How Easy Is an Easy Case for a Complainant? Comment on US–Zeroing (Korea) DS402

Jorge A. Huerta-Goldman

World Trade Review, 2013, vol. 12, issue 2, 427-431

Abstract: This article is about how easy a WTO case is when the defendant concedes the claims, the description of the facts, and the evidence presented by the complainant. In US–Zeroing (Korea), the United States did just that. We explore whether Korea obtained any additional benefit by having an easy case. We identified some small benefits at the preparation stage of the case arising from the favourable precedents and shorter time frames only at the Panel stage. There were, however, some additional costs for the complainant stemming from the Panel's reasoning when it addressed case law. In our opinion, benefits were few. Korea was obliged in any case to engage in two years of multilateral procedures before three old measures, which were not defended by the defendant, were revoked.

Date: 2013
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