(Luận văn) third party in the wto dispute settlement system international experiences and lessons for vietnam

MIMISTRY OF EDUCATION AND TRAINING FOREIGN TRADE UNIVERSITY MASTER THESIS lu an n va tn to THIRD PARTY IN THE WTO DISPUTE p ie gh SETTLEMENT SYSTEM: INTERNATIONAL d oa nl w EXPERIENCES AND LESSONS FOR VIETNAM lu nf va an Specialization: The master of International Trade Policy and Law z at nh oi lm ul z @ m co l gm NGUYEN THI NGOC HA an Lu Ha Noi - 2019 n va ac th si MIMISTRY OF EDUCATION AND TRAINING FOREIGN TRADE UNIVERSITY MASTER THESIS lu an n va tn to THIRD PARTY IN THE WTO DISPUTE ie gh SETTLEMENT SYSTEM: INTERNATIONAL p EXPERIENCES AND LESSONS FOR VIETNAM oa nl w Major: International economics d nf va an lu Specialization: The master of International Trade Policy and Law Code: 8310106 z at nh oi lm ul : Nguyen Thi Ngoc Ha Supervisor : Dr Nguyen Ngoc Ha z Full name m co l gm @ an Lu n va Ha Noi - 2019 ac th si i ACKNOWLEDGEMENT I’d like to thank Dr Nguyen Ngoc Ha, my supervisor during the research period, for his patient guidance and support I admire not only his academic knowledge but also his personal qualities I would also like to thank my teacher Ms Nguyen Hong Vinh and the Faculty of University – Foreign Trade University, for giving me the opportunity to carry on my advanced studies and for their ultimate support lu I would like to thank everyone in the class MITPL5 for their support in the an course of the program va n Finally, I would like to thank all my family members, friends and colleagues This thesis studies on the third party in the WTO dispute system is not new but p ie gh tn to who have given me valuable support during my studies w a very complicated issues required various knowledge, skills and practical oa nl experiences Thus, the thesis has the inevitable shortcomings and limitations I look forward to receiving valuable comments for improving the thesis d nf va an lu Sincerely, Hanoi, 2019 lm ul The Author z at nh oi z m co l gm @ Nguyen Thi Ngoc Ha an Lu n va ac th si ii CERTIFICATION I hereby certify that the thesis with the title: “Third party in the WTO Dispute Settlement System: International Experiences and Lessons for Vietnam” is my own research and does not reproduce any other materials The data indicated in the thesis is clear, accurate and are collected from the confident sources of information The Author lu an n va Nguyen Thi Ngoc Ha p ie gh tn to d oa nl w nf va an lu z at nh oi lm ul z m co l gm @ an Lu n va ac th si iii TABLE OF CONTENT ACKNOWLEDGEMENT i TABLE OF ABBREVIATIONS v LIST OF CHART/ TABLE vi INTRODUCTION .1 CHAPTER 1: THIRD PARTY INTERVENTION IN THE WTO DISPUTE SETTLEMENT SYSTEM 1.1 Overview of the WTO dispute settlement system of WTO 1.1.1 History of the establishment and development of the WTO dispute lu settlement system an 1.1.2 Principles of WTO dispute settlement system .8 va n 1.1.3 Dispute settlement Bodies .11 1.2 WTO rules on third party intervention 25 ie gh tn to 1.1.4 Dispute settlement process 16 p 1.2.1 Identification 25 nl w 1.2.2 Conditions for becoming a third party 26 oa 1.2.3 The third party status in each stage of dispute settlement .26 d 1.2.4 The role of third party intervention 30 lu nf va an CHAPTER 2: PRACTICES INVOLVED IN DISPUTE SETTLEMENT AS THIRD PARTY OF SOME WTO MEMBERS 32 lm ul 2.1 The developed country members 35 z at nh oi 2.1.1 Japan .36 2.1.2 The United States of America 39 2.2 The developing countries members .43 z @ 2.2.1 China 46 l gm 2.2.2 India .52 2.2.3 Thailand 54 co m 2.3 General evaluation and lessons for Vietnam .55 an Lu 2.3.1 General evaluation 55 2.3.2 Lessons for Vietnam .57 n va ac th si iv CHAPTER 3: PRACTICES OF VIETNAM INTERVENTION AS THIRD PARTY IN THE WTO DISPUTE SETTLEMENT SYSTEM AND RECOMMENDATIONS 59 3.1 Practices of Vietnam’s intervention as third party 59 3.1.1 Classification 59 3.1.3 Legal basis and mechanisms of participation in Vietnam 65 3.2 General evaluation and some orientation for Vietnam 72 3.2.1 Evaluation of achieved results .72 3.2.2 Some orientation for Vietnam 75 3.3 Recommendations .79 lu an 3.3.1 For the Government 79 va 3.3.2 To enterprises 85 n tn to CONCLUSION 88 gh REFERENCES 90 p ie APPENDIX 93 d oa nl w nf va an lu z at nh oi lm ul z m co l gm @ an Lu n va ac th si v TABLE OF ABBREVIATIONS lu an n va AB Appellate Body ACWL Advisory Centre for WTO Law AD Anti- Dumping DSB Dispute Settlement Body DSM Dispute Settlement Mechanism DSS Dispute Settlement System DSU Dispute Settlement Understanding EU European Union GATT General Agreement on Tariffs and Trade tn to 10 MFN Most Favoured Nation gh Subsidies and Countervailing Measures p ie 11 SCM Snaitary and Phytosanitary Measures oa 13 SPS Safeguard nl w 12 SG d 14 TRIMs Trade-Related Investment Measures an lu Trade-Related to Aspects of Interllectual Property Rights 16 US United State 17 WTO World Trade Organization nf va 15 TRIPs z at nh oi lm ul z m co l gm @ an Lu n va ac th si vi LIST OF CHART/ TABLE Chart 1.1: WTO Dispute Settlement Process 15 Chart 2.1: WTO members most involved in disputes, 1995 to 2017 32 Chart 3.1: Participate as a third party of Vietnam 60 Table 2.1: Top countries access WTO DSS as third party 33 Table 2.2: World’s export countries in 2017 33 Table 2.3: World’s import countries 2017 33 Table 2.4: Participate as a third party of developed members .36 lu Table 2.5: Participate as a third party of developing members 46 an n va p ie gh tn to d oa nl w nf va an lu z at nh oi lm ul z m co l gm @ an Lu n va ac th si vii ABSTRACT The thesis provides a theoretical overview of third party invention in the WTO Dispute Settlement System We’ll have the knowledge about WTO Dispute Settlement System, identification of third party and the rights and role of the third parties in a dispute case The thesis also carefully studies the practices of some WTO member both developed and developing countries (Japan, the USA, China, India, and Thailand) that frequently involved in WTO Dispute Settlement System as a third party The lu studies show the root reason, the benefit which these members get when they an va participate as a third party and the way they organize the related resources and n building regulation and law tn to gh The thesis analyzes the practice of Vietnam intervention as a third party in the WTO p ie Settlement System, its achieved results and restrictions until now From these characteristics of Vietnam and international experiences gives the orientations and oa nl w proposes some recommendations to improve Vietnam’s participation in the WTO Dispute Settlement System d nf va an lu z at nh oi lm ul z m co l gm @ an Lu n va ac th si INTRODUCTION Research rationale Every economy that wants to grow and develop must participate in international trade activities, participate in the international economy Thanks to bilateral and multilateral economic agreements, the international economy is increasingly developing and closely linked to benefits In which, there are over 95% of world trade activities currently governed by the World Trade Organization’s (WTO) Agreements1 This international organization was established and operated since January 1st, 1995 with the goal of establishing and managing a free and transparent global trade lu an This organization inherits, develops the rules, and practices implementing the n va General Agreement on Trade and Tariffs - GATT 1947 (limited to trade in goods tn to only) and is a direct result of the Uruguay Round (covering the areas of trade in goods, gh services, intellectual property and investment As of March, 2019, this organization p ie has 164 members Through agreements, countries have an opportunity to cooperate w not only in trade but also in some social fields oa nl However, deeper participation in the world economy will breed conflicts of d interest among member countries These conflicts sometimes become cornerstones lu nf va an that prevent trade flows between nations To ensure the full and serious implementation of the provisions of the Agreement, prevent trade measures that lm ul violate the Agreements, contribute to the implementation of the WTO's great z at nh oi objectives, a disputes settlement system within this organization have been established This mechanism is the realization of the trend of legalizing the process of settling international trade disputes today, gradually replacing the methods of z resolving political and diplomatic disputes in this area WTO has one of the most @ gm active international dispute settlement system in the world Since 1995, over 500 m co l disputes have been brought to WTO and over 350 rulings have been issued2 an Lu n va Ian F Fergusson, “The World Trade Organization: Background and Issues”, CRS Report for Congress, Updated May 9, 2007, available at: https://nationalaglawcenter.org/wp-content/uploads/assets/crs/98-928.pdf (consulted on 12 December 2018) https://www.wto.org/english/tratop_e/dispu_e/dispu_e.htm (consulted on 15 February 2018) ac th si 81 and working for the local State Unlike in Vietnam, the legal profession is classified as a social-occupational group and is located in a private sector that is not on the payroll in the State Even according to the provisions of Clause 4, Article 17 of the Law on Lawyers 2006, public servants and employees of one of the groups are not granted a lawyer practice certificate This is also a regulation to propose amendments and supplements to the National Assembly to create a legal basis for public lawyers to form in the near future for Vietnam 3.3.1.3 Regarding capacity building for early forecast / warning system The early warning system is the product of developed countries since the birth lu of GATT 47 Accordingly, the early warning system will help the Government in an va general and enterprises in particular (i) Early identification of threats / risk of being n investigated to apply anti-dumping measures on exports before formally filed a gh tn to petition from foreign manufacturing industries; (ii) Enterprises have sufficient time ie and conditions to promptly adjust to eliminate threats and actively deal with p investigations by relevant foreign bodies The direct beneficiaries of this system are nl w export enterprises They will have access to information and data on the import and d oa export of key goods into the main markets They will also be alerted if there is a risk an lu of trade defense lawsuits and advice to prevent lawsuits as well as minimize damages in the event of a lawsuit nf va Vietnam officially opened this system in 2010, but the results can be said to be lm ul modest In the coming time, the Government needs to invest appropriately in this z at nh oi system, including many stages from buying commercial information, upgrading commercial databases, analyzing case law, promoting the "forward" role of z representative offices abroad @ l gm 3.3.1.4 Strengthening the capacity of overseas missions The current representative of Vietnam in Geneva is the part-time officers with co m alternate terms From studying successful models from the permanent missions of should note the following policies: an Lu major countries such as the United States, EU, Russia, Japan Our Government n va ac th si 82  Increase the number of legal officers at the Permanent Mission Investing and equipping lawyers / legal experts in representative offices, especially in Geneva, New york, Brussels - are important frontier areas involved in dispute resolution international commerce  Balancing the policy of staff rotation at the Mission to ensure they have sufficient time to accumulate experience, monitor and handle long-standing disputes at the WTO 3.3.1.5 Developing strategies and mechanisms for deeper and more active participation in the DSB lu an The Government should develop a roadmap for Vietnam to step by step deeply n va participate in the operation of the WTO Dispute Settlement Body (appoint experts to DSU negotiating groups ) On the other hand, as a third party, Vietnam needs to diversify the types of p ie gh tn to join the Panel, to stand for the Dispute Settlement Body, Chairman of DSB, chair of w disputes that it participates in Not only that, it is necessary to actively participate by oa nl having their own opinions Currently, if Vietnam has an opinion, it will only participate in the Panel period We need to make full use of the right to participate d nf va an lu and have opinions in other sections such as consultations, appeals and enforcement The consultation phase is the initial stage of the dispute resolution process, the lm ul practice shows that many disputes have been resolved by the parties at this stage z at nh oi Settling quickly and effectively disputes is the goal of the parties Participating as a third party at this initial stage will enable Vietnam to quickly access information, legal grounds, and arguments made by the requesting party and the consulted party z Since then, Vietnam can make initial preliminary judgments and assessments about @ gm the nature of the case and can draw its experience for cases that can be resolved right co l at this consultation stage In addition, Vietnam should actively participate as a third party at the next stage as at the review stage by the Appellate Body and the m an Lu enforcement phase of the judgment These are considered important stages in the DSU dispute resolution process Participating as a third party at this stage, Vietnam n va ac th si 83 continues to have the opportunity to express its legal opinion about the case before the body judging the dispute for the purpose of protecting its interests If you continue to participate in the enforcement of the judgment, Vietnam can assert its role as a Member of the DSB and also be a third party participant in the dispute by way of love request that the body maintain and supervise the enforcement of the adopted ruling and be legally binding on the parties to the dispute In addition, Vietnam continues to ensure its legal rights by initiating a new DSU proceeding with the plaintiffs if there are grounds to believe that their rights are eliminated or affected by the recommendations or decisions of the relevant dispute resolution organization under any relevant agreement lu an 3.3.1.6 Building effective communication channels between state Institutions va n and enterprises and professional associations to gh tn Building an official and full-time information channel when incidents occur that ie affect the legitimate interests of Vietnam, or cases similar to the difficulties facing p Vietnam, The body will perform the information function, and analyze it on an nl w economic, legal and diplomatic basis to make good decisions about whether Vietnam d oa should participate in these cases an lu From an economic perspective: Currently in the process of economic integration, nf va the Vietnamese enterprises face difficulties or losses due to the measures adopted by WTO member countries However, it is not so that any damage is made to resolve the lm ul dispute at WTO Due to the reasons for pursuing a dispute in the WTO is costly, time- z at nh oi consuming, human-intensive, etc The pursuit of a lawsuit should be carefully considered on the basis of a preliminary assessment of the results which it brings z Therefore, it is necessary to develop criteria to determine how much benefit to bring gm @ together to consider taking legal action co l From a legal perspective: Practices in WTO lawsuits, to grasp surely the first part we need to grasp the legal bases related to the incident In particular, WTO cases m an Lu are now commonly used by WTO dispute settlement bodies in the process of dispute resolution (the case of Vietnam suing the US for application of anti-dumping n va ac th si 84 measures against Vietnam's warm warm water shrimp product - the lawsuit code DS404 is one of the typical examples of using case law Therefore, in order to ensure participation and win in lawsuits, the bodies responsible for legal issues related to the case need to prepare the bodies The legal department as well as the need to promote research and application of cases and practices of the WTO Dispute Settlement Body From there, the organzation may make assessments, determine the possibility of winning if Vietnam joins as parties to disputes in general or participates with the third party in particular From a diplomatic perspective: participating in any lawsuit at The WTO also lu needs to be considered in this respect A dispute may affect political, diplomatic, an va economic, etc among WTO members Therefore, the evaluation and consideration n from a diplomatic perspective has a very important idea in the process of dispute gh tn to resolution This has a significant impact on relations with related Member States as ie well as international influence Vietnam needs to build an official communication p channel under the management of the Ministry of Industry and Trade through the oa nl w office Reception at the Ministry's headquarters and via the website Here, the Ministry of Industry and Trade will receive, review and respond to the d an lu proposal of the Association and enterprises about whether to sue a case to the WTO nf va In addition, this channel also helps information to be received back and forth between the two parties in the process of proceeding, helping businesses to participate in their lm ul views and participate in discussions on related issues in the process dispute Through z at nh oi it, businesses can support more legal evidence to achieve the WTO's most favorable judgment Besides, it is necessary to simplify administrative procedures in this issue z so that information exchange can take place smoothly and smoothly @ gm On the other hand, it should be noted that a large amount of WTO dispute co l settlement business is for search, purchase, and collection of necessary information for supporting evidence requirements Therefore, if it is possible to improve the m an Lu transparency mechanism of information (especially available information from state n va ac th si 85 management Institutions), this will be a particularly meaningful support for businesses 3.3.2 To enterprises 3.3.2.1 Regarding corporate legal work One of the most important tasks is that businesses need to increase investment in their corporate legislation A recent research report conducted by VCCI on the use of trade defense instruments in Vietnam shows that the capacity to initiate lawsuits on international trade disputes is very weak and limited This proves that the legal work of domestic enterprises has not been paid due attention lu an First, businesses strengthen corporate legislation on international trade va expertise 85 Currently, new corporate legislation is concerned with domestic trade n tn to issues that are not equipped with international trade, which limits the ability of ie gh enterprises to participate in disputes When corporate legislation is knowledgeable p about this issue, businesses can avoid violating the laws of other countries and the Vietnam International Treaties have participated Besides, the coordination of this w oa nl subject group with lawyers and state institutions will also be more effective, thereby d bringing advantages to Vietnam in the lawsuit cases of the WTO dispute settlement nf va an lu body Second, businesses need to be proactive, actively participate in trade defense lm ul lawsuits and strengthen close coordination with the Government and overseas z at nh oi missions In the course of participating in investigations conducted by foreign investigating bodies, if detecting violations of WTO law or their laws, enterprises should boldly and proactively notify the Government for protecting legitimate rights z m co l gm @ and interests an Lu 85 n va This recommendation was TS Nguyen Huu Huyen - Former Counselor of the Standing Committee of the Socialist Republic of Vietnam In addition to the United Nations, the World Trade Organization and other international organizations share in an article on the WTO dispute settlement mechanism, Competitive and consumer newsletter number 54-2015 ac th si 86 Through free consulting services for businesses from specialized organizations in appropriate aspects, the State can help businesses reduce the burden of attorneys' fees 3.3.2.2 Strengthening coordination between businesses and the Government Enterprises in many cases are often intimidated to contact and exchange with government institutions, so the Association should play a role as a positive bridge for businesses to access the declared programs transmit, raise awareness about trade defense as well as use dispute settlement mechanism at WTO Moreover, in specific cases, the Association is also the unit that gathers businesses to coordinate with the lu Government to participate in specific procedures of the dispute resolution process an n va The shrimp lawsuit can be considered a typical example of a smooth tn to coordination between businesses and business associations and government institutions In the coming time, it is necessary to further promote this coordination, gh p ie especially through the role of associations as mentioned above 3.3.2.3 Strengthening coordination between businesses and representative w oa nl offices abroad d Currently, the coordination and coordination with overseas missions seems to lu nf va an be only localized in the role of government institutions For developed countries, enterprises can create a contact channel, exchange directly with representations, lm ul especially provide commercial information and data, and ask the representative to act z at nh oi as a bridge for Bilateral and multilateral contact In summary, enhancing Vietnam's participation in the WTO dispute settlement mechanism not only brings direct, immediate benefits to our businesses and farmers z gm @ but also continues to strengthen, strengthening Vietnam's position in the international arena, contributing to "maintaining an independent foreign policy of self-reliance, for l co the benefit of the nation, the nation, for peace, cooperation and development, broad m foreign policy open, multilateralize, diversify international relations, thoroughly an Lu grasp and apply creative lessons and solve great relationships "as the spirit of the n va ac th si 87 Ministry's Resolution No 22-NQ / TW Politics April 10, 2013 on international integration86 lu an n va p ie gh tn to d oa nl w nf va an lu z at nh oi lm ul z m co l gm @ an Lu 86 n va https://thuvienphapluat.vn/van-ban/Bo-may-hanh-chinh/Nghi-quyet-22-NQ-TW-nam-2013-Hoi-nhapquoc-te-203954.aspx ac th si 88 CONCLUSION Globalization and world economic integration are the inevitable trend of countries around the world In the process of economic integration, arising disputes is unavoidable In order to protect the economic interests of their countries, Vietnam needs to improve its capacity and participate more effectively in the WTO dispute settlement process This goal leads to the requirement of completing the legal document system, improving the capacity of legal human resources as well as enhancing the participation and co-operation of domestic enterprises and professional organizations lu an With the socio-economic characteristics of a developing economy, the most n va suitable path for Vietnam is to participate in the WTO dispute settlement system as a improve the understanding of the organization and operation mechanism of the DSB gh tn to third party Through participating on this role, Vietnam will have the opportunity to p ie Our experts and lawyers are able to learn and improve their qualifications Not only that, we have the opportunity to express our voices and opinions on dispute issues nl w Thus, our concern can be solved without incurring the cost of starting a panel Unless an lu a last resort d oa our concern is not included in the terms of reference, we can still start a new panel as nf va It can be seen that after more than 10 years of participation in DSM, Vietnam is lm ul aware of the value of participating in the role of a third party However, summarizing achievements as well as limitations in our participation process in the past time can z at nh oi see that Vietnam still participates in a passive and often inadequate way The reason is that we continue to face some limitation both legal and practical z Therefore, the study of theory and practical analysis of participation of other @ gm members, thereby drawing for themselves the lessons to gradually overcome the co l above problems is a necessary requirement They require that we have plans and implement more appropriate solutions in the future to be able to take advantage of m an Lu the benefits that third party participation in this system brings n va ac th si 89 We can learn, accumulate experience, and rehearse the possibility of willingness to participate in WTO disputes or in the form of other free trade agreements as plaintiffs, even as defendants in the near future Not only that, the study of the issue of participating in the dispute settlement mechanism as a third party in the WTO is also very important in creating a rationale for participation as a third party at other international organizations In this context, the research problems in this thesis are the right direction and have high practical significance lu an n va p ie gh tn to d oa nl w nf va an lu z at nh oi lm ul z m co l gm @ an Lu n va ac th si 90 REFERENCES Dispute Settle – World Trade Organization 3.5 GATT 1994 Understanding on rules and procedures governing the settlement of dispute (DSU) Decree 98/2017 / ND-CP dated 18/08/2017 of the Government on Defining the functions, tasks, powers and organizationals structure of Ministry of Industry and Trade Decision no 848/QĐ- BCT the Ministry of Industry and Trade on Funtions, duties, powers and organizational structure of Vietnam competition lu administration Department on Feb 05th 2013 an Decision of the Ministry of Industry and Trade No 3752 / QD-BCT dated va n October 2, 2017 defining the functions, tasks, powers and organizational to gh tn structure of the Trade Remedies Authority Decision No 51/ 2009/QĐ – TTg dated on April 8th 2009 of the Prime Minister ie p on defining the functions, tasks, powers and organizational structure of the nl w permanent mission of the socialist republic of Vietnam to the United Nations, Decision no 123/QD-TTg Jan 18th 2010 on approving the scheme to develop a d oa the World Trade Organization and other international organization at Geneva lu nf va an contingent of lawyers for international economic integration from 2010 to 2020 Resolution No 22-NQ / TW of the Politburo dated April 10, 2013 on lm ul international integration Vu Quoc Khanh, 2012, participating in trade dispute settlement mechanism as z at nh oi a third party, Faculty of Law - Hanoi National University 10 Nguyen Ngoc Ha, 2016, China participates as a third party into the World Trade z Law and State magazine l gm @ Organization's dispute settlement mechanism and experiences for Vietnam, 11 Arie Reich, 2017; the effectiveness of the WTO dispute settlement system: A m co Statistical analysis, European University Institute Settlement System, Cambridge University Press an Lu 12 World Trade Organization (2004), A Handbook on the WTO Dispute n va ac th si 91 13 Robert Z Lawrence, 2007, The United States and the WTO Dispute Settlement System; Council on foreign relations 14 Faisal A S A Al Bashar, 2009, The WTO dispute settlement mechanism and the reform of third party rights: A study from the perspective of developing countries; the University of Portsmouth – School of Law 15 Marc L Busch and Eric Reinhardt; April 2006; World Politics 58, pages 44677 16 Marrakesh Agreement establishing the World Trade Organization (with final act, annexes and protocol) Concluded at Marrakesh on 15 April 1994 17 William J Davey, Edwin M Adams, 2000; Japan, WTO Dispute Settlement & lu an the Millennium round, University of Illinois College of Law va 18 Ichiro Araki, Beyond Aggressive Legalism: Japan and the GATT/WTO Dispute n Settlement: Challenges and Reponses”, Global Trade and Customs Journal, Volume 5, Issue 9, 2010 Kluwer Law International p ie gh tn to 19 Wenhua Ji & Cui Huang, “China’s Path to the Center stage of WTO Dispute w 20 Leslie Johns & Krzysztof J.Pelc, “Who gets to be in the room? Manipulating oa nl Participation in WTO disputes” , July 14, 2012 d 21 Marcus Noland, “Japan and the International Economic Institutions”, Paper lu an prepared for the Centre for Japanese Economic Studies Fitth Biennal nf va Conference “Can the Japanese Change? Economic Reform in Japan” Macquarie 22 http://www.wto.org 23 http://vca.gov.vn 24 http://www.trungtamwto.vn z 25 https://thuvienphapluat.vn/ z at nh oi lm ul University Sydney, Australia, July 6, 2000 gm @ 26 https://iuscogens-vie.org/2018/01/07/56/ m co ben-thu-ba-n5390.html l 27 http://chongbanphagia.vn/tham-gia-giai-quyet-tranh-chap-tai-wto-voi-tu-cach- an Lu n va ac th si 92 28 http://baophapluat.vn/nhip-song-hom-nay/phat-trien-doi-ngu-luat-su-phuc-vuyeu-cau-hoi-nhap-quoc-te-trien-khai-dong-bo-cac-de-an-ve-dao-tao367007.html 29 https://www.researchgate.net/publication/228320150 30 http://www.moj.gov.vn/ct/tintuc/Pages/nghien-cuu traodoi.aspx?ItemID=677 31 http://isl.vass.gov.vn/thong-tin-phap-ly/nghien-cuu-trao-doi/Nang-cao-hieuqua-tham-gia-cua-Viet-Nam-vao-co-che-giai-quyet-tranh-chap-cua-WTO3600.18 32 https://www.mofa.go.jp/ 33 https://en.wikipedia.org/ lu an 34 http://vcci.com.vn/ va 35 http://www.canhbaosom.vn n tn to 36 https://atlas.media.mit.edu/en/profile/country/chn/ p ie gh 37 https://ustr.gov/about-us/about-ustr d oa nl w nf va an lu z at nh oi lm ul z m co l gm @ an Lu n va ac th si lu an 93 n va tn to APPENDIX date Argument No argument United States — Measures Relating to Shrimp from Thailand 26-Jan-2007 India — Additional and Extra-Additional Duties on Imports from the United States 20-Jun-2007 European Communities and its Member States — Tariff Treatment of Certain Information Technology Products 23-Sep-2008 X Not yet submitted X DS360 3-Jun-2007 DS375 28-May-2008 DS376 28-May-08 European Communities and its Member States — Tariff Treatment of Certain Information Technology Products 23-Sep-2008 X DS377 12-Jun-08 European Communities and its Member States — Tariff Treatment of Certain Information Technology Products 23-Sep-2008 X DS399 14-Sep-2009 United States — Measures Affecting Imports of Certain Passenger Vehicle and Light Truck Tyres from China 19-Jan-2010 X DS402 24-Nov-2009 United States — Use of Zeroing in Anti-Dumping Measures Involving Products from Korea 18-May-2010 X DS405 4-Feb-2010 European Union — Anti-Dumping Measures on Certain Footwear from China 18-May-2010 DS414 15-Sep-2010 China — Countervailing and Anti-Dumping Duties on Grain 25-Mar-2011 X m o l.c gm an Lu @ z z at nh oi m ll fu an nv a lu 24-Apr-2006 Accession Content consultant d DS343 Request for oa nl w Code No p ie gh APPENDIX 01: List of disputes Vietnam involved as a third party n va Oriented Flat-rolled Electrical Steel from the United States X X ac th si lu an 94 United States — Anti-Dumping Measures on Shrimp and Diamond Sawblades from China 25-Oct-2011 X 6-Mar-2012 India — Measures Concerning the Importation of Certain Agricultural Products 25-Jun-2012 X DS431 13-Mar-2012 China — Measures Related to the Exportation of Rare Earths, Tungsten and Molybdenum 23-Jul-2012 X China — Measures Related to the Exportation of Rare Earths, Tungsten and Molybdenum 23-Jul-2012 X China — Measures Related to the Exportation of Rare Earths, Tungsten and Molybdenum 23-Jul-2012 X 28-Sep-2012 X X DS422 tn to 28-Feb-2011 gh n va 10 DS432 oa nl w 13 12 DS430 p ie 11 13-Mar-2012 d DS433 13-Mar-2012 DS437 25-May-2012 DS449 17-Sep-2012 United States — Countervailing and Anti-dumping Measures on Certain Products from China 17-Dec-2012 DS464 29-Aug-2013 United States — Anti-Dumping and Countervailing Measures on Large Residential Washers from Korea 22-Jan-2014 X DS471 3-Dec-2013 United States — Certain Methodologies and their Application to Anti-Dumping Proceedings Involving China 26-Mar-2014 X DS474 23-Dec-2013 European Union — Cost Adjustment Methodologies and Certain Anti-Dumping Measures on Imports from Russia 22-Jul-2014 DS484 16-Oct-2014 Indonesia — Measures Concerning the Importation of Chicken Meat and Chicken Products 3-Dec-2015 X DS490 12-Feb-2015 Indonesia — Safeguard on Certain Iron or Steel Products 28-Sep-2015 X an nv United States — Countervailing Duty Measures on Certain Products from China ll fu 15 a lu 14 oi z at nh 17 m 16 z m X an Lu 21 o l.c 20 gm 19 @ 18 n va ac th si lu an 95 n va to DS494 7-May-2015 European Union — Cost Adjustment Methodologies and Certain Anti-Dumping Measures on Imports from Russia — (Second complaint) 16-Dec-2016 15-Mar-2016 Korea — Anti-Dumping Duties on Pneumatic Valves from Japan 4-Jul-2016 13-Jul-2016 China — Export Duties on Certain Raw Materials 8-Nov-2016 X 19-Jul-2016 China — Duties and other Measures concerning the Exportation of Certain Raw Materials 23-Nov-2016 X China — Domestic Support for Agricultural Producers 25-Jan-2017 X 22-Sep-2017 X 23 DS508 DS509 d oa nl w 25 DS504 24 p ie gh tn 22 a lu DS511 13-Sep-2016 27 DS517 15-Dec-2016 DS518 20-Dec-2016 China — Tariff Rate Quotas for Certain Agricultural Products an India — Certain Measures on Imports of Iron and Steel 3-Apr-2017 fu 28 nv 26 X X X ll Products DS529 1-Sep-2017 Australia — Anti-Dumping Measures on A4 Copy Paper 27-Apr-2018 X DS533 28-Nov-2017 United States — Countervailing Measures on Softwood Lumber from Canada 9-Apr-2018 X DS534 28-Nov-2017 United States — Anti-Dumping Measures Applying Differential Pricing Methodology to Softwood Lumber from Canada 9-Apr-2018 X DS545 14-May-2018 United States — Safeguard measure on imports of crystalline silicon photovoltaic products 26-Sep-2018 X DS546 14-May-2018 United States — Safeguard measure on imports of large residential washers 26-Sep-2018 X z at nh z 32 m an Lu 33 o l.c gm @ 31 oi 30 m 29 va n Source: Website of WTO (https://www.wto.org/english/tratop_e/dispu_e/dispu_by_country_e.htm) ac th si