Rice Age: Comments on the Panel Report in Turkey – Measures Affecting the Importation of Rice

David A. Gantz and Simon A. B. Schropp

World Trade Review, 2009, vol. 8, issue 1, 145-177

Abstract: At face value, Turkey–Rice is not the most complex or important WTO dispute ever litigated. The facts of the case give strong reason to believe that Turkey's restrictions on rice imports from the United States were not GATT-consistent. Turkey's steadfast refusal to provide exonerating evidence in its defence and the Panel's drawing of appropriate inference were probably the most remarkable issues of the case. Nevertheless, Turkey–Rice raises at least one interesting legal and economic question: How ‘activist’ are dispute panels today, and how interventionist should they be during the litigation process? We discuss the justification and role of activist panels and assess the consequences for parties' strategic behavior and incentive to provide accurate information.

Date: 2009
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