Cabe aos árbitros, em última instância, examinar todos os documentos e provas colocadas à sua disposição, por acusadores e demandados, para então decidir quem tem razão. Muitas vezes nenhum dos lados tem razão, mas dependendo das "provas"recolhidas, sempre haverá alguma medida ou política inconsistente com as regras do Gatt.
Vamos aguardar novos desenvolvimentos, do que parece ser um caso relevante na história do sistema de disputas da OMC.
Paulo Roberto de Almeida
China goes to WTO to challenge US tariffs
Shanghai Daily, May 26, 2012
CHINA filed World Trade Organization cases yesterday challenging US anti-subsidy tariffs on 22 Chinese goods, including steel.
The cases come as a weakening global economy fuels trade frictions as nations try to boost exports and create jobs.
China began its challenge by requesting consultations with the United States through the WTO to resolve the dispute. If that fails, China can request a ruling by a WTO panel, which can order the United States to scrap measures found to violate free-trade commitments or to pay compensation.
Beijing appeared to be challenging Washington's overall approach to subsidies and dumping, as well as its handling of individual cases.
China's mission to the WTO accused Washington of improperly using anti-dumping measures to shield American companies from competition.
"The relevant practices constitute the abuse of trade remedy measures, which undermines the legitimate interests of China's enterprises," said a statement by China's mission to the WTO.
It complained the United States repeated its "wrongful practice" in the dispute over Chinese-made solar power equipment.
The Chinese statement said the US measures affect Chinese exports to the United States worth US$7.3 billion.
It gave no details but Xinhua news agency said products included steel, paper and solar cells.
The two governments also have argued over access to each others' markets for poultry, tires and other goods.
On Thursday, China's Ministry of Commerce issued a ruling that the US government paid improper subsidies for six renewable energy projects, violating free-trade rules.
That ruling came in an investigation launched in November after Washington began a probe into whether Chinese manufacturers were selling solar cells and other equipment in the United States at improperly low prices.
The US Commerce Department issued a preliminary ruling in that case last week that concluded Chinese manufacturers engaged in "unfair practices." It proposed raising tariffs by at least 31 percent to compensate for "improper" Chinese government subsidies.
China earlier accused US investigators of acting unfairly in the solar case by looking at other economies to estimate what Chinese producers' costs should be and how much government support they received.