Mexico tax measures on soft drinks and other beverages


Issues Raised in This Appeal



Download 334 Kb.
Page9/18
Date23.02.2021
Size334 Kb.
1   ...   5   6   7   8   9   10   11   12   ...   18

Issues Raised in This Appeal


          1. The following issues are raised in this appeal:

(a) whether the Panel erred in concluding that a WTO panel "has no discretion to decide whether or not to exercise its jurisdiction in a case properly before it"1 and, if so, whether the Panel erred in declining to exercise that discretion in the circumstances of this dispute;

(b) whether the Panel erred in concluding that Mexico's measures do not constitute measures "to secure compliance with laws or regulations", within the meaning of Article XX(d) of the GATT 19942; and



(c) whether the Panel failed to make an objective assessment of the facts of the case, as required by Article 11 of the DSU, in concluding that "even if the assumption were to be made in the abstract that international countermeasures are potentially capable of qualifying as measures designed to secure compliance", within the meaning of Article XX(d) of the GATT 1994, "Mexico has not established that its measures contribute to securing compliance in the circumstances of this case."3



  1. Share with your friends:
1   ...   5   6   7   8   9   10   11   12   ...   18




The database is protected by copyright ©essaydocs.org 2020
send message

    Main page