The WTO dispute settlement process: A primer

Journal of International Economic Law

Volumn 2, Issue 3, 1999, Pages 457-476

  Kim, Hyun Chong ^a  

^a WTO   (Switzerland)

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EID: 0345867342     PISSN: 13693034     EISSN: None     Source Type: Journal    
DOI: 10.1093/jiel/2.3.457     Document Type: Article

References (90)

1. John H. Jackson, The World Trading System, 109-11 (Cambridge, MA: MIT Press 1997) The General Agreement on Tariffs and Trade, 30 October 1997, is referred to as the GATT 1947.
2. The text of these Decisions and Understandings is reprinted in Analytical Index: Guide to Gatt Law and Practice, Vol. 2, pp. 632-42 (1995).
3. For a detailed analysis of the GATT dispute settlement's shortcomings, see William J. Davey, 'Dispute Settlement in GATT', 11 Fordham Int'l L. J. 51 (1987).
4. Korea - Measures Concerning the Testing and Inspection of Agricultural Products, WT/DS3 (6 April 1995); Korea - Measures Concerning the Shelf-life of Products, WT/DS5 (3 May 1996); Korea - Measures Concerning Bottled Water, WT/DS20 (8 November 1995); Korea - Laws, Regulations and Practices in the Telecommunications Sector, WT/DS40 (9 May 1996); Korea - Taxes on Alcoholic Beverages, WT/DS/75/1, WT/DS84/1, AB-1998-7, WT/DS75/AB/R, WT/DS84/AB/R (Panel and Appellate Body Reports adopted on 17 February 1999) [hereinafter Korean Liquor Taxes]; Korea - Definitive Safeguard Measure on Imports of Certain Dairy Products, WT/DS98/1 (12 August 1997); Korea - Quantitative Restrictions Imposed on Imports of Fresh, Chilled and Frozen Beef, WT/DS161/1, G/17292, G/AG/GEN/32, G/LIC/D/28 (4 February 1999); Korea - Measures Affecting Government Procurement, WT/DS163/1, GPA/D4/1 (22 February 1999).
5. Korea - Measures Concerning the Testing and Inspection of Agricultural Products, WT/DS3 (6 April 1995); Korea - Measures Concerning the Shelf-life of Products, WT/DS5 (3 May 1996); Korea - Measures Concerning Bottled Water, WT/DS20 (8 November 1995); Korea - Laws, Regulations and Practices in the Telecommunications Sector, WT/DS40 (9 May 1996); Korea - Taxes on Alcoholic Beverages, WT/DS/75/1, WT/DS84/1, AB-1998-7, WT/DS75/AB/R, WT/DS84/AB/R (Panel and Appellate Body Reports adopted on 17 February 1999) [hereinafter Korean Liquor Taxes]; Korea - Definitive Safeguard Measure on Imports of Certain Dairy Products, WT/DS98/1 (12 August 1997); Korea - Quantitative Restrictions Imposed on Imports of Fresh, Chilled and Frozen Beef, WT/DS161/1, G/17292, G/AG/GEN/32, G/LIC/D/28 (4 February 1999); Korea - Measures Affecting Government Procurement, WT/DS163/1, GPA/D4/1 (22 February 1999).
6. Korea - Measures Concerning the Testing and Inspection of Agricultural Products, WT/DS3 (6 April 1995); Korea - Measures Concerning the Shelf-life of Products, WT/DS5 (3 May 1996); Korea -Measures Concerning Bottled Water, WT/DS20 (8 November 1995); Korea - Laws, Regulations and Practices in the Telecommunications Sector, WT/DS40 (9 May 1996); Korea - Taxes on Alcoholic Beverages, WT/DS/75/1, WT/DS84/1, AB-1998-7, WT/DS75/AB/R, WT/DS84/AB/R (Panel and Appellate Body Reports adopted on 17 February 1999) [hereinafter Korean Liquor Taxes]; Korea - Definitive Safeguard Measure on Imports of Certain Dairy Products, WT/DS98/1 (12 August 1997); Korea - Quantitative Restrictions Imposed on Imports of Fresh, Chilled and Frozen Beef, WT/DS161/1, G/17292, G/AG/GEN/32, G/LIC/D/28 (4 February 1999); Korea - Measures Affecting Government Procurement, WT/DS163/1, GPA/D4/1 (22 February 1999).
7. Korea - Measures Concerning the Testing and Inspection of Agricultural Products, WT/DS3 (6 April 1995); Korea - Measures Concerning the Shelf-life of Products, WT/DS5 (3 May 1996); Korea - Measures Concerning Bottled Water, WT/DS20 (8 November 1995); Korea - Laws, Regulations and Practices in the Telecommunications Sector, WT/DS40 (9 May 1996); Korea - Taxes on Alcoholic Beverages, WT/DS/75/1, WT/DS84/1, AB-1998-7, WT/DS75/AB/R, WT/DS84/AB/R (Panel and Appellate Body Reports adopted on 17 February 1999) [hereinafter Korean Liquor Taxes]; Korea - Definitive Safeguard Measure on Imports of Certain Dairy Products, WT/DS98/1 (12 August 1997); Korea - Quantitative Restrictions Imposed on Imports of Fresh, Chilled and Frozen Beef, WT/DS161/1, G/17292, G/AG/GEN/32, G/LIC/D/28 (4 February 1999); Korea - Measures Affecting Government Procurement, WT/DS163/1, GPA/D4/1 (22 February 1999).
8. Korea - Measures Concerning the Testing and Inspection of Agricultural Products, WT/DS3 (6 April 1995); Korea - Measures Concerning the Shelf-life of Products, WT/DS5 (3 May 1996); Korea - Measures Concerning Bottled Water, WT/DS20 (8 November 1995); Korea - Laws, Regulations and Practices in the Telecommunications Sector, WT/DS40 (9 May 1996); Korea - Taxes on Alcoholic Beverages, WT/DS/75/1, WT/DS84/1, AB-1998-7, WT/DS75/AB/R, WT/DS84/AB/R (Panel and Appellate Body Reports adopted on 17 February 1999) [hereinafter Korean Liquor Taxes]; Korea - Definitive Safeguard Measure on Imports of Certain Dairy Products, WT/DS98/1 (12 August 1997); Korea - Quantitative Restrictions Imposed on Imports of Fresh, Chilled and Frozen Beef, WT/DS161/1, G/17292, G/AG/GEN/32, G/LIC/D/28 (4 February 1999); Korea - Measures Affecting Government Procurement, WT/DS163/1, GPA/D4/1 (22 February 1999).
9. Korea - Measures Concerning the Testing and Inspection of Agricultural Products, WT/DS3 (6 April 1995); Korea - Measures Concerning the Shelf-life of Products, WT/DS5 (3 May 1996); Korea - Measures Concerning Bottled Water, WT/DS20 (8 November 1995); Korea - Laws, Regulations and Practices in the Telecommunications Sector, WT/DS40 (9 May 1996); Korea - Taxes on Alcoholic Beverages, WT/DS/75/1, WT/DS84/1, AB-1998-7, WT/DS75/AB/R, WT/DS84/AB/R (Panel and Appellate Body Reports adopted on 17 February 1999) [hereinafter Korean Liquor Taxes]; Korea - Definitive Safeguard Measure on Imports of Certain Dairy Products, WT/DS98/1 (12 August 1997); Korea - Quantitative Restrictions Imposed on Imports of Fresh, Chilled and Frozen Beef, WT/DS161/1, G/17292, G/AG/GEN/32, G/LIC/D/28 (4 February 1999); Korea - Measures Affecting Government Procurement, WT/DS163/1, GPA/D4/1 (22 February 1999).
10. Korea - Measures Concerning the Testing and Inspection of Agricultural Products, WT/DS3 (6 April 1995); Korea - Measures Concerning the Shelf-life of Products, WT/DS5 (3 May 1996); Korea - Measures Concerning Bottled Water, WT/DS20 (8 November 1995); Korea - Laws, Regulations and Practices in the Telecommunications Sector, WT/DS40 (9 May 1996); Korea - Taxes on Alcoholic Beverages, WT/DS/75/1, WT/DS84/1, AB-1998-7, WT/DS75/AB/R, WT/DS84/AB/R (Panel and Appellate Body Reports adopted on 17 February 1999) [hereinafter Korean Liquor Taxes]; Korea -Definitive Safeguard Measure on Imports of Certain Dairy Products, WT/DS98/1 (12 August 1997); Korea - Quantitative Restrictions Imposed on Imports of Fresh, Chilled and Frozen Beef, WT/DS161/1, G/17292, G/AG/GEN/32, G/LIC/D/28 (4 February 1999); Korea - Measures Affecting Government Procurement, WT/DS163/1, GPA/D4/1 (22 February 1999).
11. Korea - Measures Concerning the Testing and Inspection of Agricultural Products, WT/DS3 (6 April 1995); Korea - Measures Concerning the Shelf-life of Products, WT/DS5 (3 May 1996); Korea - Measures Concerning Bottled Water, WT/DS20 (8 November 1995); Korea - Laws, Regulations and Practices in the Telecommunications Sector, WT/DS40 (9 May 1996); Korea - Taxes on Alcoholic Beverages, WT/DS/75/1, WT/DS84/1, AB-1998-7, WT/DS75/AB/R, WT/DS84/AB/R (Panel and Appellate Body Reports adopted on 17 February 1999) [hereinafter Korean Liquor Taxes]; Korea - Definitive Safeguard Measure on Imports of Certain Dairy Products, WT/DS98/1 (12 August 1997); Korea - Quantitative Restrictions Imposed on Imports of Fresh, Chilled and Frozen Beef, WT/DS161/1, G/17292, G/AG/GEN/32, G/LIC/D/28 (4 February 1999); Korea - Measures Affecting Government Procurement, WT/DS163/1, GPA/D4/1 (22 February 1999).
12. Korea - Measures Concerning the Testing and Inspection of Agricultural Products, WT/DS3 (6 April 1995); Korea - Measures Concerning the Shelf-life of Products, WT/DS5 (3 May 1996); Korea - Measures Concerning Bottled Water, WT/DS20 (8 November 1995); Korea - Laws, Regulations and Practices in the Telecommunications Sector, WT/DS40 (9 May 1996); Korea - Taxes on Alcoholic Beverages, WT/DS/75/1, WT/DS84/1, AB-1998-7, WT/DS75/AB/R, WT/DS84/AB/R (Panel and Appellate Body Reports adopted on 17 February 1999) [hereinafter Korean Liquor Taxes]; Korea - Definitive Safeguard Measure on Imports of Certain Dairy Products, WT/DS98/1 (12 August 1997); Korea - Quantitative Restrictions Imposed on Imports of Fresh, Chilled and Frozen Beef, WT/DS161/1, G/17292, G/AG/GEN/32, G/LIC/D/28 (4 February 1999); Korea - Measures Affecting Government Procurement, WT/DS163/1, GPA/D4/1 (22 February 1999).
13. United States - Anti-dumping Duties on Imports of Colour Television Receivers from Korea, WT/DS89/1 (16 July 1997); United States - Anti-dumping Duty on DRAMs of One Megabit or Above from Korea, WT/DS99/1 (Panel Report adopted on 19 March 1999) [hereinafter DRAMs].
14. United States - Anti-dumping Duties on Imports of Colour Television Receivers from Korea, WT/DS89/1 (16 July 1997); United States - Anti-dumping Duty on DRAMs of One Megabit or Above from Korea, WT/DS99/1 (Panel Report adopted on 19 March 1999) [hereinafter DRAMs].
15. Brazil - Certain Automotive Investment Measures, WT/DS51 (30 July 1996), WT/DS52 (9 August 1996), WT/DS65 (10 January 1997), WT/DS81/1 (7 May 1997); Indonesia - Certain Measures Affecting the Automotive Industry, WT/DS55, WT/DS64, WT/DS54, WT/DS59 (Panel Report adopted on 23 July 1998) [hereinafter Indonesia - Automobile]; European Communities - Customs Classification of Certain Computer Equipments, WT/DS62/1, WT/DS62/4, WT/62/8, WT/DS67/6, WT/DS68/5 (Panel and Appellate Body Reports adopted on 22 June 1998); Canada - Certain Automotive Industry Measures, WT/DS139.1, G/L/250, G/TRIMS/D12, G/SCM/D27/1, S/L/58 (8 July 1998); United States - Section 301-310 of the Trade Act of 1974, WT/DS152/1 (30 November 1998).
16. Brazil - Certain Automotive Investment Measures, WT/DS51 (30 July 1996), WT/DS52 (9 August 1996), WT/DS65 (10 January 1997), WT/DS81/1 (7 May 1997); Indonesia - Certain Measures Affecting the Automotive Industry, WT/DS55, WT/DS64, WT/DS54, WT/DS59 (Panel Report adopted on 23 July 1998) [hereinafter Indonesia - Automobile]; European Communities - Customs Classification of Certain Computer Equipments, WT/DS62/1, WT/DS62/4, WT/62/8, WT/DS67/6, WT/DS68/5 (Panel and Appellate Body Reports adopted on 22 June 1998); Canada - Certain Automotive Industry Measures, WT/DS139.1, G/L/250, G/TRIMS/D12, G/SCM/D27/1, S/L/58 (8 July 1998); United States - Section 301-310 of the Trade Act of 1974, WT/DS152/1 (30 November 1998).
17. Brazil - Certain Automotive Investment Measures, WT/DS51 (30 July 1996), WT/DS52 (9 August 1996), WT/DS65 (10 January 1997), WT/DS81/1 (7 May 1997); Indonesia - Certain Measures Affecting the Automotive Industry, WT/DS55, WT/DS64, WT/DS54, WT/DS59 (Panel Report adopted on 23 July 1998) [hereinafter Indonesia - Automobile]; European Communities - Customs Classification of Certain Computer Equipments, WT/DS62/1, WT/DS62/4, WT/62/8, WT/DS67/6, WT/DS68/5 (Panel and Appellate Body Reports adopted on 22 June 1998); Canada - Certain Automotive Industry Measures, WT/DS139.1, G/L/250, G/TRIMS/D12, G/SCM/D27/1, S/L/58 (8 July 1998); United States - Section 301-310 of the Trade Act of 1974, WT/DS152/1 (30 November 1998).
18. Brazil - Certain Automotive Investment Measures, WT/DS51 (30 July 1996), WT/DS52 (9 August 1996), WT/DS65 (10 January 1997), WT/DS81/1 (7 May 1997); Indonesia - Certain Measures Affecting the Automotive Industry, WT/DS55, WT/DS64, WT/DS54, WT/DS59 (Panel Report adopted on 23 July 1998) [hereinafter Indonesia - Automobile]; European Communities - Customs Classification of Certain Computer Equipments, WT/DS62/1, WT/DS62/4, WT/62/8, WT/DS67/6, WT/DS68/5 (Panel and Appellate Body Reports adopted on 22 June 1998); Canada - Certain Automotive Industry Measures, WT/DS139.1, G/L/250, G/TRIMS/D12, G/SCM/D27/1, S/L/58 (8 July 1998); United States - Section 301-310 of the Trade Act of 1974, WT/DS152/1 (30 November 1998).
19. Brazil - Certain Automotive Investment Measures, WT/DS51 (30 July 1996), WT/DS52 (9 August 1996), WT/DS65 (10 January 1997), WT/DS81/1 (7 May 1997); Indonesia - Certain Measures Affecting the Automotive Industry, WT/DS55, WT/DS64, WT/DS54, WT/DS59 (Panel Report adopted on 23 July 1998) [hereinafter Indonesia - Automobile]; European Communities - Customs Classification of Certain Computer Equipments, WT/DS62/1, WT/DS62/4, WT/62/8, WT/DS67/6, WT/DS68/5 (Panel and Appellate Body Reports adopted on 22 June 1998); Canada - Certain Automotive Industry Measures, WT/DS139.1, G/L/250, G/TRIMS/D12, G/SCM/D27/1, S/L/58 (8 July 1998); United States - Section 301-310 of the Trade Act of 1974, WT/DS152/1 (30 November 1998).
20. Brazil - Certain Automotive Investment Measures, WT/DS51 (30 July 1996), WT/DS52 (9 August 1996), WT/DS65 (10 January 1997), WT/DS81/1 (7 May 1997); Indonesia - Certain Measures Affecting the Automotive Industry, WT/DS55, WT/DS64, WT/DS54, WT/DS59 (Panel Report adopted on 23 July 1998) [hereinafter Indonesia - Automobile]; European Communities - Customs Classification of Certain Computer Equipments, WT/DS62/1, WT/DS62/4, WT/62/8, WT/DS67/6, WT/DS68/5 (Panel and Appellate Body Reports adopted on 22 June 1998); Canada - Certain Automotive Industry Measures, WT/DS139.1, G/L/250, G/TRIMS/D12, G/SCM/D27/1, S/L/58 (8 July 1998); United States - Section 301-310 of the Trade Act of 1974, WT/DS152/1 (30 November 1998).
21. Japan - Customs Duties, Taxes and Labelling Practices on Imported Wines and Alcoholic Beverages, BISD 34S/83 (adopted 10 November 1987).
22. Japan - Taxes on Alcoholic Beverages, WT/DS8/R, WT/DS10/R, WT/DS11/R (11 July 1996), AB-1996-2, WT/DSI/AB/R, WT/DS10/AB/R, WT/DS22/AB/4 (Panel and Appellate Body Reports adopted on 1 November 1996) [hereinafter Japanese Liquor Taxes].
23. Japan - Taxes on Alcoholic Beverages, WT/DS8/R, WT/DS10/R, WT/DS11/R (11 July 1996), AB- 1996-2, WT/DSI/AB/R, WT/DS10/AB/R, WT/DS22/AB/4 (Panel and Appellate Body Reports adopted on 1 November 1996) [hereinafter Japanese Liquor Taxes].
24. Chile - Taxes on Alcoholic Beverages, WT/DS87/1 (4 June 1997), WT/DS110/1 (15 December 1997, WT/DS109/1 (11 December 1997).
25. WT/DS27/R, AB-1997-3, WT/DS69/AB/R (Panel and Appellate Body Reports adopted on 25 September 1997) [hereinafter Bananas].
26. Debra P. Steger and Susan M. Hainsworth, 'New Directions in International Trade Law: WTO Dispute Settlement' in Dispute Resolution in the World Trade Organization, 30-31 in J. Cameron and K. Campbell (eds) (London: Cameron May 1998).
27. WT/DS98/1, above n 4.
28. Understanding on Rules and Procedures Governing the Settlement of Disputes [hereinafter DSU], Article 4.2.
29. Korean Liquor Taxes Panel Report, para. 10.17.
30. Id. para. 10.19.
31. India - Patent Protection for Pharmaceutical and Agricultural Chemical Products, AB-1997-5, WT/DS50/AB/R (Panel Report adopted on 2 September 1998), para. 94.
32. Other Members share a similar experience. In the DSU Review, a Member stated that the consultation stage is used as a 'mere procedural phase in panel processes'.
33. Korea is of the view that safeguard measures originally provided for in Article XIX may only be applied in accordance with the rules established under the Agreement on Safeguards. Korea believes that the Agreement on Safeguards and Article XIX must be read together and applied in accordance with the provisions of the Agreement on Safeguards. The Appellate Body has established that, taken together, provisions of the GATT 1994 and the WTO Agreements create a new 'package of rights'. Therefore, the provisions of Article XIX have been defined, clarified and modified according to the new 'package of rights' applicable under the Agreement on Safeguards. Korea is also of the view that in the event of a conflict between GATT 1994 and the WTO Agreements, the General Interpretative Note to Annex 1A, which states that the latter is to prevail, is controlling. Thus, to the extent that there is a conflict between Article XIX and the Agreement on Safeguards, the conflict must be resolved in favor of the Agreement on Safeguards.
34. Korean Liquor Taxes Panel Report, para. 10.17.
35. Numerous proposals have been made in the DSU Review to strengthen a third party's rights, including the right to have access to all documents submitted during the dispute and to make as many written submissions as the original disputants.
36. DSU, Article 4.11.
37. Id.
38. DSU, Article 10.3.
39. DSU, Article 17.4.
40. DSU, Article 8.7.
41. In the Japanese Liquor Taxes case, one panelist was a teetotaller.
42. Case No. IV/30,570, Sole Distribution Agreement for Whisky and Gin, 13 December 1995. In addition to the Commission case involving whisky and gin, the Commission Decision of 22 January 1997 in Case No. IV/M.794 Coca-Cola/Amalgamated Beverages declared that the relevant market was cola-flavored carbonated soft drinks.
43. The pre-tax price differential was emphasized because in the 1996 Japanese Liquor Taxes case, the Panel, in rejecting an evidence submitted by Japan, stated that the survey 'failed to take into account price distortions caused by internal taxation. In other words, consumers' choices were sought within the existing price regime (which is the subject matter of the current dispute), and not independently of it.' See para. 6.31. Korea was of the view that the Panel's argument in the Japanese Liquor Taxes case - that a government's tax policies may freeze consumer preferences in favor of domestic product - would not be applicable if there were a large pre-tax price difference between soju and whisky.
44. In antitrust law, price is one of the criteria assessed to determine whether products compete. This principle is reflected in numerous ECJ and Commission cases, including Aerospatiale-Alenial deHavilland, Case No. IV/M.053, 2 October 1991. Interestingly, in the Korean Liquor Tax case, the Panel stated in para. 10.97 that '[t]he current price levels are probably the most telling evidence contrary to complainants assertions.' In the Japanese Liquor Taxes case, the Panel states that when determining whether two products compete against each other, 'the relevant information includes prices, quantities, and income'. See para. 6.31.
45. Article 8.3 of the DSU states that 'citizens of Members whose governments are parties to the dispute . . . shall not serve on a panel concerned with that dispute, unless the parties to the dispute agree otherwise.'
46. It is noteworthy that in Form A/B, an integral part of the Commission Regulation No. 3385/94 of 21 December 1994, Part 11.2.2 asks the applicant to list products which are close economic substitutes. The form then states in a footnote: 'For example, assume two companies active in the luxury watch sector conclude a research and development agreement. They both manufacture watches costing ECU 1,800 to 2,000. Close economic substitutes are likely to be watches of other manufacturers in the same or similar price category, and these will be taken into account when defining the relevant product market. Cheaper watches, and in particular disposable plastic watches, will be imperfect substitutes, because it is unlikely that a potential purchaser of an ECU 2,000 watch will turn to one costing ECU 20 if the expensive one increased its price by 5%.'
47. DSU, Article 8.7.
48. The WTO's 'Most Individual Contribution' (visited on 2 February 1999) 〈http://www.wto.org/wto/about/dispute1.htm〉.
49. WT/DS99/1, above n 5.
50. In the DSU Review, proposals were made to give the Appellate Body the power to remand cases. This will be easier once professional panelists have been appointed. If Members do not approve of maintaining professional panelists, then amendment can be made to have the panelists, at the time of their selection, remain available to consider any remand which the Appellate Body may have, or that a new (unprejudiced) panel can be established at very short notice after a remand ruling of the Appellate Body.
51. One of the reasons cited for the short time period for the responding party is the proposed timetable set forth in Appendix 3 which suggests 2-3 weeks be given to the party complained against to respond. Members should bear in mind that this is a proposed timetable and not a binding schedule.
52. Korean Liquor Taxes Panel Report, para. 10.7.
53. Id. at para. 2.20.
54. Id. at para. 10.4.
55. Id. at paras. 10.4 and 10.8.
56. Mexico provided some evidence for tequila.
57. Korean Liquor Taxes Appellate Body Report, para. 14.
58. Japanese Liquor Taxes Panel Report, para. 6.22, confirmed by the Appellate Body, at 23.
59. Indonesia - Automobile Panel Report, para. 14.1.
60. Japanese Liquor Taxes Panel Report, para. 6.10.
61. Id.
62. United States - Measures Affecting Imports of Woven Wool Shirts and Blouses from India, AB-1997-1, WT/DS33/AB/R (Panel and Appellate Body Reports adopted on 23 May 1997), at 13-14.
63. Korean Liquor Taxes Panel Report, para. 10.57.
64. BISD 39S/206 (adopted on 19 June 1992).
65. Japanese Liquor Taxes Appellate Body Report, at 25.
66. Id.
67. Korean Liquor Taxes Panel Report, para. 10.48.
68. Id. at paras. 10.46 and 10.76.
69. Id. at para. 10.64.
70. Id. at para. 10.63.
71. Id. at para. 10.64.
72. Market surveys are important because the Japanese Liquor Taxes case stressed that because consumers' taste differs from country to country, the local marketplace must be considered to determine whether two products are directly competitive or substitutable products.
73. Korea introduced the EC Guide because it was a survey conducted outside the context of the panel proceeding and therefore neutral. Korea felt that two findings of the survey were especially relevant in showing that soju and imported spirits are not directly competitive or substitutable products and that the Korean alcoholic beverage market was not distorted by government intervention. The Guide found that 'Soju in particular remains unaffected by imported alcoholic drinks. Furthermore, soju is insulated from economic downturns and maintains loyal following of steady consumers.' The Guide also states that 'the Korean alcohol market is no longer a market protected by the government with market shares contested by local producers. In fact, it is becoming a truly global market where multinational companies convene to compete with one another for the lucra-tive and promising Korean market.'
74. Japanese Liquor Taxes Panel Report, paras. 4.167-4.179.
75. Korean Liquor Taxes Panel Report, para. 10.46.
76. DSU, Appendix 3, para. 3.
77. DSU, Appendix 3, para. 5. In the second oral hearing, the defendant party has the right to take the floor fast. See Appendix 3, para. 7.
78. DSU, Appendix 3, para. 8.
79. WT/DS56/R (25 November 1997), para. 6.55.
80. In the DRAMs case, the issuance of the interim report was postponed three times for a period of four weeks. In this regard, although a minor point, panels in practice do exceed the strict time limit imposed by Article 12.9 of the DSU which states that 'In no case should the period from the establishment of the panel to the circulation of the report to the Members exceed nine months.' In the DSU Review, the provision of Article 12.9 should be amended to reflect the delays which take place from time to time.
81. EC Measures Concerning Meat and Meat Products (Hormones), AB-1997-4, WT/DS26/AB/R, WT/DS48/AB/R (16 January 1998), para. 133.
82. Thomas Cottier, 'Dispute Settlement in the World Trade Organization: Characteristics and Structural Implications for the European Union', 35 Common Mkt. L. Rev. 325, 342 (1998).
83. DSU, Article 17.4.
84. DSU, Article 16.4.
85. Appellate Body Rule XXI.
86. Appellate Body Rule XXII(1).
87. Appellate Body Rule XXVII(1).
88. Appellate Body Rule XXI(1).
89. Appellate Body Rule XXII(1).
90. 'U.S., EU Agree to Hold Talks in Effort to Reach Banana Compromise', International Trade Reporter 16, no. 4, 27 January 1999.