CONTRACTING PARTIES - Torquay Negotiations under Article XXVIII - Unfinished Negotiations (Resolution of 3 April 1951, GATT/CP/107 & SECRET/CP/16/Rev.1) - Addendum - Schedule IX - Cuba 04/07/1951 GATT/CP/112/Add.4 Part II Chapter 3 Quantitative Restrictions 235 Chapter 3 QUANTITATIVE RESTRICTIONS OVERVIEW OF RULES Article XI of the GATT generally prohibits quantitative restrictions on the im-portation or the exportation of any product by stating that “No prohibitions or re-strictions other than duties, taxes or other charges shall be instituted or maintained The GATT Articles are only one component of the WTO Agreements that were incorporated into the Marrakesh Declaration of 15 April 1994 which marked the conclusion of the Uruguay Round. totality of evidence. During the past decade, an effort was made to launch a new definition of “like product” as that term is used in Article III of GATT. not relevant in determining likeness. must be assessed as a whole. 252-272 Keywords WTO; GATT 3조; 내국민 대우원칙 Abstract 1995년 1월 1일자로 세계무역기구(World Trade Organization, 이하 “WTO"라 줄임)가 탄생한 이래 세계경제질서는 다분히 WTO의 울타리를 벗어나서는 논의할 수 없게끔 되었다. Thailand - Cigarettes. Article III, in its present form, has been incorporated into GATT 1994 by way of reference. formally legally identical could in practical effect create less favourable treatment. THE GENERAL AGREEMENT ON TARIFFS AND TRADE (GATT 1994) The following legal text of GATT 1994 is that of GATT 1947 as rectified, amended or modified by the terms of legal instruments that entered into force before the date of entry into force of the WTO Agreement and without amendment to take into account the explanatory notes in paragraph Article xx(b) as a "justifiable deviation" from GATT obligations. Members should also prevent their fraudulent use. p The intention of the drafter was clear to treat imported goods at par with domestic product so as to reduce the concept of protectionism. Article III*: National Treatment on Internal Taxation and Regulation 1. formal different treatment doesn't necessarily constitute less favourable treatment, design, structure and expected operation of the measure at issue. Exploiting data on GATT/WTO trade disputes initiated and completed between 1973 and 1998, this paper identifies economic and institutional determinants that help defendant governments commit to liberalizing trade. Option 3:Confirmation that GATT Article XX(g) covers clean air and the atmosphere The WTO’s DSM has confirmed that clean air is covered (but not the atmosphere), but it is not explicit in the text. 1.1 What Does “GATT” Mean? Article XVII ... 124 ANALYTICAL INDEX OF THE GATT Paragraph 2 A tax conforming to the requirements of the first sentence of paragraph 2 would be considered to be inconsistent with the GATT Contracting Parties and WTO Members have repeatedly recognized this inherent right of each Member.3 As Russia has stated in its submission, “determination of an action that is necessary for the protection of a Member’s essential security interests and determination of does the measure at issue modify the conditions in the relevant market to the detriment of like imported products? 1 NOTIFICATION OF REGIONAL TRADE AGREEMENTS 1.1. Article VIII: Fees & Formalities Connected with Importation & Exportation
These should be a fair reflection of cost and not be used as a means of protection. ğ ğ ¾ ¾ _ > î > They can trade duty-free with each other without having to allow imports in duty-free from anywhere else, for example Switzerland, India or Brazil. must be attributable to relationship between measures of issue and impact for imported v domestic. They can trade duty-free with each other without having to allow imports in duty-free from anywhere else, for example Switzerland, India or Brazil. Article XXXVII: Commitments
Commitments by developed Members to accord higher priority and have special regard to the elimination of trade barriers on products of interest to developing countries. When GATT was concluded by 23 countries at Geneva, in 1947 (to take effect on Jan. 1, 1948), it was considered an interim arrangement pending the formation of a United Nations agency to supersede it. General Agreement On Tariffs And Trade: A treaty created following the conclusion of World War II. 3. the measure may still be considered to create LFT if it creates incentives for market participants to behave in certain ways and therefore have effect of LFT - Korea: various measures on beef. Article XI: General Elimination of Quantitative Restrictions
Trade restrictions should be in the form of duties, taxes and other charges whether effective through quotas, import and export licences and other measures, ultimately requiring the tariffication of all quantitative restrictions. If set at domestic product level, affect competitive pop of imported product which could otherwise be supplied below min price - Canada Provincial Liquor Boards, if there is a minimum price set at domestic level, it doesn't affect the domestic producers but does effect the competitive opportunities to the imported product which could otherwise be supplied below minimum price. The remaining WTO Agreements are summarised briefly in Milner & Read, Introduction: Trade Liberalisation, Competition & the WTO, also on the reading list. Making it explicit would ensure that it applied to measures to address, inter alia, climate change, ozone depletion and … The Chairperson recalled that, under the working procedures agreed by the Committee on Upon review of GATT/ WTO cases in which Article XXI has been invoked, it becomes quite clear that this particular Article may create a “slippery slope” for abusive and/or protectionist trade-barriers. Nation obligation of GATT Article I:1, and (2) the meaning accorded to “like product” concept in the National Treatment obligations of paragraphs 2 and 4 of GATT Article III. . does the measure have to apply across the board? 3 : Export Subsidies and "Equitable s'hares" COLIN PHEGAN THEORIGINS D CONTENT ARTICLE :3 O F GATT AN OF XVI Article XVI:3 o f the General Agreement on Tariffs and Trade (GATT)states (in part)': . even if applied equally to imported or domestic products don't necessarily accord equal conditions of competition. Article XXXIII: Accession
A non-Member may accede to the Agreement on terms agreed between itself and other Members by a two-thirds majority. Le traité entre en vigueur en janvier 1948 et le secrétariat s'installe à la Villa Bocage, à Genève, et en 1977 au Centre William-Rappard, également à Genève. Article XVI: Subsidies
Any subsidies affecting exports to and imports from Members should be notified in writing. The Article III of the GATT related to the principle of national treatment Article III is the central provision in the General Agreement regulating the application of domestic policies to imported products. does it have to be affecting under current circumstances? GATT Article III:2 on national treatment on internal taxation is an integral part of Korea’s FTAs. GATT Article III generally impedes the adoption of policies and measures aimed at domestic protection, and thus promotes trade liberalization. there must be a genuine relationship between the two. if it distinguishes based on origin, needs only to demonstrate that there can or will be domestic and imported products that are like - China Publicatiosn and Audiovisual Products- ASSUMPTION, if doesnt distinguish on the face, the likeness of the products concerned is usually at the core of the dispute. 14, Issue 2 (Spring 1994), ,pp. GATT 1994: TRADE IN GOODS After completing this Section, the reader will be able to: •define the GATT 1994 and its scope of application; •list the constituent elements of the GATT 1994: •explain the relationship between the GATT 1994 and other WTO agreements. IS the law/regulation/requirement covered, are they like products, and are they less favourable treatment. BUT now nuanced answer - may effect consumer's perceptions and behaviour, thus nature and extent of competitiveness. . contracting parties should seek to avoid the use of subsidies on the export of primary products. Regulatory Purpose and "Like Products" in Article 111:4 of the GATT (with Additional Remarks on Article III:2) Prologue . GATT Article 24 allows them to have a trade agreement just between the two of them. if legally equal creates different practical treatment? The WTO is the successor to the GATT, and the original GATT text (GATT 1947) is still in effect under the WTO framework, subject to the modifications of GATT 1994. The language of Article 2.1 TBT Agreement uses is the well-known terms ‘like products’ and ‘treatment no less favourable’ found in GATT Article III:4 for determination the national treatment obligation. EC: Asbestos - PECT, No one approach appropriate: Article 3:2- case by case. Article X of GATT (1994, Publication and Administration of Trade Regulations) contains two central principles for the international trading system: transparency of existing trade regulations, and uniform application of these regulations. Is the measure at issue a law/regulation/requirement covered by 3:4 GATT? The acronym “GATT” stands for the “General Agreement on Tariffs and Trade”. Not necessary to show that under the current circumstances the measure has an impact on the decisions of private parties to buy imported products -Canada: Auto. formally different treatment doesn't necessarily constitute less favourable treatment (Korea- Beef). , ğ ğ , ¾ ² `ÉËF¯Å ~ ‚ à ^ , , u 0 ¥ , + > GATT Article XVI. directly governing but also any that would adversely modify, minimum price requirements, ban on advertising, trade-related investment measures, taxes, a private action (if attributable to government). General Agreement on Tariffs and Trade (GATT), set of multilateral trade agreements aimed at the abolition of quotas and the reduction of tariff duties among the contracting nations. does the measure have to legally require LFT? The transparency provision of Article X.1 requires that trade-relevant information should be published in such a manner as to be accessible to third parties. Article X: Publication & Administration of Trade Regulations
All trade measures of Members should be published and therefore transparent. 3, 2012, pp. applies to domestic regulations AFFECTING sale/use of products. 3 2 The WTO Agreement The new Agreement The Tokyo Round Code was replaced by the WTO Agreement on Implementation of Article VII of the GATT 1994 following conclusion of the Uruguay Round. In EC-Asbestos the Appellate Body has told us that (l) in interpreting Article III:4 of the GATT, we must take explicit account of the policy in Article III: l . Article XVII: State Trading Enterprises
Member should notify the operations of State Trading Enterprises (STEs), including Marketing Boards. 237-268. « L’article XX a) du GATT : l’exception de moralité publique dans le commerce international », Revue internationale de droit économique, vol. GATT article XX defines this exception. security interests, as is reflected in the text of Article XXI.2 3. ¾ " ğ ¾ ğ ¾ 8 > KOrea- Various Measures on Beef. 111:4 of the General Agreement on Tariffs and Trade (GATT), we must take explicit account of the policy in Article 111:1 that measures should not be applied "so as to afford protection to domestic production" [hereafter just "so as to afford protection"].1 In Chile--Taxes on Alcoholic Beverages (Chile--Alcohol) the Appellate Body has told us 194 [hereinafter GATT 1947], incorporated into General Agreement on Tariffs and Trade 1994, Apr.