Book Description

Although the United States has complied with adverse rulings in many past World Trade Organization (WTO) disputes, 14 cases are pending in which rulings have not yet been implemented or the United States has taken action and the dispute has not yet been settled. A WTO Member found to have violated a WTO obligation will generally be given a reasonable period of time to comply. While the Member is expected to withdraw the offending measure, compensation and temporary retaliation are available if the Member has not complied by the established deadline. As a result of the 2004 repeal of the WTO-inconsistent Extraterritorial Income Exclusion Act (American Jobs Creation Act, P.L. 108-357), complainant European Communities (ECs) suspended the WTO-authorized tariffs it had been imposing but also secured a compliance panel, which in September 2005 faulted transition and grandfather provisions in the new law; the AB upheld the panel in February 2006. The United States has not yet complied in a case faulting a trademark statute affecting property confiscated by Cuba. S. 328, S.Amdt. 281 to S. 600, H.R. 208, H.R. 579, and H.R. 719 would repeal the provision; S. 691 would amend the law. Legislation to amend a statute involving the ...