Talking Disputes No. 11 | The Peru – Agricultural Products Dispute

Описание: This event will introduce the recent WTO panel 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 panel reviewed inter alia, Peru’s argument that pursuant to a Free Trade Agreement (FTA) signed by the parties, Peru could maintain its PRS and thus Guatemala cannot, in good faith, challenge the PRS in WTO dispute settlement proceedings.

The panel found that Guatemala did not violate its obligation to act in good faith in WTO dispute proceedings. Moreover, because the FTA had not entered into force, the panel did not consider it necessary to examine whether the relevant provisions of the FTA modify the rights and obligations between the parties under the WTO covered agreements. The panel ruled that Peru violated Article 4.2 of the Agreement on Agriculture by maintaining measures that were required to be converted into ordinary customs duties. In addition, the panel held that, in imposing the additional duties resulting from the PRS without registering them in Peru’s Schedule of Concessions, Peru acted inconsistently with Article II:1(b) of the GATT 1994.

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.