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Digest

WTO Committee on Technical Barriers to Trade (TBT) Concludes its Review Report

On November 9th, following two years of preparatory work, the TBT Committee adopted its Fourth Triennial Review Report. The Report provides an overview on the implementation and administration of the TBT Agreement and sets out future objectives, addressing mainly issues of regulatory practice, conformity and transparency.

For further information and access to the Report: http://www.wto.org/english/tratop_e/tbt_e/meeting_nov06_e.htm

Digest

The Court of First Instance Upholds an Antidumping Measure Imposed by the EU on Chinese Imports of Ferro Molybdenum

In its decision issued on November 14, the Court of First Instance of the European Union (EU) rejected an action brought in 2002 by Nanjing Metalink, a Chinese company importing ferro molybdenum into the EU. Nanjing Metalink sought annulment of a provision of a Council Regulation imposing definitive anti-dumping duties on imports of ferro molybdenum originating in the People’s Republic of China. More information about the case is available here.

Digest

The European Court of Human Rights Considers the Legality of KFOR and UNMIK Actions in Kosovo

On November 15, the European Court of Human Rights began hearings in the case of Saramati v. France, Germany and Norway. Between April 2001 and October 2002, Mr. Saramati, a Kosovar of Albanian origin, was detained by orders of UNMIK and KFOR officers who were of French, German or Norwegian nationality. He was convicted of attempted murder but his conviction was later quashed by the Supreme Court of Kosovo and a re-trial was ordered. Mr. Saramati claims that France, Germany and Norway violated several provisions of the European Convention of Human Rights related to life and security on one hand and to fair trial on the other. More information is available here.

Digest

ECtHR Considers France’s Responsibility for 1999 NATO Bombing in Kosovo

On November 15, the European Court of Human Rights began hearings in the case of Behrami v. France. Mr. Behrami, a Kosovar, alleges France’s responsibility for the death of one of his sons and for serious injuries suffered by his second son. Both events occurred in 2000 while the two children were playing with unexploded cluster bombs, dropped during the NATO bombing raids of 1999. During the operation France was in command of multinational forces operating in the sector. More information about the case is available here.

Digest

WTO Appellate Body Rules on US-EU Customs Dispute

The WTO Appellate Body ruled that the United States could challenge the collective implementation of EU customs regulations, but declined to rule whether or not the state-by-state EU system of regulation violated commitments to uniformity under WTO agreements. More particularly, the Appellate Body upheld a lower ruling that non-uniform EU regulation of customs on LCD monitors violated WTO commitments. The appellate body report, WT/DS315/AB/R, is available at http://www.wto.org/english/tratop_e/dispu_e/cases_e/ds315_e.htm.

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