This guide is designed for use primarily by members of the Minnesota Journal of International Law.  It explains how to find and cite international trade agreements and where to find dispute resolution documents.  For more information on researching global trade, see the U of M Law Library pathfinder, Researching International Trade Law .

CONTENTS

I.  GATT/WTO Agreements

A.  Bluebook

B.  NYU Expert

C.  Minnesota advice

II.  GATT and WTO Dispute Panel reports (Panel Reports, Appellate Body Reports)

A.  GATT dispute panel reports

B.  WTO dispute panel reports

Recently several of the WTO Agreements became available in the United Nations Treaty Series (U.N.T.S.). 

I.  GATT/WTO Agreements

    Citations to GATT/WTO agreements are confusing and inconsistent.  If you look at how these agreements have been cited in leading law reviews, there’s a huge amount of variation.  These guidelines try to clear them up in the context of the paper (hard copy)  sources available at the U of M.

A.  Bluebook citation.

    The Bluebook rule on citing GATT/WTO agreements is 21.8.4(b).  The Rule’s examples include the Final Act Embodying the Results of the Uruguay Round..., the TRIPS Agreement, and the 1947 GATT agreement.  Cites for major instruments, according to the Bluebook:

• Final Act Embodying the Results of the Uruguay Round of Multilateral Trade Negotiations, Apr. 15, 1994, LEGAL INSTRUMENTS -- RESULTS OF THE URUGUAY ROUND, vol. 1 (1994), 33 I.L.M. 1125 (1994).
  

• Agreement on Trade-Related Aspects of Intellectual Property Rights, Apr. 15, 1994, Marrakesh Agreement Establishing the World Trade Organization, Annex 1C, LEGAL INSTRUMENTS -- RESULTS OF THE URUGUAY ROUND, vol. 31, 33 I.L.M. 81 (1994). 

[If you look at 33 I.L.M. 81, you’ll see that it reprints the December 15, 1993, version of TRIPS, not the April 15, 1994 version.  Therefore this Bluebook cite is wrong–see below for correct I.L.M. cite to TRIPS.] 

B.  Citation according to Jeanne Rehberg, Reference Librarian for International and Foreign Law (and GATT/WTO research expert) at NYU:

Uruguay Round Agreements--

• Final Act Embodying the Results of the Uruguay Round of Multilateral Trade Negotiations, Apr. 15, 1994, [in] THE LEGAL TEXTS, RESULTS OF THE URUGUAY ROUND OF MULTILATERAL TRADE NEGOTIATIONS (1994).

The following information is from Jeanne Rehberg, WTO/GATT Research (revised November 13, 2002) http://www.llrx.com/features/wto2.htm

[This article, WTO/GATT Research by Jeanne Rehberg, was originally published in LLRX.com(tm) http://www.llrx.com, on September 3, 2001, revised November 13, 2002, at http://www.llrx.com/features/wto2.htm. Excerpts of this article are reprinted with permission.]:

Notes on citation:
•    In the Marrakesh Declaration and the Final Act, the parties to the Uruguay Round negotiations agreed to submit the Agreement Establishing the WTO ("WTO Agreement") and the annexed agreements, including the Agreement Establishing the WTO, the GATT 1994, the TRIPS agreement, etc., to their respective governments for ratification. A look at the chart on the WTO website makes it clear how the package of agreements is structured.

•    [Notes: 1.  The United States did not ratify the Uruguay Round agreements as treaties, but rather implemented them through legislation and administrative action, so there won’t be a UST cite.  2.  Since this article was written, the Uruguay Round agreements have mostly been published in U.N.T.S.]

•    The individual agreements annexed to the WTO Agreement may also be cited to The Legal Texts:  The Results of the Uruguay Round of Multilateral Trade Negotiations and to I.L.M., provided you check to make sure that they actually appear in the source you are citing. For example, The Legal Texts does not contain the plurilateral agreements, and 33 I.L.M. does not contain some of the agreements. [International Legal Materials (Washington, D.C.: American Society of International Law, 1962-) is a bimonthly publication that reprints selected recent treaties and other documents of international law.]
    [Hard copy of I.L.M. is located on the first floor of the Law Library at TC Law Library Periodicals Per.I577.  The I.L.M. is indexed by PAIS International, an electronic index available to all U of M students via http://www.lib.umn.edu/articles/alpha.phtml?id=P You can search the I.L.M. on Westlaw and Lexis.  NOTE: Documents do not always have the exact same title in I.L.M. as they do at the WTO site.  Be flexible in your searches!]

•    If the agreement does not appear in The Legal Texts:  The Results of the Uruguay Round..., or I.L.M., Rule 21.4.5 (c) of Bluebook permits you to cite another unofficial source, including the official website of the WTO.

•    The Legal Texts:  The Results of the Uruguay Round of Multilateral Trade Negotiations (Cambridge, UK; New York, NY: Cambridge University Press, 1999) was originally published as The Results of the Uruguay Round of Multilateral Trade Negotiations: The Legal Texts (Geneva: GATT Secretariat, 1994 and later reprints).      [The U of M has The Results of the Uruguay Round...The Legal Texts, not The Legal Texts:  The Results of the Uruguay Round...]

•    RESULTS OF THE URUGUAY ROUND OF MULTILATERAL TRADE NEGOTIATIONS:  THE LEGAL TEXTS is actually Volume I of a 34-volume set, Uruguay Round of Multilateral Trade Negotiations:  Legal Instruments Embodying the Results of the Uruguay Round (Geneva: GATT Secretariat, 1994), that contains the legal instruments and the schedules of tariffs and service commitments that had been negotiated to that point.    [The U of M doesn't have this entire 34-volume set but we do have RESULTS OF THE URUGUAY ROUND ... THE LEGAL TEXTS.]

C.  U of M  Sources and Citations:

Sources:  For most WTO agreements, you should use RESULTS OF THE URUGUAY ROUND OF MULTILATERAL TRADE NEGOTIATIONS:  THE LEGAL TEXTS.  The paper version of this publication is available in three places at the U of M:

•    Law Library K46031987 .A4 1994 Regular Loan (can be racked).

•    Law Library Reserve K46031987 .A4 1994 (can’t be racked).

•    Wilson Library Gov Pub (LC) K4603 1987 .A4 1994 (can be checked out on an individual staff member’s card, but this probably isn’t a good idea since s/he would be held responsible if it went missing).

Citations:

• Final Act Embodying the Results of the Uruguay Round of Multilateral Trade Negotiations, Apr. 15, 1994, 1867 U.N.T.S. 14, 33 I.L.M. 1143 (1994).
  
• Marrakesh Agreement Establishing the World Trade Organization, Apr. 15, 1994, 1867 U.N.T.S. 154, 33 I.L.M. 1144 (1994). [WTO Agreement]
  
  
• Agreement on Trade-Related Aspects of Intellectual Property Rights, Apr. 15, 1994, Marrakesh Agreement Establishing the World Trade Organization, Annex 1C, 1869 U.N.T.S. 299, 33 I.L.M. 1197 (1994).  [TRIPS]
  
  
• General Agreement on Trade in Services, Apr. 15, 1994, Marrakesh Agreement Establishing the World Trade Organization, Annex 1B, RESULTS OF THE URUGUAY ROUND OF MULTILATERAL TRADE NEGOTIATIONS:  THE LEGAL TEXTS 325, 33 I.L.M. 1168 (1994). {GATS]
  
  
• Agreement on Subsidies and Countervailing Measures, Apr. 15, 1994, Marrakesh Agreement Establishing the World Trade Organization, Annex 1A, RESULTS OF THE URUGUAY ROUND OF MULTILATERAL TRADE NEGOTIATIONS:  THE LEGAL TEXTS 264 (1994) [NOT REPRODUCED IN ILM; therefore there is no ILM citation]. [SCM Agreement]
  
  
• Understanding on Rules and Procedures Governing the Settlement of Disputes, Marrakesh Agreement Establishing the World Trade Organization, Annex 2, 1869 U.N.T.S. 401, 33 I.L.M. 1226 (1994). [DSU]

• General Agreement on Tariffs and Trade 1994, Apr. 15, 1994, Marrakesh Agreement Establishing the World Trade Organization, Annex 1A, 1867 U.N.T.S. 187, 33 I.L.M. 1153 (1994).  [GATT 1994]

II.  Guidelines for finding paper copies of GATT and WTO dispute panel reports (Panel Reports, Appellate Body Reports)

A.  GATT dispute panel reports. 

The ideal source is the series of Supplements to Basic Instruments and Selected Documents (B.I.S.D.), which published some GATT dispute resolution documents.  This series ceased with the 1997 Supplement, which contained documents from 1996.  The easiest way to find a cite is to search the Lexis BISD database (look under International Trade).

If you can’t find your report in there, check International Legal Materials (not rackable; see below under WTO reports); World Trade and Arbitration Materials (1989-1993; HF1750 .W67x, rackable); International Trade Reporter (not rackable; see below under WTO reports); or Law and Practice under the GATT (rackable, but contains only a handful of reports, in Vol. 3).

Stanford University has worked with the WTO to produce a collection of digitized GATT documents, the GATT Digital Archive, 1947-1994.

As a last resort, we have a complete collection of GATT microfiche that is kept in the basement.  Some documents, however, are “restricted” and we are unable to show them to anyone.  Contact Mary Rumsey (rumse006 at umn.edu) for information.

B.  WTO dispute panel reports.  

There is no comprehensive, official WTO dispute panel report publication.   The Bluebook rule on WTO dispute panel reports (and other WTO docs) is 21.8.4(a).  This rule says “cite texts that have not yet been published to the official WTO website (wto.org), to International Legal Materials (I.L.M.) or another unofficial source known to be widely available...” 

1.  The best source is WTO Basic Instruments and Selected Documents (two volumes to be published in 2003); however, this series publishes only selected reports.  Use the table of contents at the front of each volume to see if your report is included.  If not, go to one of the sources below. 

2.  International Legal Materials (Washington, D.C.: American Society of International Law, 1962- ; not rackable).  This periodical publishes selected, important WTO decisions.  It is widely available and therefore a good source to cite. Hard copy is located on the first floor of the Law Library at TC Law Library Periodicals Per.I577.  The I.L.M. is indexed by PAIS International, an electronic index available to all U of M students via http://www.lib.umn.edu/articles/alpha.phtml?id=P.  

You can search the ILM on Westlaw and Lexis.  NOTE:  Documents do not always have the exact same title in ILM as they do at the WTO cite.  Be flexible in your searches!

3.  International Trade Law Reports (London:  Cameron May, 1996- ; not rackable ) Starts with Vol. 1.  These are on Reserve, at K4600 .I58x.  They publish only a few WTO decisions.  There is no cumulative index.  There are six volumes as of March 2003.  The best way to search them is to ask for all the volumes and then look at the colored tabs that stick out at the sides.  These have the name of the matter and the type of document (e.g., Shrimp/Turtle--Appellate Body Report).   

4.  World Trade Organization Dispute Settlement Decisions:  Bernan's Annotated Reporter. (Lanham, Md.:  Bernan Press, 1998- ; rackable).  K4600 .W67x .  Bernan’s is a much more comprehensive reporter than ILM or ITLR, above.  There are 47 volumes as of July 2003.  Coverage starts with 1996 decisions. 

Fortunately there is a comprehensive subject index that tells you what volume contains the decision you’re looking for.  Subjects correspond to the titles or subjects of the WTO documents; e.g., Measures Affecting Textiles is indexed under “Measures Affecting Textiles.”  “Regime for the Importation, Sale and Distribution of Bananas,” however, is indexed under Bananas.  The index doesn’t give you a page number–just a volume number.  However, each volume has only a few decisions in it, and they’re listed in the table of contents at the front of each volume.

5.  Dispute Settlement Reports (Cambridge, U.K.: Cambridge University Press, 2000- ).  You may see citations to this publication.  The U of M does not own it, nor does any other Minnesota library.      

6.  Law & Practice of the World Trade Organization (New York:  Oceana Publications, c1995- ; rackable).  Three binders of WTO reports.  Use the tables of contents at the front to see whether your report is included.   K4600 .L38.

7.  International Trade Reporter (BNA; not rackable).  Although the Bluebook gives an example of a GATT Dispute Panel Report that appeared in this publication in 1983, no WTO dispute settlement reports have been reprinted in it for the last five years.  This set is located at Looseleaf Services KF1993.A6 B87 Non-Circulating.  If you are desperate enough to look, use the Table of Cases in each yearly volume of Decisions.  

   
If you have any questions about finding WTO decisions, agreements or other documents, please contact Mary Rumsey (rumse006 at umn.edu). 

Links verified 5/6/2008