1. Report of the WTO Panel, European Communities—Measures Affecting the Importation of Certain Poultry Products, WT/DS69/R (1998) (“EC-Poultry”), upheld in Report of the Appellate Body, European Communities—Measures Affecting the Importation of Certain Poultry Products, WT/DS69/AB/R (1998) (“EC-Poultry (AB)”). However, nearly fifty requests for consultations have included allegations of violations of the AILP. See WTO Website, www.wto.org.
2. See Chapter 6 of this book. The Appellate Body has ruled that import licensing procedures for TRQs are within the scope of the AILP. Report of the Appellate Body, European Communities—Regime for the Importation, Sale and Distribution of Bananas, WT/DS27/AB/R (1997) (“EC—Bananas”) at ¶ 195.
3. John H. Jackson, World Trade and The Law of Gatt 306 (1969).
4. See Report of the GATT Panel (adopted), European Community Programme of Minimum Import Prices, Licences and Surety Deposits for Certain Processed Fruits and Vegetables, BISD 25th Supp. 68 (1978), ¶ 4.1.
5. See, e.g., Report of the GATT Panel (adopted), European Economic Community???Restrictions on Imports of Apples-Complaint by the United States, BISD 36th Supp. 135, ?? 5.2 (1989). In that case the EC made no attempt to argue that the licensing system at issue was not an import restriction within the meaning of Article XI, but instead claimed that it fell within one of the Article XI exceptions. See also, Report of the GATT Panel (adopted), Thailand???Restrictions on Importation of and Internal Taxes on Cigarettes, BISD 37th Supp. 200, ?? 67 (1990);