WTO Dispute Settlement Mechanism(2)/刘成伟

WTO Dispute Settlement Mechanism(2)/刘成伟(70)
We consider, therefore, that reasonable expectations may in principle be said to continue to exist with respect to tariff concessions given by Japan on film and paper in successive rounds of Article XXVIIIbis negotiations. Nevertheless, the establishment of a case based on expectations from rounds concluded 18 or 30 years ago may be difficult. The United States must show that those expectations, as well as its more recent ones, are currently nullified or impaired.”

IV Nullification or Impairment of Benefit: Causality
As noted above, panels and the Appellate Body have broadly defined nullification or impairment of a benefit. However, panels further develop this concept that they adhere to a narrow view of what circumstances could bring about a nullification as: “the cases in which non-violation complaints were accepted…concerned very specific circumstances…They concerned situations of a perceived de facto withdrawal of a tariff concession because of an unexpected alteration of the conditions of competition”.

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