Journal articles: 'GATT (General Agreement on Tariffs and Trade)'

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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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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.

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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.

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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.

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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)

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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.

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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.

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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.

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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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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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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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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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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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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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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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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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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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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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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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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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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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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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Porges, Amelia. "Japan—Trade in Semi-Conductors." American Journal of International Law 83, no. 2 (April 1989): 388–94. http://dx.doi.org/10.2307/2202757.

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In this dispute settlement action in the General Agreement on Tariffs and Trade (GATT), the complainant European Communities (EC) challenged the 1986 Japan-U.S. Arrangement on Semiconductor Trade (Arrangement). The panel of three experts found that (1) export regulations that prevent or quantitatively restrict exports below a minimum price level are inconsistent with GATT Article XI; (2) a complex of Japanese government measures including non-legally binding administrative guidance to prevent semiconductor exports below cost were such export restrictions and, hence, inconsistent with GATT Article XI; (3) the GATT’s provisions on dumping in Article VI neither justify nor forbid such restraints by exporting countries; and (4) the evidence did not show that Japanese actions to improve market access for foreign semiconductors had discriminated in favor of U.S. products.

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Ostrihansky, Rudolf. "The Future of Dispute Settlement Within GATT: Conciliation V. Adjudication." Leiden Journal of International Law 3, no. 3 (December 1990): 125–37. http://dx.doi.org/10.1017/s0922156500002223.

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A system for the settlement of disputes has developed within the General Agreement on Tariffs and Trade (GATT), originally through the practice of this organization, later on embodied in several decisions of Contracting Parties. This system presents a unique set of rules and practices for the settlement of interstate economic conflicts. It is the only comprehensive system, established within multicultural context, that is comparable with the bilateral procedure incorporated in the Free Trade Agreement between the United States and Canada.

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Gowa, Joanne, and Soo Yeon Kim. "An Exclusive Country Club: The Effects of the GATT on Trade, 1950–94." World Politics 57, no. 4 (July 2005): 453–78. http://dx.doi.org/10.1353/wp.2006.0010.

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Using data on bilateral trade flows from both before and after World War II, this article examines the impact of the General Agreement on Tariffs and Trade on trade between its members and on the system of interwar trade blocs. It shows that the distribution of the benefits produced by the GATT was much more highly skewed than conventional wisdom assumes. The article also shows that the gold, Commonwealth, Reichsmark, and exchange-control blocs exerted positive and significant effects on trade after 1945. The authors attribute these effects to the bargaining protocol that governed successive rounds of GATT negotiations, the signature element of the postwar trade regime.

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Puckett, A. Lynne, and William L. Reynolds. "Rules, Sanctions and Enforcement Under Section 301: At Odds with the WTO?" American Journal of International Law 90, no. 4 (October 1996): 675–89. http://dx.doi.org/10.2307/2203997.

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Section 301 of the Trade Act of 1974 permits the United States Trade Representative (USTR) to investigate and impose sanctions on countries whose trade practices are found to be unfair to U.S. interests. It reaches beyond the General Agreement on Tariffs and Trade (GATT), to give the United States unilateral power to penalize countries that threaten American interests. Section 301 can be used to enforce United States rights under multilateral and bilateral trade agreements, as well as to remedy unreasonable, unjustifiable or discriminatory foreign trade practices that restrict or burden U.S. trade. It contains both mandatory and discretionary provisions and specific timetables for action by the USTR.

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Hartmann, Stephanie. "Russia – Measures Concerning Traffic in Transit (WTO)." International Legal Materials 58, no. 5 (October 2019): 899–1027. http://dx.doi.org/10.1017/ilm.2019.40.

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On April 5, 2019, a World Trade Organization (WTO) panel (Panel) issued its decision in the dispute Russia – Measures Concerning Traffic in Transit. This decision is notable because it is the first instance in which a WTO panel has been called on to interpret the national security provision of the General Agreement on Tariffs and Trade (GATT 1994), Article XXI.

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Mahoney, Eileen. "Trade and international telecommunications policy." Gazette (Leiden, Netherlands) 50, no. 2-3 (October 1992): 193–216. http://dx.doi.org/10.1177/001654929205000206.

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Development of trade rules for international telecommunications within the ongoing General Agreement on Tariffs and Trade (GATT) negotiations and the recently- concluded North American Free Trade Agreement represent a significant shift in policymaking. Historically, telecommunication has been the responsibility of national governmental authorities, whether through public sector service provision or regulation. However, the increasing incorporation of communication and information resources into the transnational corporate economy in the past two decades has prompted efforts to shift control to the private sector. This study analyses the impact of a trade framework for telecommunications services on international and national policy-making.

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Stumberg, Robert. "Safeguards for Tobacco Control: Options for the TPPA." American Journal of Law & Medicine 39, no. 2-3 (June 2013): 382–441. http://dx.doi.org/10.1177/009885881303900210.

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With tobacco trade, the past is prologue. In the 1980s, the U.S. government used domestic trade remedies (“Super 301”) to pry open markets for U.S. tobacco companies. The targets included Japan, South Korea, Taiwan, and Thailand. A grateful tobacco industry donated a renovation of the Treaty Room in the U.S. Department of State, declaring at the dedication: “Tobacco is intimately and historically associated with American diplomacy.”Thailand responded by banning imported cigarettes on grounds that the imports were more addictive and marketing of imports was driving up consumption. The United States then challenged Thailand for violating the General Agreement on Tariffs and Trade (GATT). The GATT panel ruled against Thailand, finding that the import ban failed to satisfy the health exception of GATT Article XX.

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Nantawaroprai, Dolnapa. "Principles of Non-Discrimination against Trading State Party of Powerful Country on the basis of World Trade Organization “Case Study Banning Thai Coconut Products”." Psychology and Education Journal 58, no. 1 (January 29, 2021): 1364–68. http://dx.doi.org/10.17762/pae.v58i1.913.

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The principle of Non-discrimination of the World Trade Organization (WT0) aims to provide fairness to all member countries by means of the Most Favored Nations Treatment and National Treatment under the General Agreement of Trade and Tariffs (GATT). Accordingly, the free trade has been promoted in all regions of the world. However, many WTO members resort to take advantage of general exceptions to the non-discriminatory practice by invoking Article XX of WTO in disguise, thus affecting the free trade principle of WTO.

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Khan, Akhtar Hasan. "The Impact of the Uruguay Round on World Economy." Pakistan Development Review 33, no. 4II (December 1, 1994): 1191–203. http://dx.doi.org/10.30541/v33i4iipp.1191-1203.

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International trade as an engine for economic growth is an accepted proposition in modern economic literature. Statistical and econometric analysis of crosssection and time-series data of the growth in exports and growth in GOP shows a very high correlation between the two. Normally growth in exports is twice or more than the growth in GOP for most fast-growing economies particularly the East Asian Tigers. There is hardly any country which over a decade has had a growth in GOP higher than the average rate of growth of exports in that decade. Export led growth has been vindicated by one economy after another specially in East Asia. It is therefore of great importance that the international trading system allows the free flow of goods in order to promote the growth of the world economy as a whole. After the Second World War, plans were drawn up for an International Trade Organisation (ITO) at Havana but when the US Congress declined to approve it, it was dropped. The demise of the ITO, however did not do away with the need for an international organisation to deal with negotiations for reducing tariff and non-tariff barriers to international trade. Twenty-three nations agreed to continue extensive tariff negotiations for trade concessions at Geneva which were incorporated in a General Agreement on Tariffs and Trade (GATT). GATT has provided a permanent platform for reducing trade barriers. The fundamental objective of GATT is to achieve free trade through reduction in tariff and non-tariff barriers on the basis of non-discrimination, reciprocity and national treatment.................

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Salinas Alcaraz, Isabel. "The concept of necessity under the GATT and national regulatory autonomy." Via Inveniendi Et Iudicandi 10, no. 2 (January 22, 2016): 77. http://dx.doi.org/10.15332/s1909-0528.2015.0002.05.

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The intrusive effects of the WTO on Members regulatory freedom have been a growing concern since the establishment of the WTO Dispute Settlement System (DSS). An assessment of the WTO case law exposes that the Appellate Body (AB) has introduced some elements within the<br />necessity test under GATT (General Agreement on Tariffs and Trade) article XX which do not find support in the text of the agreement and are potentially invasive of countries regulatory autonomy. This paper examines the evolution of the WTO case law in relation to the necessity concept within GATT 1994. Finally, an adjustment in the application of the necessity test to make it more consistent with the GATT text and to achieve greater balance between free trade and WTO members’ regulatory autonomy is suggested.

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Seale, James L., and Gary F. Fairchild. "Trade Agreements, Competition, and the Environment: Gridlock at the Crossroads." Journal of Agricultural and Applied Economics 26, no. 1 (July 1994): 97–107. http://dx.doi.org/10.1017/s1074070800019210.

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In the 1980s, few agricultural economists, particularly from the Southern Region, published works on international trade or the globalization of the world economy. The initiation of the Uruguay Round of the General Agreement on Tariffs and Trade (GATT) in 1986 stimulated such writings as the Southern Agriculture in a World Economy series by the Southern Region Extension International Trade Task Force (Rosson et al.). An even smaller number of agricultural economists were writing on policy linkages between trade and the environment. An early effort to remedy this situation was the Workshop on Linkages between Natural Resources and International Trade in Agricultural Commodities (Sutton).

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Clayton, Kenneth C. "United States Perspective: Southern Agriculture and the World Economy: The Multilateral Trade Negotiations." Journal of Agricultural and Applied Economics 20, no. 1 (July 1988): 73–76. http://dx.doi.org/10.1017/s0081305200025668.

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The current “Uruguay Round” of trade negotiations under the General Agreement on Tariffs and Trade (GATT) began with the Declaration by trade ministers at Punta del Este, Uruguay, in September 1986. To conduct the negotiations, an agricultural negotiating group, along with fourteen other such groups, has been established. Negotiating proposals on agriculture have been offered by the Nordic Countries, the European Community (EC), Canada, the Cairns group, Japan, and the United States.

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Palmeter, David. "The WTO Appellate Body's First Decision." Leiden Journal of International Law 9, no. 2 (June 1996): 337–60. http://dx.doi.org/10.1017/s0922156596000234.

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The General Agreement on Tariffs and Trade (GATT) began more as a diplomatic forum where parties compromised disagreements than a court that settled them. The term ‘conciliation’ was used more frequently to describe the process than the term ‘dispute settlement’. However, over nearly half a century as the focal point of international trade law and diplomacy, GATT's dispute settlement procedures moved decidedly, if not steadily, from the diplomatic to the juridical. With the adoption of the Marrakesh Agreement Establishing the World Trade Organization (WTO), the juridical model clearly has prevailed.

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CHARNOVITZ, STEVE. "John Jackson and the GATT's Transformation." World Trade Review 15, no. 3 (June 1, 2016): 401–3. http://dx.doi.org/10.1017/s1474745616000148.

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John Jackson's long, fruitful association with the General Agreement on Tariffs and Trade (GATT) was unique in the annals of international organizations. His 1969 book, World Trade and the Law of GATT, became the Baedeker for government officials, practitioners, and academics seeking an overall understanding of the trading system or an explanation of a particular GATT provision. Yet the uniqueness of Jackson's relationship to the GATT was not just his foundational scholarship; every international organization in the twentieth century spawned a scholarly community. The uniqueness came from his role as a teacher attracting graduate law students from around the world who traveled to Ann Arbor to study with him and then returned to their countries to take on leadership roles in international trade. These decades of students inspired by Jackson and educated by his synoptic understanding of trade law enhanced Jackson's influence on the GATT in a way that has no parallel in other agencies.

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Steger, Debra P. "WTO Dispute Settlement: Revitalization of Multilateralism After the Uruguay Round." Leiden Journal of International Law 9, no. 2 (June 1996): 319–35. http://dx.doi.org/10.1017/s0922156596000222.

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For several years, there has been a tension between differing philosophies of General Agreement on Tariffs and Trade (GATT) dispute settlement. Commentators have taken different views on whether the system was fundamentally based on an arbitration or a judicial model. The Understanding on Rules and Procedures Governing the Settlement of Disputes (DSU), Annex II to the Marrakesh Agreement Establishing the World Trade Organization (WTO Agreement), represents the first extensive, negotiated agreement revitalizing the dispute settlement system in the history of the General Agreement. It represents nothing less than a complete reform of the GATT dispute settlement system. What is remarkable is that it is the product of extensive multilateral negotiations. In the past, modifications were made to the system on an incremental, case-by-case basis. Since the GATT came into existence in 1948, Articles XXII and XXIII have formed the basis of the dispute settlement mecha-nism. They are very sparse provisions, and most of the procedures that have come to characterize the pre-WTO GATT system have evolved over time as a result of experience in specific cases. Some of these procedural improvements were codified in Decisions and Understandings negotiated at various points in GATT history, but none were as comprehensive as the DSU.

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Trachtman, Joel. "The WTO Seal Products Case: Doctrinal and Normative Confusion." AJIL Unbound 108 (2014): 323–27. http://dx.doi.org/10.1017/s239877230000948x.

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The negotiators and drafters of the Agreement establishing the World Trade Organization(WTO), which includes the General Agreement on Tariffs and Trade 1947(GATT) and the Agreement on Technical Barriers to Trade(TBT), as well as other subagreements dealing with domestic regulation, such as the Agreement on Sanitary and Phytosanitary Measures(SPS), did not do a great job of doctrinal integration among the different documents that comprise the WTO Agreement. To be fair, at the end of the Uruguay Round, the hour was late and they may have felt that the basic ideas were sufficiently clear that it could all be sorted out in litigation. But in several contexts, including within the original GATT, the text of which dates from 1947, they covered the same ground in multiple places, without stating clearly how the different norms relate to one another,and without articulating plausible reasons for different treatment. For example, why is different language used for national treatment in three different places within Article III of GATT, and why is that language different from the language that appearsto have the same purpose in the TBT Agreement or in the SPS Agreement?

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Amin, Ruzita Mohd. "A Decade of the World Trade Organization and the Trade Performance of Muslim Countries." American Journal of Islam and Society 27, no. 4 (October 1, 2010): 23–44. http://dx.doi.org/10.35632/ajis.v27i4.369.

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The World Trade Organization (WTO), established on 1 January 1995 as a successor to the General Agreement on Tariffs and Trade (GATT), has played an important role in promoting global free trade. The implementation of its agreements, however, has not been smooth and easy. In fact this has been particularly difficult for developing countries, since they are expected to be on a level playing field with the developed countries. After more than a decade of existence, it is worth looking at the WTO’s impact on developing countries, particularly Muslim countries. This paper focuses mainly on the performance of merchandise trade of Muslim countries after they joined the WTO. I first analyze their participation in world merchandise trade and highlight their trade characteristics in general. This is then followed by a short discussion on the implications of WTO agreements on Muslim countries and some recommendations on how to face this challenge.

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Putra, Akbar Kurnia. "Agreement on Agriculture Dalam World Trade Organizations." Jurnal Hukum & Pembangunan 46, no. 1 (March 31, 2016): 90. http://dx.doi.org/10.21143/jhp.vol46.no1.37.

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Kerangka liberalisasi perdagangan komoditi pertanian dalam konteks World Trade Organization (WTO) tertuang dalam Perjanjian Umum Bidang Pertanian atau Agreement on Agriculture (AOA). AOA adalah salah satu perjanjian internasional WTO yang dihasilkan melalui serangkaian perundingan dalam Putaran Uruguay dari General Agreement on Tariffs and Trade (GATT). Perjanjian ini diberlakukan bersamaan dengan berdirinya WTO pada tanggal 1 Januari 1995 yang terdiri atas 13 bagian dengan 21 Pasal yang dilengkapi dengan 5 Pasal Tambahan (Annex) dan satu lampiran untuk Annex ke-5. Adapun AoA memiliki tiga pilar utama yaitu perluasan akses pasar, dukungan domestik serta subsidi ekspor. Melalui Undang-Undang Nomor 7 Tahun 1994 Indonesia telah meratifikasi ketentuan-ketentuan WTO dimana WTO mewajibkan negara-negara anggotanya untuk menyesuaikan aturan-aturan yang termuat dalam Annex WTO. Salah satunya adalah aturan-aturan kebijakan pangan Indonesia yaitu melalui Undang-undang Nomor 7 Tahun 1996 tentang Pangan dan Peraturan Pemerintah Nomor 68 Tahun 2002 tentang Ketahanan Pangan.

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Shadikhodjaev, Sherzod. "The Russian Trade-Remedy System: Peculiarities and Future Prospects." Review of Central and East European Law 35, no. 2 (2010): 159–89. http://dx.doi.org/10.1163/157303510x12650378240197.

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AbstractSince its 1993 application for membership in the General Agreement on Tariffs and Trade (GATT, now the World Trade Organization, or WTO), Russia has enacted several legal instruments to adapt to WTO trade-remedy rules. Russia's 2003 Trade-Remedy Law largely reiterates WTO rules; it also, however, contains certain provisions that clarify ambiguous language used in the WTO agreements, that set forth either stricter or looser standards, or that introduce new elements that do not exist in the current multilateral trade agreements. In addition, some peculiarities can also be found with respect to institutional and practical aspects of the Russian trade-remedy system. Furthermore, it is expected that this system will undergo certain transformations under a planned customs union involving Russia, Belarus, and Kazakhstan.

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Journal articles on the topic 'GATT (General Agreement on Tariffs and Trade)'

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