DISPUTE SETTLEMENT MODULE REGIONAL PERSPECTIVE: PARTICIPATION OF AFRICAN MEMBER STATES IN WTO DISPUTE SETTLEMENT Presentation to the Africa Policy Dialogue Geneva, 29-30 September 2014 Willie Chatsika Institute for Training & Technical Cooperation WTO Secretariat
Participation of African Members in consultations Country Dispute Number Dispute Name Congo, Cote d Ivoire, Kenya, Madagascar, Malawi, Mauritius, Swaziland, Zimbabwe DS265 and DS266 Cote d Ivoire DS27 EC Bananas South Africa Egypt DS168 DS288 DS374 DS439 DS205 DS211 DS305 DS327 EC Export Subsidies on Sugar SA Pharmaceuticals SA Blanketing SA Paper SA Frozen Meat of Fowls Egypt Canned Tuna Egypt Steel Rebar Egypt Textiles and Apparel Egypt - Matches 2
Participation of African Members as respondents Only Egypt has participated as respondent in panel proceedings One panel report issued: Egypt Steel Rebar (DS211) One notification of a Mutually Agreed Solution following establishment of a panel: Egypt Matches (DS327) 3
Participation of African Members as third parties Country Dispute Number Dispute Name Benin DS267 US Upland Cotton Cameroon DS27 EC - Bananas Chad DS267 US Upland Cotton Cote d Ivoire Egypt DS27 DS265, DS266, and DS283 DS141 DS260 DS334 DS350 Ghana DS27 EC - Bananas EC - Bananas EC Export Subsidies on Sugar EC Bed Linen EC Provisional Steel Safeguards Turkey Rice US Continued Zeroing Kenya DS265, DS266, and DS283 EC Export Subsidies on Sugar 4
Participation of African Members as third parties Country Dispute Number Dispute Name Madagascar Malawi Mauritius Namibia DS27 DS265, DS266, and DS283 DS265, DS266, and DS283 DS434,435,467 DS132 DS246 DS265, DS266, and DS283 DS401 Nigeria DS58 US - Shrimp Senegal DS27 DS58 EC Bananas EC Export Subsidies on Sugar EC Export Subsidies on Sugar Australia Tobacco products Mexico Corn Syrup EC Tariff Preferences EC Export Subsidies on Sugar EC - Seals EC Bananas US - Shrimp 5
Participation of African Members as third parties Country Dispute Number Dispute Name South Africa Swaziland Tanzania Zimbabwe DS357 DS365 DS265, DS266, and DS283 DS265, DS266, and DS283 DS135 DS434,435,467 US Agriculture Subsidies (Canada) US Agriculture Subsidies (Brazil) EC Export Subsidies on Sugar EC Export Subsidies on Sugar EC Asbestos Australia Tobacco products
Participation of African Members as panelists 16 panelists from African countries: South Africa: 10 Egypt: 3 Mauritius: 1 Morocco: 1 Zambia: 1 Subject matter of disputes: GATT 1994, subsidies, anti-dumping, TBT, SPS 7
Participation of African Members as panelists (Egypt) Name Served as Dispute Number Dispute Name Abdel-Fattah, Mr Maamoun (Egypt) Panel Chair DS22 Brazil Dessicated Coconut Panel Chair DS54, DS55, DS59, DS64 Indonesia Autos Panel Member DS70 Canada Aircraft Panel Member DS70 Canada Aircraft (Article 21.5-Brazil) Panel Chair DS166 US Wheat Gluten Panel Member DS217, DS234 US Offset Act (Byrd Amendment) Panel Member DS217, DS234 US Offset Act (Byrd Amendment) (Article 22.6- US) 8
Participation of African Members as panelists (Egypt) Name Served as Dispute Number Abdel-Fattah, Mr Maamoun Dispute Name Panel Member DS219 EC Tube or Pipe Fittings El-Naggar Mr Said (Egypt) Panel Chair DS273 Korea Commercial Vessels Shahin, Ms Magda (Egypt) Panel Member DS69 EC Poultry 9
Participation of African Members as panelists (Mauritius) Name Served as Dispute Number Dwarka-Canabady, Ms Usha (Mauritius) Panel Member DS166 Panel Member DS222 Panel Member DS222 Panel Member DS294 Panel Member DS294 Dispute Name US Wheat Gluten Canada Aircraft Credits and Guarantees Canada Aircraft Credits and Guarantees (Article 22.6 Canada) US Zeroing (EC) (Article 21.5 EC) US Zeroing (EC) (Article 22.6 US) 10
Participation of African Members as panelists (Morocco) Name Served as Dispute Number Benjelloun-Touimi, Mr Mohamed Nacer (Morocco) Dispute Name Panel Chair DS210 Belgium Rice Panel Chair DS315 EC Selected Customs Matters 11
Participation of African Members as panelists (Zambia) Name Served as Dispute Number Darlington Mwape Panel Member DS431, 432 & 433 Dispute Name China Rare earths 12
Participation of African Members as panelists (South Africa) Name Served as Dispute Number Blumberg, Mrs Leora Dispute Name Panel Member DS98 Korea Dairy (South Africa) Panel Member DS165 US Certain EC Products Panel Member DS344 US Stainless Steel (Mexico) Erwin, Mr Alexander (South Africa) Panel Member DS412 Canada Renewable Energy Generation Sector Heukelman, Mr Jan Panel Member DS341 Mexico Olive Oil (South Africa) Panel Member DS414 China - GOES 13
Participation of African Members as panelists (South Africa) Name Served as Dispute Number Human, Mr Johannes Dispute Name Panel Member DS24 US Underwear (South Africa) Panel Member DS34 Turkey Textiles Panel Chair DS136, 162 US 1916 Act Panel Chair DS156 Guatemala Cement II Jacobsz, Mr Thinus (South Africa) Panel Member DS299 EC Countervailing Measures on DRAM Chips Panel Member DS316 EC Large Civil Aircraft Panel Member DS379 US Anti-Dumping and Countervailing Duties (China) 14
Participation of African Members as panelists (South Africa) Name Served as Dispute Number Jordaan, Mr Daniel Jacobus (South Africa) Dispute Name Panel Member DS301 EC Commercial Vessels Kirsten, Mr Johann Frederick (South Africa) Panel Member DS334 Turkey Rice McCarthy, Prof Colin (South Africa) Panel Member DS87, DS110 Chile Alcoholic Beverages Swart, Mr Attie (South Africa) Panel Member DS72 EC Butter 15
Participation of African Members as panelists (South Africa) Name Served as Dispute Number Dispute Name Unterhalter, Mr David (South Africa) Panel Member DS244 US Corrosion- Resitant Steel Sunset Review Panel Member DS281 US Anti- Dumping Measures on Cement Panel Member DS317 US Large Civil Aircraft I Panel Chair DS322 US Zeroing (Japan) 16
Participation of African Members as AB Members Name Nationality Term of office David Unterhalter South Africa 12/12/2009 11/12/2013 31/07/2006 11/12/2009 Georges Michel Abi-Saab Egypt 2004 2008 2000 2004 Said El-Naggar Egypt 1999 2000 1995-1999 Shree Baboo Chekitong Servansing (endorsed by Members on 26.09.14) Mauritius 2014-2018 17
African Members yet to participate in DS Angola Botswana Burkina Faso Burundi Cape Verde Central African Republic DR Congo Djibouti Gabon Gambia Guinea Guinea-Bissau Lesotho Mali Mauritania Morocco Mozambique Niger Rwanda Sierra Leone Togo Tunisia Uganda 18
The End THANK YOU! 19