The Appellate Body’s extensive rejection of the panel’s findings in U.S. - Continued Suspension appears to be an ostensible effort to broaden a regulating member’s policy space as to risk factors and scientific evidence. The Appellate Body condemned the panel’s alleged oversubscription...

This note focuses on the “international trade” perspective of this case in terms of both substantive law, concentrating on Article XX (General Exceptions) of the General Agreement of Tariffs and Trade 1994 (GATT 1994) and procedural law found in the Dispute Settlement Understanding (DSU)....

The panel's interpretation has two fundamental flaws. First, the panel disregards the general illegality of double remedies under the WTO norms, which is manifest under GATT Article VI and SCM Article 19:4. As a result, the panel validates the U.S.' concurrent imposition of countervailing duties...