United States - Subsidies on Upland Cotton - Recourse to Arbitration by the United States under Article 22.6 of the DSU and Article 7.10 of the SCM Agreement - Decision by the Arbitrator
- WTO Secretariat
- 2009/09/11
- 已被閱讀 899次
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World Trade
Organization WT/DS267/ARB/2
31 August 2009 (09-4015) Original: English
UNITED STATES – SUBSIDIES ON UPLAND COTTON
Recourse to Arbitration by the United States
under Article 22.6 of the DSU
and Article 7.10 of the SCM Agreement
Decision by the Arbitrator
TABLE OF CONTENTS
Page
I. INTRODUCTION 1
A. Initial proceedings 1
B. Request for arbitration and arbitration proceedings 3
C. Organization of the proceedings and presentation of the Decision 5
II. overall Approach of the Arbitrator 6
III. Preliminary issue: do changes in the legal basis of the Marketing loan and countercyclical payments affect Brazil's entitlement to take countermeasures? 6
A. Arguments of the parties 7
B. Assessment by the Arbitrator 8
IV. Assessment of Brazil's proposed Level of countermeasures 12
A. Main arguments of the parties 12
B. Mandate of the Arbitrator and burden of proof 13
C. Countermeasures "commensurate with the degree and nature of