An Affiliate of the World Trade Institute
Talking Disputes | The Peru - Agricultural Products Dispute (co-hosted with ICTSD)
September 29, 2015 - 12:45pm - 3:00pm
WTO Room S3
Moderator: Darlington Mwape, International Centre for Trade and Sustainable Development (ICTSD)
Carolina Palma, University of Costa Rica; World Trade Institute (WTI)
- Malgosia Fitzmaurice, Queen Mary University of London
This event will discuss the recent WTO Appellate Body report on Peru – Agricultural Products (DS457). In this dispute, Guatemala challenged additional duties imposed by Peru on imports of certain agricultural products through a “Price Range System” (PRS).
The dispute also dealt with the issue of whether Guatemala’s claims were brought in good faith under Articles 3.7 and 3.10 of the DSU, and whether, through the Peru-Guatemala Free Trade Agreement (FTA), the parties have modified their reciprocal WTO rights and obligations. The Appellate Body upheld most of the panel’s conclusions and found inter alia that Guatemala did not, through the FTA, waive its right to bring a claim in the WTO against Peru. The Appellate Body ruled that the FTA and the International Law Commission's Articles on Responsibility of States for Internationally Wrongful Acts (ILC Articles) cannot be used to interpret Article 4.2 of the Agreement on Agriculture and Article II:1(b) of the GATT 1994 as allowing the maintenance of the PRS. Peru’s PRS was ultimately found by the Appellate Body to be WTO-inconsistent. After a presentation on the key findings of the Appellate Body, the experts will provide comments and engage in a discussion from different angles: WTO law, public international law, FTA negotiation practices, and economic implications in the context of implementation.
Talking Disputes is designed to allow for the discussion of specific WTO disputes by experts and interested professionals from relevant fields. One or two experts present key aspects of the case, setting the stage for a targeted discussion, and designated discussants provide substantive comments.
Venue: Room S3, World Trade Organization (WTO), Rue de Lausanne 154, 1202 Geneva
This event will also be streamed live online on the ICTSD event page. Online viewers may send questions through Twitter using the hash tag #TalkingDisputes, @ICTSDTradeLaw, or through the comment section on the ICTSD site. Selected questions will be read and addressed by the speakers during Q&A session.
[The views and opinions expressed in the event are those of the experts and do not necessarily reflect those of ICTSD and WTIA.]