Mexico – Tax Measures on Soft Drinks and Other Beverages (Complainant: United States of America)

Abstract

Economics, trade and finance — World Trade Organization — General Agreement on Tariffs and Trade — Relationship with other international agreements — North American Free Trade Agreement — Measures allegedly taken contrary to GATT said to be countermeasures responding to violation of NAFTA — WTO dispute settlement mechanism

International tribunals — Jurisdiction — Discretion not to exercise jurisdiction — Whether inherent power — WTO dispute settlement system — Whether Panel empowered to decline to exercise jurisdiction — Whether dispute between two States parties to NAFTA should be heard by arbitral tribunal under NAFTA rather than by panel under the WTO Dispute Settlement Understanding

Reprisals and countermeasures — Nature and scope — Relationship between countermeasures under international law and measures to secure compliance with laws and regulations within the WTO — Whether falling under GATT Article XX(d)

Treaties — Interpretation — Effect — Interpretation of GATT Article XX(d) — Relationship between GATT and other international agreements