The World Trade Organisation Panel Report on Brazil Tyres – Advanced Waste Management Theory Entering the Organisation?

Abstract: At first glimpse the appeal by the European Union against the World Trade Organisation’s Panel ruling in the Brazil Tyres case, may appear puzzling. The Panel had found against Brazil re its ban on the import of retreaded tyres (and accompanying measures). The EU have previously appealed their own victory in the Asbestos panel, seeking to correct the 'toxic reasoning' which led that Panel to dismiss Canadian allegations against the French (and now EU-wide) ban on chrysotile asbestos fibres. Similarly, the EU’s aim with current appeal is to ensure sound Panel judgments on regulatory autonomy. This contribution reviews the most striking parts of the Panel’s reasoning.