"The European Union and WTO Dispute Settlement: in search of a normative framework for autonomous measures"

Antonidias, Antonis. (2005) "The European Union and WTO Dispute Settlement: in search of a normative framework for autonomous measures". In: UNSPECIFIED, Austin, Texas. (Unpublished)

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Abstract

[From the Introduction]. The remark made above instigates a broad discussion over the relationship between autonomous measures and international dispute settlement and in particular, the past, present and future of WTO Dispute Settlement. The broader repercussions to the relationship will be evinced by virtue of an analysis focussed on a particular case where autonomous measures have been adopted by the EC. The case in hand concerns the measures taken by the EC in order to respond to the non-compliance by the US with the unfavourable ruling delivered by the WTO Dispute Settlement Body in the dispute US - 1916 Anti-Dumping Act. In particular, the longstanding dispute concerns an EC complaint against the United States over the latter’s Anti-Dumping Act of 1916 (the Act). Having exhausted all stages of the WTO Dispute Settlement system since the EC requested consultations in June 1998 and faced with delays in compliance by the US, the Council adopted Regulation 2238/2003 (the Regulation) in response. The Regulation is an autonomous measure adopted following the internal EC procedure. The DSB granted no authorization for this measure, nor has any authorization been requested. In this sense, the Regulation represents a unilateral measure taken in the margin of an ongoing WTO Dispute. In the analysis that follows its legality shall be assessed in the light of the overlapping frameworks established by the WTO and EC legal orders.

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