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Japan — Taxes on Alcoholic Beverages, Japan v United States, Appellate Body Report, WT/DS8/AB/R, WT/DS10/AB/R, WT/DS11/AB/R, Report No AB-1996-2, Doc No 96-3951, DSR 1996:I, 97, ITL 106 (WTO 1996), 4th October 1996, World Trade Organisation [WTO]; Appellate Body

From: Oxford Public International Law (http://opil.ouplaw.com). (c) Oxford University Press, 2015. All Rights Reserved.date: 24 February 2020

Whether the World Trade Organization (‘WTO’) Dispute Settlement Body considered Articles 31 and 32 of the Vienna Convention on the Law of Treaties (‘VCLT’) as norms of customary international law and thus applicable to the dispute.

Whether the Panel’s finding that ‘panel reports adopted by GATT contracting parties and the WTO Dispute Settlement Body constitute subsequent practice in a specific case’ under Article 31(3)(b) of the VCLT, and that adopted panel reports in themselves constituted ‘other decisions of the Contracting Parties to the GATT 1947’ for the purposes of Article 1(b)(iv) of the GATT 1994

Whether the Panel erred in its characterization of panel reports adopted by the GATT contracting parties and the WTO DSB as ‘subsequent practice in a specific case by virtue of the decision to adopt them’.

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