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1
Pangestu, Yudha, Bernard Sipahutar, and Budi Ardianto. "Harmonisasi Prinsip Perdagangan Internasional pada GATT dalam Undang-Undang Nomor 7 Tahun 2014 tentang Perdagangan." Uti Possidetis: Journal of International Law 2, no. 1 (June 10, 2021): 81–105. http://dx.doi.org/10.22437/up.v2i1.10352.
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Tujuan penelitian ini adalah untuk mengetahui bagaimanakah implementasi prinsip-prinsip perdagangan internasional pada General Agreement on Tariffs and Trade (GATT) dan Undang-Undang Nomor 7 Tahun 2014 Tentang Perdagangan dan untuk mengetahui bagaimanakah harmonisasi prinsip-prinsip perdagangan internasional General Agreement on Tariffs and Trade (GATT) dalam Undang-Undang Nomor 7 Tahun 2014 Tentang Perdagangan. Tipe penelitian ini adalah penelitian hukum normatif. Adapun hasil penelitian yang telah dilakukan adalah implementasi prinsip-prinsip perdagangan internasional General Agreement on Tariffs and Trade (GATT) dan Undang-Undang Nomor 7 Tahun 2014 tentang Perdagangan, berdasarkan Undang-Undang Nomor 7 Tahun 1994 Tentang Pengesahan Agreement Establishing The World Trade Organization (Persetujuan Pembentukan Organisasi Perdagangan Dunia) terdapat isi atau materi yang memuat pengaturan prinsip GATT/WTO, yakni pada huruf A, B, dan C, serta harmonisasi prinsip-prinsip perdagangan internasional General Agreement on Tariffs and Trade (GATT) dalam Undang-Undang Nomor 7 Tahun 2014 Tentang Perdagangan, bahwa dalam Undang-Undang Nomor 7 Tahun 2014 Tentang Perdagangan terdapat beberapa prinsip-prinsip hukum dalam pengaturan perdagangan internasional. Kesimpulan penelitian ini adalah berdasarkan Undang-Undang Nomor 7 Tahun 1994 Tentang Pengesahan Agreement Establishing The World Trade Organization (Persetujuan Pembentukan Organisasi Perdagangan Dunia) terdapat isi atau materi yang memuat pengaturan prinsip GATT/WTO, yakni pada huruf A, B, dan C, serta harmonisasi prinsip-prinsip perdagangan internasional General Agreement on Tariffs and Trade (GATT) dalam Undang-Undang Nomor 7 Tahun 2014 Tentang Perdagangan, bahwa dalam Undang-Undang Nomor 7 Tahun 2014 Tentang Perdagangan terdapat beberapa prinsip-prinsip hukum dalam pengaturan perdagangan internasional.
2
DAWAR, KAMALA. "Government Procurement in the WTO: A Case for Greater Integration." World Trade Review 15, no. 4 (January 5, 2016): 645–70. http://dx.doi.org/10.1017/s1474745615000592.
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This article assesses the regulation of government procurement in the WTO, specifically under the WTO Government Procurement Agreement (WTO GPA), the General Agreement on Tariffs in Trade (GATT), the General Agreement on Trade in Services (GATS), and the Agreement on Subsidies and Countervailing Measures (ASCM). It compares these findings from leading regional trade agreements (RTAs) with government procurement regulation, most notably the North American Free Trade Area (NAFTA) and the Treaty on the Functioning of the European Union (TFEU).
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Voon, Tania. "The Security Exception In WTO Law: Entering a New Era." AJIL Unbound 113 (2019): 45–50. http://dx.doi.org/10.1017/aju.2019.3.
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For seventy years, the security exception in the multilateral trade regime has mostly lain dormant. The exception first appeared in the General Agreement on Tariffs and Trade 1947 (GATT 1947), before being incorporated in the General Agreement on Tariffs and Trade 1994 (GATT 1994) upon the creation of the World Trade Organization (WTO). However, security exceptions also exist in several other WTO provisions, including the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) and the General Agreement on Trade in Services (GATS). Until recently, perhaps through a combination of WTO member restraint and fortuitous circumstances, WTO panels have not had to make a definitive ruling on the meaning and scope of these exceptions. Yet, suddenly, the security exception lies at the center of multiple explosive disputes, posing a potential threat to the WTO's very existence.
4
Oza, A. N. "General Agreement on Tariffs and Trade, 1994: An Explanatory Note." Vikalpa: The Journal for Decision Makers 20, no. 3 (July 1995): 27–42. http://dx.doi.org/10.1177/0256090919950303.
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There has been considerable debate in recent years whether India would gain substantially from the growth-effects of GATT. In this article, A N Oza explains the important provisions of the controversial GATT agreements which will enable the reader to make his or her own judgement whether the package as a whole will be beneficial or detrimental to the Indian public interest.
5
Vranes, Erich. "The Overlap between GATT and GATS: A Methodological Mate." Legal Issues of Economic Integration 36, Issue 3 (August 1, 2009): 215–38. http://dx.doi.org/10.54648/leie2009015.
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This article examines an issue of systemic and economic importance in World Trade Organization (WTO) law, namely, the fact that the General Agreement on Tariffs and Trade (GATT) and General Agreement on Trade in Services (GATS) agreements overlap to some extent, possibly giving rise to unexpected obligations and even conflicts of norms. The purpose of the article is twofold: it first analyzes the – very few – positions that have so far been taken on this issue, arguing that they have tended to deal with singular aspects of a problem that actually has a considerable number of facets. It then explains these different layers of the problem and sets out a more comprehensive doctrinal approach to these issues.
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Rovetta, Davide, Davide Rovetta, and Davide Rovetta. "WTO Dispute Settlement with Respect to Customs Matters." Global Trade and Customs Journal 4, Issue 4 (April 1, 2009): 99–111. http://dx.doi.org/10.54648/gtcj2009013.
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Finding Belgian chocolates in Papua New Guinea is perhaps the perfect example of globalization and trade liberalization, but the whole web of trade issues behind the curtains is what puts to test the trading order established under the World Trade Organization(WTO). The General Agreement on Trade and Tariffs 1994 (hereinafter ‘GATT 1994’) inherited the detailed framework for trade in goods based on the tripod of bound tariffs and the non–discriminatory application of tariff protection by way of the most favoured nation (MFN) principle and national treatment obligations. The only GATT–permissible protection is customs duties although there are other ‘business’, ‘non–business’, and ‘institutional’ exceptions to GATT.2 The complicated schematics of the application of customs duties have been the source of several disputes between the WTO members. This article examines certain customs issues and related disputes as also the tariff classification disputes that have arisen before the WTO dispute settlement body.
7
Swaak-Goldman, Olivia Q. "Who Defines Members' Security Interest in the WTO?" Leiden Journal of International Law 9, no. 2 (June 1996): 361–71. http://dx.doi.org/10.1017/s0922156596000246.
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The European Community (EC) has recently announced its decision to begin dispute-resolution procedures in the World Trade Organization (WTO) against the United States (US) because of the latter's passage of the so-called ‘Helms-Burton’ law, which tightens the sanctions against Cuba by means of extraterritorial application. This will, in all probability, offer the WTO an ideal opportunity to define the limits of the General Agreement on Tariffs and Trade's (GATT) security exception. The security exception, contained in GATT Article XXI, is also included in other agreements annexed to the Agreement establishing the World Trade Organization (WTO Agreement), such as the General Agreement on Trade in Services (GATS) and the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPs). It provides an exception from all GATT (as well as GATS and TRIPs) obligations, including the all-important ‘most-favoured-nation’ non-discrimination rule. The security interests at issue must be those of a political, rather than an economic, nature. It should be noted that because there is no human rights and democracy exception to the GATT or other agreements annexed to the WTO Agreement, trade restrictions that are based either in whole or in part on these concerns, such as the measures against Cuba, are usually justified on the basis of the security exception.
8
Gagliani, Gabriele. "Intellectual Property-Related Local Content Requirements in International Trade Law: An Evolving Concept Amid Persisting Questions." Global Trade and Customs Journal 16, Issue 4 (April 1, 2021): 149–57. http://dx.doi.org/10.54648/gtcj2021016.
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Despite the challenges they pose under international trade law, recent discussions and cases at the World Trade Organization (WTO) demonstrate that local content requirements (LCRs) have enjoyed continued success among both developed and developing countries. This article focuses on a specific type of LCRs, intellectual property-related LCRs (IP-related LCRs). The article argues that the concept and related regulation of LCRs concerning IP rights have undergone a remarkable evolution under international trade law. The notion and regulation of IP-related LCRs, in particular, have changed from the 1883 Paris Convention on the Protection of Industrial Property (Paris Convention) and the 1886 Berne Convention on the Protection of Literary and Artistic Works (Berne Convention) to the General Agreement on Tariffs and Trade of 1947 and, later, the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS Agreement) and other Agreements at the WTO. Indeed, while the Paris Convention and the Berne Convention are still in force, the General Agreement on Tariffs and Trade (GATT) 1947 and the WTO Agreements have reframed the debate and implications of IP-related LCRs. Nevertheless, some questions on what is permissible under international trade law remain open at the WTO. Given LCRs continued success, some clarifications on their consistency with WTO law may be further needed. Local Content Requirements (LCRs), Agreement of Trade-Related Aspects of Intellectual Property Rights (TRIPS Agreement), General Agreement on Tariffs and Trade of 1994 (GATT 1994), World Trade Organization (WTO), Intellectual Property Rights
9
Beshkar, Mostafa, and Eric W. Bond. "Cap and Escape in Trade Agreements." American Economic Journal: Microeconomics 9, no. 4 (November 1, 2017): 171–202. http://dx.doi.org/10.1257/mic.20160218.
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We propose a model of flexible trade agreements in which verifying the prevailing contingencies is possible but costly. Two types of flexibility emerge: contingent protection, which requires governments to verify the state of the world, and discretionary protection, which allows governments to set tariffs unilaterally. The structure of the GATT/WTO agreement provides these two types of flexibility through a mechanism that we call Cap and Escape. Governments may choose tariffs unilaterally below the negotiated cap, but escaping from the cap requires state verification. We show that this framework explains key features of the GATT/WTO agreements, including the substantial variation across sectors and countries in the level of negotiated tariffs, and the rate at which different flexibility measures are used. (JEL D86, F11, F13, F41)
10
Dasgupta, Anupal, and Sandeep Thomas Chandy. "Government Procurement Outside the GPA: A Developing Country View." Global Trade and Customs Journal 14, Issue 7/8 (August 1, 2019): 383–90. http://dx.doi.org/10.54648/gtcj2019044.
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Since the early days of the General Agreement on Tariffs and Trade (GATT), government procurement has been a topic sensitive to the developing world. Developed nations with the aim of promoting competition, transparency and enhanced value for money, entered into a plurilateral agreement to govern government procurement. This was later revised to enhance the level of commitments. Currently, over forty-eight WTO Members are signatories to the plurilateral agreement on government procurement. This leaves a large proportion of the membership still tied to the GATT-era commitments on government procurement. The extent of these commitments was later extended to other multilateral agreements such as the TRIMS (Trade Related Investment Measures), SCM Agreement (Agreement on Subsidies and Countervailing Measures), and the General Agreement on Trade in Services (GATS). This article aims to identify the extent of the commitments related to government procurement in these multilateral agreements and map out the policy space available to the developing countries.
11
Bartels, Lorand. "The Chapeau of the General Exceptions in the WTO GATT and GATS Agreements: A Reconstruction." American Journal of International Law 109, no. 1 (January 2015): 95–125. http://dx.doi.org/10.5305/amerjintelaw.109.1.0095.
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One of the most important issues in the law of the World Trade Organization is the right of WTO members to adopt measures for nontrade purposes. In the WTO’s General Agreement. on Tariffs and Trade (GATT 1994) and General Agreement on Trade in Services (GATS), this right is secured in general exceptions provisions, which permit WTO members to adopt measures to achieve certain objectives, notwithstanding any other provisions of these agreements and also, in some cases, other WTO agreements. These objectives include, most importantly, the protection of public morals, the maintenance of public order, the protection of human, animal, or plant life or health, the enforcement of certain domestic laws, and the conservation of exhaustible natural resources.
12
Moore, Patrick M. "The Decisions Bridging the GATT 1947 and the WTO Agreement." American Journal of International Law 90, no. 2 (April 1996): 317–28. http://dx.doi.org/10.2307/2203695.
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On September 20, 1986, the contracting parties to the General Agreement on Tariffs and Trade of 1947 (GATT 1947) agreed to launch an eighth round of multilateral trade negotiations known as the Uruguay Round. More than seven years later they concluded the round, not with an amended version of the GATT 1947, but with an entirely new treaty, the Agreement Establishing the World Trade Organization.
13
Mollaian, Saba L. "Does Trade Equal Peace? The Role of the WTO in International Peace." Legal Issues of Economic Integration 46, Issue 1 (February 1, 2019): 77–99. http://dx.doi.org/10.54648/leie2019005.
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This article contends that the World Trade Organization (‘WTO’) plays a vital role in the maintenance of international peace through continued international trade. In exploring this argument, the article looks to the history of the General Agreement on Tariffs and Trade (‘GATT 1947’) and the WTO. After doing so, the article analyses the other side of the coin: when trade is weaponized through the use of the General Agreement on Tariffs and Trade (‘GATT 1994’) security exception Article XXI. Lastly, the article discusses the effectiveness of trade sanctions and whether the security exception is in need of reform in order for the WTO to better engage in the pursuit of international peace through international trade.
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JOERGES, CHRISTIAN, and CHRISTINE GODT. "5 Free trade: the erosion of national, and the birth of transnational governance." European Review 13, S1 (March 2005): 93–117. http://dx.doi.org/10.1017/s1062798705000219.
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Free Trade has always been highly contested, but both the arguments about it and the treaties that regulate it have changed dramatically since the Second World War. Under the 1947 General Agreement on Tariffs and Trade (GATT) regime, objections to free trade were essentially economic, and tariffs were a nation state's primary means of protecting its interests. However, by the early 1970s, tariffs had been substantially reduced, and the imposition and removal of non-tariff barriers that reflected a wide range of domestic concerns about the protection of health, safety, and the environment have since come to dominate trade agreements and their implementation. The expanding scope of these international treaties, and their effect on domestic regulatory objectives, has created new challenges for the nation-state, and for the international trade system as a whole. Domestic regulatory objectives that are generally embedded in a nation state's legal system or even in its constitution, are now negotiable and are susceptible to adjudication at the international level where they may, or may not, be used to camouflage unrelated economic interests. The international trade system adapted to this situation in 1994 by transforming the GATT into the World Trade Organization (WTO), which has more effective means for dispute resolution and includes a number of special agreements – such as the Agreement on the Application of Sanitary and Phytosanitary Measures (SPS) and the Agreement on Technical Barriers to Trade (TBT) – with rules for balancing the economic concerns of free trade with the social concerns of regulatory objectives. These developments have generated legal queries about the general legitimacy of transnational governance arrangements and their ‘constitutionalization’, i.e. the quest for transnational governance that is mediated by law and not only accepted de facto but considered deserving of acceptance.
15
Mitchell, AndrewD, and Tania Voon. "Tariff Negotiations and Renegotiations under the GATT and the WTO: Procedures and Practices. By Anwarul Hoda. [Cambridge: Cambridge University Press. 2001, 137, (Appendices) 136 and (Index) 36 pp. Hardback £45.00 net. ISBN 0–521–80449–3.]." Cambridge Law Journal 61, no. 2 (June 24, 2002): 463–92. http://dx.doi.org/10.1017/s0008197302501690.
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Oneof the most important achievements of the General Agreement on Tariffs and Trade (GATT) and the World Trade Organization (WTO) to date has been a substantial reduction in the level of tariffs applied in international trade. The average tariff on industrial products has diminished from more than 40 per cent. in 1947 to less than 5 per cent. today. As a result of this success, multilateral negotiations within the WTO have begun to place more emphasis on non-tariff barriers. Nevertheless, tariffs remain an important issue. Many OECD countries, for example, continue to impose high tariffs on agricultural products and other products of particular interest to developing countries. The work programme adopted at the Fourth WTO Ministerial Conference held in Doha late last year provides for negotiations to improve market access for agricultural products and to reduce or eliminate tariffs on non-agricultural products and environmental goods.
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Rose, Andrew K. "Do We Really Know That the WTO Increases Trade?" American Economic Review 94, no. 1 (February 1, 2004): 98–114. http://dx.doi.org/10.1257/000282804322970724.
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This paper estimates the effect on international trade of multilateral trade agreements—the World Trade Organization (WTO), its predecessor the General Agreement on Tariffs and Trade (GATT), and the Generalized System of Preferences (GSP) extended from rich countries to developing countries. I use a standard “gravity” model of bilateral merchandise trade and a large panel data set covering over 50 years and 175 countries. An extensive search reveals little evidence that countries joining or belonging to the GATT/WTO have different trade patterns from outsiders, though the GSP seems to have a strong effect.
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Weerth, Carsten. "Survey on Free Trade Agreements and Customs Unions." Global Trade and Customs Journal 4, Issue 4 (April 1, 2009): 113–23. http://dx.doi.org/10.54648/gtcj2009014.
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From 1948 to 1994, the General Agreement on Tariffs and Trade (GATT) Secretariat received 124 indications of Regional Trade Agreements (RTAs) relating to the trade in goods, and since the creation of the World Trade Organization (WTO) in 1995, more than 240 additional RTAs (covering trade in goods and services) have been notified to the WTO. Since 1990, the number of RTAs indicated to the GATT/WTO Secretariat concerning the trade in goods has risen strongly. A World Customs Organization (WCO) survey on the existing Free Trade Agreements (FTAs) and Customs Unions (CUs) in the trade of goods has been published in September 2008. This paper shows the major findings of the WCO survey and puts them into a wider WTO/GATT picture.
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Skrynka, D. V. "HISTORICAL DEVELOPMENT OF THE CONCEPT OF NON-VIOLATION COMPLAINTS IN INTERNATIONAL ECONOMIC LAW." Actual Problems of International Relations, no. 138 (2019): 135–43. http://dx.doi.org/10.17721/apmv.2018.138.0.135-143.
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The article contains a brief review of historical roots and process of development of the non-violation clauses in various international legal agreements, including the General Agreement on Tariffs and Trade and other WTO agreements. It points out the connection between the gradual transition from conditional to unconditional most-favored-nation treatment and the introduction of the clause about nullification or impairment of benefits. Finally, the article points out the fact that even though the WTO system of legal rules is much more detailed than the GATT system of legal rules, the non-non-violation clause not only remained in the original text of the GATT, but also was included in a number of other WTO agreements. The article notes that the very need to introduce non-violation clauses in international trade treaties is connected with the global process of gradual introduction of unconditional most favored treatment clauses (in contrast to earlier treaty practice, where most-favored-nation treatment was provided on a conditional basis). The article points out that one of the earliest attempts to establish the principle of unconditional most-favored-nation treatment as a global uniform approach was made at the London World Economic Conference, the most ambitious global attempt to do so before the successful conclusion of the General Agreement on Tariffs and Trade in 1947. Even though the original cause for non-violation complaints has been a relatively limited scope of the General Agreement on Tariffs and Trade, the significant expansion of the scope of application of this multilateral trade system as a result of the Uruguay Round of multilateral trade negotiations did not result in the removal of the original non-violation clause from the text of the GATT. Moreover, non-violation clauses were included in a number of other WTO agreements. This, in turn, leads to a question, whether indeed it would be possible at any time in the future to conclude an international trade agreement, which would cover each and every measure affecting international trade, available to national governments.
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Ranjan, Prabhash. "National Security Exception in the General Agreement on Tariffs and Trade (GATT) and India–Pakistan Trade." Journal of World Trade 54, Issue 4 (August 1, 2020): 643–65. http://dx.doi.org/10.54648/trad2020028.
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India and Pakistan, two nuclear-armed South Asian neighbours who have shared a turbulent relationship for last seventy years, recently came close to almost fighting a war with each other. The recent terror attack in Pulwama in Kashmir by a terror group based in Pakistan, led India to revoke Pakistan’s most favoured nation (MFN) status under the World Trade Organization (WTO) by imposing 200%tariff rates on all Pakistani imports. This decision was followed by a limited military confrontation between the two countries. Such unilateral increase in the customs tariff rates violate India’s MFN obligation towards Pakistan. This article discusses whether India can justify this measure under Article XXI of GATT – the national security exception. The paper, in light of the scholarly commentary and the recent WTO Panel’s decision in the Russia – Transit case, discusses the key concepts of Article XXI and applies them to the India–Pakistan situation. The paper finds that while a situation of international emergency did exist between the two countries, the Indian measure cannot be justified under Article XXI of GATT. India, Pakistan, National Security, Article XXI, GATT
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Finger, Joseph Michael. "The WTO Trade Facilitation Agreement: Form without Substance Again?" Journal of World Trade 48, Issue 6 (December 1, 2014): 1279–87. http://dx.doi.org/10.54648/trad2014045.
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The WTO Trade Facilitation Agreement provides flexibility for Developing Members by allowing them to accept only the legal obligations they attach as "schedules"- as the schedules attached to a tariff agreement. The possibility that Developed Members can induce broad acceptance by Developing Members through reciprocal negotiation is compromised by Developed Members not having the flexibility of attaching schedules-they must accept all of the disciplines of the agreement. Inducing broad acceptance by Developing Members through the provision of assistance (i.e., paying Developing Members to do so) is compromised by the agreement not bringing the provision of assistance within its legal obligations. The agreement thus fails to bring reciprocity to bear on the acceptance of discipline over trade controls and fails to give operational content within the General Agreement on Tariffs and Trade (GATT)/World Trade Organization (WTO) legal system to the provision of assistance to developing countries. I conclude that it is another example of the "form without substance" (Robert Hudec's earlier conclusion) that has characterized the GATT/WTO system's relations with developing countries since its beginning.
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Newman, Mark D. "Introduction: Southern Agriculture and the World Economy: The Multilateral Trade Negotiations." Journal of Agricultural and Applied Economics 20, no. 1 (July 1988): 57–58. http://dx.doi.org/10.1017/s0081305200025620.
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The current round of Multilateral Trade Negotiations (MTNs) under the General Agreement on Tariffs and Trade (GATT) was launched at Punta del Este, Uruguay, in September, 1986. Thus, it bears the appellation, “Uruguay Round,” although negotiations have actually been taking place at GATT headquarters in Geneva, Switzerland, since early 1987.
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Cameron, James, and Kevin R. Gray. "Principles of International Law in The WTO Dispute Settlement Body." International and Comparative Law Quarterly 50, no. 2 (April 2001): 248–98. http://dx.doi.org/10.1093/iclq/50.2.248.
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Unlike the original 1947 General Agreement on Tariffs and trade (GATT), the 1994 Agreement establishing the World Trade Organization (WTO Agreement)1 covers a much wider range of trade. It extends beyond goods and now embraces services, intellectual property, procurement, investment and agriculture. Moreover, the new trade regime is no longer a collection of ad hoc agreements, Panel reports and understandings of the parties. All trade obligations are subsumed under the umbrella of the WTO, of which all parties are members. Member States have to accept the obligations contained in all the WTO covered agreements: they cannot pick and choose.
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Connolly, Michelle, and Kei-Mu Yi. "How Much of South Korea’s Growth Miracle Can Be Explained by Trade Policy?" American Economic Journal: Macroeconomics 7, no. 4 (October 1, 2015): 188–221. http://dx.doi.org/10.1257/mac.20120197.
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This paper assesses the importance of trade policy reforms in South Korea, as well as the General Agreement on Tariffs and Trade (GATT) tariff reductions, in explaining Korea's growth miracle. We develop a model of neoclassical growth and trade in which lower tariffs lead to increased gross domestic product (GDP) per worker via comparative advantage and specialization, and capital accumulation. We calibrate the model and simulate the tariff reductions that occurred between early 1962 and 1989. The model can explain 17 percent of South Korea's catch-up to the G7 countries in value-added per worker in the manufacturing sector. These gains, as well as most of the welfare gains, are driven by two key transmission channels: multistage production and imported investment goods. (JEL F13, F43, L60, O47)
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Moon, William J., and Alec Stone Sweet. "Consensus Analysis, State Practice, and Majoritarian Activism in the WTO." AJIL Unbound 108 (2014): 295–99. http://dx.doi.org/10.1017/s2398772300009442.
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World Trade Organization (WTO) judges regularly assess aggregate state practice and international standardswhen they adjudicate claims under Article XX of the General Agreement on Tariffs and Trade (GATT) and Art. XIV of the General Agreement on Trade inServices (GATS). How they do so has helped to determine the institutional evolution of the WTO, given the paralysis of its legislative organs. In this comment, we con-sider the reports in the EC—Seal Products dispute in light of this view, as well as theory and evidence of a comparative nature.
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KELEMEN, R. DANIEL. "The Limits of Judicial Power." Comparative Political Studies 34, no. 6 (August 2001): 622–50. http://dx.doi.org/10.1177/0010414001034006002.
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This article analyzes the politics of supranational dispute resolution, focusing on trade-environment disputes in the context of the European Union (EU) and General Agreement on Tariffs and Trade/World Trade Organization (GATT/WTO). The author analyzes how the interaction of political and legal pressures has influenced decision making by the European Court of Justice (ECJ) and by GATT/WTO panels in trade-environment disputes.
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Chairunisa, Amanda Fadhilla, and Imam Haryanto. "Analysis of Renewable Energy Directive Ii on Trading of Indonesian Palm Oil Associated with GATT." Yuridika 36, no. 3 (September 1, 2021): 509. http://dx.doi.org/10.20473/ydk.v36i3.25075.
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International economic relations sure is very important for a country and the important thing that follows is the policy that regulates international economic relations it self. In this study, the authors will analyze hows Renewable Energy Directive II (RED II) policy as a derivative of the RED (Renewable Energy Directive) policy by the European Union will affect the Indonesian palm oil trade which this also would show the violations of previous policies that is General Agreement on Tarifs and Trades. Authors also going to show General Agreement on Tariffs and Trade (GATT) as a policy that regulates how international trade relations should be carried out and the violations of this international agreement undoubtedly could affect Economic relations between the two countries, both on a micro scale and macro scale. In conducting the research authors will be using the normative juridical methods which means the legal research will be based off library materials and secondary materials therefore the main result from this study would be a reflection of how RED II can affect trade in indonesian palm oil products and also by effecting this regulation in 2021 the european union will be violating the non-discrimination principle in GATT 1947.
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Kennedy, Matthew. "Blurred Lines: Reading TRIPS with GATT Glasses." Journal of World Trade 49, Issue 5 (October 1, 2015): 735–55. http://dx.doi.org/10.54648/trad2015029.
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There is a need to clarify when jurisprudence developed under the General Agreement on Tariffs and Trade (GATT) and under World Trade Organization (WTO) agreements on trade in goods and services is applicable in disputes concerning the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS). Through the application of the general rule of treaty interpretation, this article identifies two main areas in which such jurisprudence can be applicable in TRIPS disputes. These comprise procedural issues arising under the DSU and substantive issues surrounding basic GATT principles as adapted in Part I of TRIPS. The author makes a case study of the panel report in US – Section 110(5) Copyright Act to explore the consequences of resorting to GATT concepts in the interpretation and application of a minimum standard for intellectual property protection in Part II of TRIPS, and cautions against use of such an approach in future TRIPS disputes.
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Grossman, Gene M., and Alan O. Sykes. "European Communities – Conditions for the Granting of Tariff Preferences to Developing Countries (WT/DS246/AB/R)." World Trade Review 5, S1 (2006): 220–53. http://dx.doi.org/10.1017/s1474745606001455.
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The WTO case brought by India in 2002 to challenge aspects of the European Communities’ Generalized System of Preferences (GSP) brings fresh scrutiny to a policy area that has received little attention in recent years – trade preferences for developing countries. The idea for such preferences emerged from the first United Nations Conference on Trade and Development (UNCTAD) in 1964. The ensuing negotiations led to Resolution 21(ii) at the second session of UNCTAD in 1968, acknowledging “unanimous agreement” in favor of the establishment of preferential arrangements. Tariff discrimination violates the most-favored nation (MFN) obligation of General Agreement on Tariffs and Trade (GATT) Art. I, however, and thus the legal authority for preferential tariff schemes had to await a GATT waiver of this obligation, which came in 1971. The waiver was to expire after 10 years, but the authority for preferences was extended by the GATT Contracting Parties Decision of November 28, 1979 on Differential and More Favorable Treatment, Reciprocity and Fuller Participation of Developing Countries, popularly known as the “Enabling Clause,” and now incorporated into the law of the WTO along with the GATT itself.
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Duque, Gustavo Adolfo Guarin. "Interpreting WTO Rules in Times of Contestation (Part 1): Trump Tariffs on Imported Steel and Aluminium in the Light of the GATT 1994." Global Trade and Customs Journal 13, Issue 10 (October 1, 2018): 420–34. http://dx.doi.org/10.54648/gtcj2018046.
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This article is a research written under the legal framework of the World Trade Organization. It focuses on the compatibility of the Trump administration’s tariffs, quotas and waivers on imported steel and aluminium with the General Agreement on Tariffs and Trade of 1994 and the Agreement on Safeguards. In the research, the author made a general description of the measures enacted by the US on aluminium and steel and made a legal assessment of the measures in the light of the principal obligations provided in the GATT 1994 and the Agreement on Safeguards of the WTO.
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Mavroidis, Petros C. "WTO and PTAs: A Preference for Multilateralism? (or, the Dog That Tried to Stop the Bus)." Journal of World Trade 44, Issue 5 (October 1, 2010): 1145–54. http://dx.doi.org/10.54648/trad2010044.
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This article deals with preferential trade agreements (PTAs) coming under the aegis of the General Agreement on Tariffs and Trade (GATT; trade in goods where one party is not a developing country). The argument advanced here is that, as things stand, in the absence of theory explaining the rationale for PTAs, it is probably wiser from a policy perspective to concentrate on the multilateral agenda and avoid tackling this issue head on.
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Walter, Jan, and Iyan I. H. Offor. "GATT Article XX(a) Permits Otherwise Trade-Restrictive Animal Welfare Measures." Global Trade and Customs Journal 12, Issue 4 (April 1, 2017): 158–66. http://dx.doi.org/10.54648/gtcj2017022.
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There is ample support in the literature (primarily recent academic commentary) for the proposition that trade restrictions aimed at protecting animal welfare can be justified under Article XX(a) of the General Agreement on Tariffs and Trade (GATT) 1994 and thus are complimentary to and compliant with the World Trade Organisation’s (WTO) free trade agenda, particularly in light of the EC – Seal Products case and the way it has affected interpretations of GATT Article XX(a).
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Knudsen, Odin. "Developing Country Perspective: Southern Agriculture and the World Economy: The Multilateral Trade Negotiations." Journal of Agricultural and Applied Economics 20, no. 1 (July 1988): 59–64. http://dx.doi.org/10.1017/s0081305200025632.
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The Uruguay Round marks the eighth time since the end of World War II that the member countries of General Agreement on Tariffs and Trade (GATT) have attempted to negotiate a reduction in trade restrictions and protection. Previous rounds of negotiation have had remarkable success in reducing trade protection.
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Mehra, Rekha. "General Agreement on Tariffs and Trade (GATT). International Trade 86–87 . Geneva: GATT, 1987, 235 pp., price unknown." American Journal of Agricultural Economics 70, no. 4 (November 1988): 967–68. http://dx.doi.org/10.2307/1241952.
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Kucik, Jeffrey, and Eric Reinhardt. "Does Flexibility Promote Cooperation? An Application to the Global Trade Regime." International Organization 62, no. 3 (July 2008): 477–505. http://dx.doi.org/10.1017/s0020818308080168.
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Do flexibility provisions in international agreements—clauses allowing for legal suspension of concessions without abrogating the treaty—promote cooperation? Recent work emphasizes that provisions for relaxing treaty commitments can ironically make states more likely to form agreements and make deeper concessions when doing so. This argument has particularly been applied to the global trade regime, the General Agreement on Tariffs and Trade (GATT) and its successor, the World Trade Organization (WTO). Yet the field has not produced much evidence bearing on this claim. Our article applies this claim to the global trade regime and its chief flexibility provision, antidumping. In contrast to prior work, this article explicitly models the endogeneity and selection processes envisioned by the theory. We find that states joining the WTO are more likely to adopt domestic antidumping mechanisms. Likewise, corrected for endogeneity, states able to take advantage of the regime's principal flexibility provision, by having a domestic antidumping mechanism in place, are significantly more likely to (1) join the WTO, (2) agree to more tightly binding tariff commitments, and (3) implement lower applied tariffs as well.
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Chandiramani, N. M. "Medical Tourism: Implications for India." Courier of Kutafin Moscow State Law University (MSAL)), no. 1 (April 6, 2022): 30–38. http://dx.doi.org/10.17803/2311-5998.2022.89.1.030-038.
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The General Agreement on Tariffs and Trade (GATT), an outcome of Bretton Woods Conference, was a trade pact to pursue the objective of free trade in goods. The 8th Uruguay Round of GATT negotiations launched in Punta Del Este in 1986 went well beyond trade in goods and extended to trade in areas like intellectual property, investment and services, resulting in agreements such as TRIPS, TRIMS and GATS. GATS, The General Agreement on Trade in Services, internationalized trade in services and gave a momentum to international trade in services, including healthcare services. The Agreement specifies the four modes of supply of services, one of these being consumption abroad. In this mode a consumer who needs services moves to the country offering the service as in the case of a student going overseas for higher education or a person seeking medical treatment in a foreign country. The GATS gave a boost to medical tourism in some Asian countries such as Indonesia, Malaysia, Philippines, Singapore, Thailand and India.This Paper after distinguishing medical tourism from health/wellness tourism, traces the growth of medical tourism in Asian countries and points out the factors contributing to this growth. It then specifically highlights the reasons why India has become the preferred destination for medical tourism. What follows is a critical analysis of the opportunities and challenges posed by medical tourism for India. It concludes by opining that internationalization of healthcare services in India should not be at the cost of health injustice to the Indians, especially for those who need health justice the most!
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Willis, Allan, and Michael G. Woods. "The NAFTA Panel Decision on Supply Management: Gamble or Bargain?" Canadian Yearbook of international Law/Annuaire canadien de droit international 35 (1998): 81–112. http://dx.doi.org/10.1017/s0069005800006603.
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SummaryIn July 1995, the United States requested the establishment of the first Panel under Chapter 20 procedures of the North American Free Trade Agreement (NAFTA) and challenged Canada's duties on its “supply-managed” dairy, poultry, egg, barley, and margarine products. These industries had grown and prospered under supply management – a system intended to establish stability in a domestic market afflicted by unpredictable production cycles. The import restrictions were designed in conformity with the international trade rules as set out in the General Agreement of Tariffs and Trade (GATT). These rules changed in 1995 as a result of the WTO Agreement on Agriculture under which Canada and WTO members replaced quantitative import restrictions with tariffs and tariff-rate quotas. The United States claimed that the duties contravened the basic NAFTA obligation to not rahe tariffs. Canada countered that the new tariff rates were justified under the new WTO Agreement on Agriculture that had been negotiated in Geneva after NAFTA. The resulting decision in favour of Canada was both praised for its consideration of the case in the context of the complex interplay of relevant trade obligations and criticized for finding “an implied bargain among negotiators … that was never struck.” The Panel assumed that if tariff eqivalents could not be applied – which in effed would render the WTO Agreement on Agriculture inoperative – the result would be that the parties would be entitled to apply Article XI restrictions as if the Uruguay Round had never happened. The logic was impeccable – the NAFTA was “not to be read in clinical isolation from public international law.”
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Sultan, Arif. "WTO SUCCESSOR TO GATT." American Journal of Islam and Society 14, no. 2 (July 1, 1997): 172–87. http://dx.doi.org/10.35632/ajis.v14i2.2248.
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Within a short span of time a number of economic blocs have emergedon the world horizon. In this race, all countriedeveloped, developingand underdeveloped-are included. Members of the North America FreeTrade Agreement (NAITA) and the European Economic Community(EEC) are primarily of the developed countries, while the EconomicCooperation Organization (ECO) and the Association of South EastAsian Nations (ASEAN) are of the developing and underdevelopedAsian countries.The developed countries are scrambling to create hegemonies throughthe General Agreement on Tariff and Trade (GATT). In these circumstances,economic cooperation among Muslim countries should be onthe top of their agenda.Muslim countries today constitute about one-third of the membershipof the United Nations. There are around 56 independentMuslim states with a population of around 800 million coveringabout 20 percent of the land area of the world. Stretchingbetween Atlantic and the Pacific Oceans, the Muslim Worldstraddles from North Africa to Indonesia, in two major Islamicblocs, they are concentrated in the heart of Africa to Indonesia,in two major blocs, they are concentrated in the heart of Africaand Asia and a smaller group in South and Southeast Asia.'GATT is a multilateral agreement on tariffs and trade establishing thecode of rules, regulations, and modalities regulating and operating internationaltrade. It also serves as a forum for discussions and negotiations ...
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Saurombe, A. "The Southern African Development Community Trade Legal Instruments Compliance with Certain Criteria of GATT Article XXIV." Potchefstroom Electronic Law Journal/Potchefstroomse Elektroniese Regsblad 14, no. 4 (June 8, 2017): 286. http://dx.doi.org/10.17159/1727-3781/2011/v14i4a2591.
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Article XXIV of the General Agreement on Tariffs and Trade (GATT) lays down the legal principles with which regional trade agreements have to conform. Based on these principles, WTO members have the mandate to determine the legality of Regional Trade Agreements (RTAs) under the GATT. Article XXIV permits both regional and bilateral preferential trade agreements leading to the formation of customs unions and free trade areas, and seeks to integrate them in the multilateral trading system envisioned for the world. SADC is an RTA created under this Article. Notwithstanding the controversies surrounding the provisions and interpretation of Article XXIV, this paper seeks to establish the extent to which the SADC Protocol on Trade and free trade area comply with WTO rules. An analysis of selected Article XXIV provisions and the SADC Trade Protocol provisions will be undertaken in trying to establish this compliance.
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Ife Ogbonna, J. "Protecting Human Rights as Public Morals under the General Agreement on Tariffs and Trade (gatt) 1994." International Human Rights Law Review 3, no. 1 (June 4, 2014): 97–121. http://dx.doi.org/10.1163/22131035-00301006.
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This article analyses the acceptance of the concept of ‘public morals’ as a legitimate objective grounded in the importance of internationally recognised human rights instruments and worthy of protection by a Panel of the World Trade Organisation (wto) in the case European Communities – Measures Prohibiting the Importation and Marketing of Seal Products. It analyses how the General Exception clause to the General Agreement on Tariffs and Trade (gatt) Article XX(a) was successfully used to defend a regulatory measure and concludes by endorsing a symbiotic relationship between wto Agreements and international human rights instruments.
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Ahn, Dukgeun. "Third Country Dumping: Origin, Evolution and Prospect." Journal of World Trade 46, Issue 3 (June 1, 2012): 635–55. http://dx.doi.org/10.54648/trad2012020.
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Third country anti-dumping actions were envisioned at the very inception of the General Agreement on Tariffs and Trade (GATT) and yet almost completely neglected by most governments throughout the GATT/World Trade Organization (WTO) history. The requirement for prior approval by multilateral trade institutions became a formidable procedural obstacle for any country seeking third country anti-dumping duty (AD) actions. Despite such difficulties, there were only few attempts to effectively employ such actions and several legal arrangements to refine the rules for third country AD actions. This article investigates the origin and historical development concerning third country AD actions and examines their implications for the current WTO system that is congested with numerous Free Trade Agreements (FTAs).
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Baena-Rojas, Jose Jaime, and Susana Herrero-Olarte. "From Preferential Trade Arrangements to Free Trade Agreements: One of the Downturns of Cooperation in International Relations?" Social Sciences 9, no. 8 (August 6, 2020): 139. http://dx.doi.org/10.3390/socsci9080139.
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Since the signing of the General Agreement on Tariffs and Trade (GATT) and the creation of the World Trade Organization (WTO), preferential trade agreements (PTAs) have been an interesting tool to promote international cooperation through the granting of non-reciprocal and/or unilateral tariff preferences by developed countries to developing countries. These international agreements have tended to generate critical trade dependencies for the receiving countries. Due to the circumstances of world trade and due to the lack of interest of the grantors to maintain this type of tariff preference, these developing countries are forced to renegotiate their PTAs into to free trade agreements (FTAs). To demonstrate this, we conducted a qualitative analysis to characterize the behavior of PTAs and their impact on the configuration of FTAs and to obtain indicators and trends. The results suggested a predominance of FTAs and a decline in PTAs. This was done to maintain access to the markets within those granting countries, which also became the main trading partners of these PTA recipient countries.
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Yuan, Lingran, Qizheng Zhang, Shuo Wang, Weibin Hu, and Binlei Gong. "Effects of international trade on world agricultural production and productivity: evidence from a panel of 126 countries 1962-2014." International Food and Agribusiness Management Review 25, no. 2 (February 28, 2022): 293–309. http://dx.doi.org/10.22434/ifamr2021.0055.
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General Agreement on Tariffs and Trade (GATT) was notable in largely excluding agriculture whereas the World Trade Organization (WTO) brought agriculture into the world trade rules. This article aims to evaluate the impacts of trade on agriculture production and productivity, especially the changes between the GATT and WTO periods. Using a panel of 126 countries from 1962-2014, this article derives not only spillover effects that were overlooked, but also provides more accurate productivity than was estimated with bias in literature for both periods. We find that trade hindered agriculture production and productivity in the GATT period but improved agriculture production and productivity in the WTO period.
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Davies, Arwel. "Interpreting the Chapeau of GATT Article XX in Light of the ‘New’ Approach in Brazil-Tyres." Journal of World Trade 43, Issue 3 (June 1, 2009): 507–39. http://dx.doi.org/10.54648/trad2009021.
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Non-discrimination obligations in the World Trade Organization (WTO) Agreements continue to be intensely debated in terms of how to characterize what is prohibited and what legal tests and methodologies should be applied. This article engages with various aspects of this debate with reference to the different conceptions of the chapeau of General Agreement on Tariffs and Trade (GATT) Article XX evident in the panel and Appellate Body reports in Brazil-Tyres.
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Nwoke, Uchechukwu. "Imposition of trade tariffs by the USA on China: implications for the WTO and international trade law." Journal of International Trade Law and Policy 19, no. 2 (April 18, 2020): 69–84. http://dx.doi.org/10.1108/jitlp-01-2019-0003.
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Purpose The increased integration of national economies and the belief that international trade is beneficial to societies has led to the formation of the World Trade Organization (WTO), to regulate the conduct of international trade by national governments. Using US domestic legislation and case laws, as well as the provisions of the General Agreement on Tariffs and Trade (GATT) 1994, the purpose of this paper is to analyze the legality or otherwise of the recent imposition of unilateral trade tariffs by the USA on China. Design/methodology/approach This paper adopts a doctrinal approach through a critical review of extant legislation and case laws. Drawing from existing literature in the area of WTO and international trade law, the paper argues that the imposition of tariffs by the Trump administration is outside the scope provided for by the WTO rules. Findings The paper finds that the imposition of unilateral tariffs by the Trump Government, while in breach of US domestic legislation and case laws, as well as the country’s obligations under the GATT 1994, portends a clear danger to the continued existence of the WTO and to international trade in general. Originality/value This paper is an original study of the author, which extends the body of knowledge in the area of international trade law, by analyzing the possible implications of the imposition of trade tariffs by the USA on China and offering suggestions on how the impasse can be resolved.
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Benedek, Wolfgang. "The Participation of Africa in the General Agreement on Tariffs and Trade (GATT)." Verfassung in Recht und Übersee 20, no. 1 (1987): 45–58. http://dx.doi.org/10.5771/0506-7286-1987-1-45.
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Tucci, Louis A. "The general agreement on tariffs and trade (GATT): implications for consumer products marketing." Journal of Consumer Marketing 13, no. 1 (February 1996): 35–61. http://dx.doi.org/10.1108/07363769610107383.
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Vinti, Clive. "The "Necessity Test" as Expressed by the Enigmatic Article XX(j) of the General Agreement on Tariffs and Trade (1994): Appellate Body Report, India - Certain Measures Relating to Solar Cells and Solar Modules." Potchefstroom Electronic Law Journal 22 (October 25, 2019): 1–17. http://dx.doi.org/10.17159/1727-3781/2019/v22i0a5308.
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The General Agreement on Tariffs and Trade (1994) (GATT) is premised on the elimination of all barriers to trade in goods. Contrary to this approach, Article XX of the GATT authorises the circumvention of this imperative. More specifically, Article XX(j) of the GATT essentially provides that GATT contracting parties are authorised to promulgate measures that are "essential" to the acquisition of products in general or local short supply. This invariably means that only measures that are "essential" will satisfy the "necessity test" contemplated under Article XX(j). The Appellate Body Report, India - Certain Measures Relating to Solar Cells and Solar Modules is the first World Trade Organisation case to elaborate on the "necessity test" of Article XX(j) of the GATT. This paper seeks to evaluate the Appellate Body's findings on the "necessity test" of Article XX(j).
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Mustafa, Usman, Waqar Malik, and Mohammad Sharif. "Globalisation and Its Implications for Agriculture, Food Security, and Poverty in Pakistan." Pakistan Development Review 40, no. 4II (December 1, 2001): 767–86. http://dx.doi.org/10.30541/v40i4iipp.767-786.
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The world trade liberalisation has been the major concern to almost all the international communities since very long due to the extensive trade restrictions imposed by the developed and industrial countries. These restrictions caused to create a very tough protectionist economic environment for all the countries [SESRTCIC (1995) and Chaudhary (2001)]. Pakistan is one of the founder members of the General Agreement on Tariffs and Trade (GATT) since 1948 and a signatory of Uruguay Round of Multilateral Trade Agreement (MTA) with Word Trade Organisation (WTO). The Agreement made significant progress in three major areas i.e. market liberalisation which could add approximately one percent of world real GDP (US$212-274 billion) and 10 percent to world trade upon full implementation of the Agreement, strengthening of rule and institutional structure, particularly the creation of WTO, which could decide on dispute and impairment of trade rules and principles, and integration of new areas into the multilateral trading system such as general agreements on trade in services (GATS) and trade-related intellectual property rights (TRIPs), trade-related investment measures (TRIMs) and the traditionally sensitive and contentious sectors (agriculture, and textile and clothing) [Abidin (1994); GATT (1994) and IMF (1994)]. The classical economists explained the welfare benefits of globalisation (by the specialisation and widening of markets through trade). Trade can bring settlement by allowing countries to take benefit of their comparative advantage, harvest the profit of scale economies and ensure competition, greater variety and potentially, more stable markets and prices. The free movement of capital directs resources towards their more productive use.
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Din, Musleh-ud, and Kalbe Abbas. "The Uruguay Round Agreement: Implications for Pakistan’s Textiles and Clothing Sector." Pakistan Development Review 38, no. 4II (December 1, 1999): 823–33. http://dx.doi.org/10.30541/v38i4iipp.823-833.
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The Uruguay Round (UR), which marked the conclusion of protracted multilateral trade negotiations, resulted in comprehensive agreements on multilateral trade in goods and services within the framework of the General Agreement on Tariffs and Trade (GATT). The newly created World Trade Organisation (WTO) provides an institutional framework that encompasses all the agreements and legal instruments negotiated in the UR as well as the dispute settlement procedures and provisions for the regular monitoring of policies of the member countries. The UR agreement has been widely perceived as constituting a major advance in the process of multilateral liberalisation of trade in goods and services and, when fully implemented, is expected to improve economic efficiency and welfare from the global, national and sectoral standpoints. An important feature of the UR agreement is the incorporation of new sectors like textiles and clothing within the ambit of the GATT/WTO framework. In view of the fact that the textiles and clothing industry is one of the few sectors in which developing countries enjoy a distinct comparative advantage over industrial countries, the UR agreement holds considerable significance for developing economies like Pakistan
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Xu, Jia. "One Step Forward and Two Steps Back? Evolution of Bilateral Safeguard Provisions in Preferential Trade Agreements." Journal of World Trade 55, Issue 3 (June 1, 2021): 433–52. http://dx.doi.org/10.54648/trad2021018.
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There is an emergence of including bilateral safeguard provisions in Preferential Trade Agreements (PTAs). Most PTAs embed bilateral safeguard provisions to buffer the risk of import surges caused by tariff reductions in the intra-PTA trade. These provisions can be applied only between the PTA members, and they mainly have legal effect during the transitional period of forming a customs union or a free trade area. These provisions are linguistically similar to the multilateral safeguard codes (MSCs), i.e., Article XIX General Agreement on Tariffs and Trade (GATT) and the Agreement on Safeguards (SA), some of them even directly incorporate or copy some of the language from MSCs. This article observes that these bilateral safeguard provisions reveal ‘evolving’ features and can be mapped into three generations. Aside from the great similarity as compared to the MSCs, in the Laissez-faire of PTAs, bilateral safeguard provisions deviate from the WTO rulings: on the one hand, they are more trade-friendly since they primarily limit the form of safeguard measures to tariffs, and the duration is significantly shorter; on the other hand, they deviate from the important value of WTO since the special and differential treatment for the developing countries are hardly addressed in the North-South PTAs, the same applies to the prohibition of ‘grey area’ measure. bilateral safeguard, WTO, preferential trade agreement, ‘grey area’ measure, de minimis provision, special and differential treatment, Committee on Safeguards