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United States - Imposition of Countervailing Duties on Certain Hot-Rolled Lead and Bismuth Carbon Steel Products Originating in France, Germany and the United Kingdom, European Community v United States, Panel report, SCM/185, ITL 074 (GATT 1994), 15th November 1994, World Trade Organisation [WTO]; General Agreement on Tariffs and Trade (historical) [GATT]

Reporter(s)

Diego Germán Mejía-Lemos

United States - Imposition of Countervailing Duties on Certain Hot-Rolled Lead and Bismuth Carbon Steel Products Originating in France, Germany and the United Kingdom, European Community v United States, Panel report, SCM/185, ITL 074 (GATT 1994), 15th November 1994, World Trade Organisation [WTO]; General Agreement on Tariffs and Trade (historical) [GATT]

From: Oxford Public International Law (http://opil.ouplaw.com). (c) Oxford University Press, 2015. All Rights Reserved.date: 20 February 2019

Whether, and to what extent, the Panel should take into account, in its consideration of matters of interpretation, exclusively customary rules of international law on treaty interpretation or also a standard of reasonableness, especially regarding matters not specifically addressed in the Agreement on Interpretation and Application of Articles VI, XVI and XXIII of the General Agreement on Tariffs and Trade.

Whether and, if so, under what conditions, action by private parties could be considered indirect action of public authorities, in connection with the issue of whether debt written off by private banks in the territory of a signatory could be considered a subsidy indirectly bestowed by the government, within the meaning of Footnote 4 to Article 1 of the Agreement on Interpretation and Application.

Whether for the purposes of interpretation of the Agreement on Interpretation and Application, particularly provisions regarding countervailing duties, public policy of a signatory’s government had to be taken into account.

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