'Brazil Cotton' Makes Trade Retaliation Operational

Law360, New York (November 10, 2009, 12:17 PM EST) -- In an arbitration panel decision handed down on Aug. 31, 2009, the World Trade Organization clarified how and to what extent the industries of a WTO-member government may be targeted for countermeasures when the government has provided WTO-illegal subsidies.

Brazil had been seeking $2.68 billion in countermeasures, threatening to "cross-retaliate" by targeting U.S. intellectual property rights and service businesses. However, the panel awarded only $294.7 million for fiscal year 2006.

The decision has interesting policy implications, particularly in relation to the pending WTO dispute settlement proceeding...
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