argentina – measures affecting the
importation of goods
NOTIFICATION OF AN OTHER APPEAL BY JAPAN
UNDER ARTICLE 16.4 AND ARTICLE 17 OF THE UNDERSTANDING ON RULES
AND PROCEDURES GOVERNING THE SETTLEMENT OF DISPUTES (DSU),
AND UNDER RULE 23(1) OF THE WORKING PROCEDURES FOR APPELLATE REVIEW
The following notification, dated 1 October
2014, from the Delegation of Japan, is being circulated to Members.
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Pursuant to Article 16.4 and
Article 17 of the Understanding on Rules and Procedures Governing
the Settlement of Disputes ("DSU") and Rule 23 of the Working Procedures for Appellate Review, Japan hereby
notifies its decision to appeal to the Appellate Body certain issues of law
covered in the Panel Report in Argentina –
Measures Affecting the Importation of Goods (WT/DS445/R) and
certain legal interpretations developed by the Panel in this dispute.
The Panel Report was based on a
meticulous and objective review of the extensive factual record before it, as
well as sound legal reasoning. Japan
appeals only one limited aspect of the Panel Report, in accordance with Rule
23(2)(c)(ii) of the Working Procedures for
Appellate Review. In particular, Japan submits that the Panel erred
by exercising false judicial economy with respect to Japan’s claim against the
TRRs measure under Article X:1 of the GATT 1994, as reflected at paragraphs
6.305 and 7.9(g) of its Report. This exercise of judicial economy was false
because it would prevent an “effective resolution” of this dispute. In
declining to address Japan’s claim under Article X:1, the Panel falsely applied
judicial economy and acted inconsistently with its obligations under Articles
3.4, 3.7, 7.2, and/or 11 of the DSU. Japan therefore respectfully requests that
the Appellate Body reverse the Panel’s exercise of judicial economy in this
regard and complete the analysis to find that Argentina administers the TRRs
measure in a manner that is inconsistent with its obligations under Article
X:1.
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