WTO Decision Research Articles

The Weakest Link - Demonstrating the Inconsistency of 'Appropriate Levels of Protection' in Australia-Salmon

In Australia-Salmon, the WTO Appellate Body found Australia to be in violation of the WTO SPS Agreement based on the inconsistency of the appropriate level of protection underlying various SPS measures. Article 5.5 of the SPS Agreement prohibits or unjustifiable distinctions in appropriate levels of protection if such distinctions result in discrimination or a disguised restriction on international In Australia-Salmon, Canada challenged Australia's import ban on salmon. Australia permitted the entry of other fish products that were known to host some of the same diseases cited by Australia in justifying its salmon import ban. The distinction in the appropriate levels of protection between Australia's regulation of salmon and its treatment of these other fish products was found to be arbitrary or unjustified and to have resulted in a restriction on international trade. Australia-Salmon was the first WTO decision to find an Article 5.5 violation. Canada successfully made a weakest link argument to undercut Australia's regulatory justification. The decision rests on the relationship between the risk purportedly justifying the salmon import ban and the risk seemingly ignored in Australia's treatment of other fish products - the regulatory situations compared concerned the identical pathogens with the identical potential consequences. As such, Australia-Salmon may be an example of a category of regulatory chains that are peculiarly exposed to Article 5.5 challenge. In responding to the Appellate Body's ruling, Australia reduced its limits on salmon and imposed new restrictions on the other fish products. The outcome suggests that a challenge of one SPS measure under Article 5.5 may lead to the imposition of new restrictions on other imported products - an unexpected result for the free trade regime.

Human Rights in the WTO: Whose Rights, What Humanity? Comment on Petersmann

The relationship between human rights and market freedoms is far more complex than Petersmann acknowledges. Although Petersmann relies heavily upon notions such as constitutionalism and democratic decision‐making, the terms are ill‐defined and their application unconvincing. The author engages with Petersmann's contention that governments would contemplate greater international market intervention to promote social goals and challenges his interpretation of several of the leading WTO decisions.

Electronic Commerce, Trade and Tariff Revenue: A Quantitative Assessment

This paper assesses the quantitative importance of electronic commerce in trade and tariff revenue, in light of the WTO decision on ‘duty‐free cyberspace’. Electronic commerce is likely to boost international trade in software, digitizable media products (music, books) and many services sectors significantly. However, despite the growing importance of electronic commerce for trade, tariff revenue loss from duty‐free electronic commerce is unlikely to be significant.

WTO Decision Striking Down U. S. Revenue Act of 1916

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Competing Cultures: Canada and the World Trade Organization — The Lessons from Sports Illustrated

SummaryThis article explores the impact of the WTO on Canadian cultural sovereignty. More specifically, it provides an assessment of the recent WTO decision in Canada — Certain Measures Concerning Periodicals in an effort to demonstrate that the multilateral trade framework is not only incompatible with, but in fact threatens, the continued viability of a distinct Canadian culture.