The Country of Origin Labels (COOL) dispute was decided by the Appellate Body against the US in July 2012 in DS384 and DS386.Thereafter o
5. And finally, compliance in WTO cases can be not only highly complex issues of legal and factual interpretation but also very time consuming. It also underscores the necessity of strong legal capacity to wade though the legal labyrinth to justify a modification or a measure as being compliant to a decision or also to seek a reasonable period to implement a decision.
6.I found the interests of "developing countries" being taken in deciding the reasonable period particularly relevant in para 71:
"Finally, I am mindful that Article 21.2 of the DSU provides that "[p]articular attention should be paid to matters affecting the interests of developing country Members with respect to measures which have been subject to dispute settlement." Moreover, it has been recognized in past arbitrations that Article 21.2 directs the arbitrator acting pursuant to Article 21.3(c) to pay particular attention "to 'matters affecting the interests' of both an implementing and complaining developing country Member or Members". Therefore, as in the present case Mexico is a complaining developing country Member, the matters affecting its interests in this arbitration should be the object of my "particular attention".
7. I found the Arbitrator's Award extremely engaging, well written, simple and explicit.
Is the Clove Cigarettes case too going the Arbitration way with a modification of the measure? Also there will be many domestic reactions to this Award in the US. Will be interesting to see the domestic dynamics of all this.