Conconi, P. and Schepel, H. (2017) ‘Argentina–Import Measures: How a Porsche is Worth Peanuts’, World Trade Review, 16(2): 349369.Google Scholar
European Commission of Human Rights (1977), ‘Ireland versus United Kingdom’, Yearbook of the European Convention on Human Rights: 762.Google Scholar
Ermacora, F. (1974), ‘Procedures to Deal with Human Rights Violations: A Hopeful Start in the United Nations?’, Human Rights Journal, 7: 670689.Google Scholar
King, A. G. (2007), ‘“Gross Statistical Disparities” as Evidence of a Pattern and Practice of Discrimination: Statistical versus Legal Significance’, The Labor Lawyer, 22: 271292.Google Scholar
Medina Quiroga, C. (1988), The Battle of Human Rights, Gross, Systematic Violations and the Inter-American System, The Hague, Netherlands: Martinus Nijhoff.Google Scholar
OHCHR (2012), ‘The Corporate Responsibility to Respect Human Rights: An Interpretative Guide’, UN doc. HR/PUB/12/02, Office of the United Nations High Commissioner for Human Rights.Google Scholar
Paetzold, R. L. and Willborn, S. L. (2002) The Statistics of Discrimination: Using Statistical Evidence in Discrimination Cases, Colorado Springs, CO: Shepards/McGraw-Hill.Google Scholar
Romei, A. and Ruggieri, S. (2014), ‘A Multidisciplinary Survey on Discrimination Analysis’, The Knowledge Engineering Review, 29(5): 582638.Google Scholar