article ii gatt analytical index

Article I, GPA, GATT, Analytical Index 7 Preamble, para. Title: Analytical Index 1993 master document [WP for … GATT Analytical Index (pre-1995) Jurisprudence (WTO)-Article I. Related Work General Agreement on Tariffs and Trade (1947) ISBN 9287011176 9789287011176 ii) relating to fi ... XXI GATT 1947 (now Art. ... the “spirit of Article XXI”. No contracting party shall alter its method of determining dutiable value or of converting currencies so as to … Article XXVII - Withholding or Withdrawal of Concessions 931. If the latter agrees that the treatment contemplated was that claimed by … 3 0 obj 2 0 obj country is then allowed to take measures that are inconsistent with GATT provisions, excluding Articles I, II and XIII. 1 When the General Agreement on Tariffs and Trade (GATT) was enacted in 1947, 2 its Article XXI offered “an exception to all World Trade Organisation (WTO) rules that could be exercised at the sole discretion of a member state”. 2) KEY POINTS TO INTERPRETATION OF PRECEDENTS GATT Article XX consists of subparagraphs (a) to (j) that list the policies that may be deemed application of the general agreement, WTO document nomenclature (WTO Collections/Symbols), Basic Instruments and Selected Documents (WTO), Legal Texts (Results of the Uruguay Round), Basic Instruments and Selected Documents (GATT), Languages, Documentation and Information Management Division. ATT Analytical Index is the updated sixth edition of the Analytical Index redrafts and reorganizes a guide to the legal interpretation and applications of the General Trade Agreement. WTO ANALYTICAL INDEX GATT 1994 – Article III (Jurisprudence) 5 obligations of such trade agreement in order to permit the increase of such duty to the extent necessary to compensate for the elimination of the protective element of the tax. Applications for the right to reproduce this work or parts thereof in any form should be sent to the Director of the Information and Media Relations Division at the WTO Secretariat, 154 Rue de Lausanne, 1211 Geneva 21, Switzerland. Jurisprudence. Analytical index (GATT) Legal Notice Applications for the right to reproduce this work or parts thereof in any form should be sent to the Director of the Information and Media Relations Division at the WTO Secretariat, 154 Rue de Lausanne, 1211 Geneva 21, Switzerland. Practice. Geneva: WTO and Bernan Press, 1995. The previous edition of the Analytical Index was updated to cover panel and Appellate Body reports adopted up to the end of 2004. GATT Articles XX (General Exceptions) and XXI (Security Exceptions) are representative examples of such provisions, and they are collectively referred to as “justifiable reasons” in this Chapter. Article XX(d) prescribes that nothing in the GATT shall prevent the adoption or enforcement by any Member of measures necessary to ensure compliance with laws or regulations relating to inter alia the enforcement of monopolies operated under Articles II:4 and XVII. (Geneva: WTO and Bernan Press, 1995), 85. 2 WTO ANALYTICAL INDEX II. 3. Abbreviations are provided for the names of the various WTO agreements and the various bodies of the WTO. Whether the advantage at issue is granted immediately and unconditionally to all like products concerned. 1-20 and 1116-1118. �0��aZN~�,�S=�Ə�Gks^vNi�c�F�Y��di��kҬ��X�Nk{%��+��.��[^��&�H��[ The purpose of Article III:1 is to establish this general principle as a guide to understanding and interpreting the specific obligations contained in Article III:2 and in the other paragraphs of Article III, while respecting, and not diminishing in any way, the meaning of the words actually used in the texts of those other paragraphs. Article XXXVII:3(a), which is part of Part IV of the GATT … Updated 6th ed. 3. endobj EDITORIAL CONVENTIONS A. ABBREVIATIONS 7. Includes index. However, European officials suggested that the case could be distinguished from Nicaragua II on the basis that that case involved a primary boycott, whereas Helms-Burton created a secondary boycott. Declaration at II/14; see also GATT/CP/26 (notification by UK), GATT/CP.3/75 (Secretariat note and draft declaration), GATT/CP.3/SR.40 p. 8 ... 932 Analytical Index of the GATT. 34 WTO jurisprudence, in complete disregard of DSU Article 3.2 and its mandate to apply customary rules of interpretation, exclusively relying on pre-WTO documents, finds that ‘income taxes, because they are taxes not normally directly levied on products, are generally considered not to be subject to Article III:2’. Abbreviations ("short titles") are also given for "GATT/LEG.2." Detailed tables of contents appear at the head of each chapter. %PDF-1.7 The WTO Analytical Index is a comprehensive guide to the interpretation and application of the WTO Agreements by the Appellate Body, dispute settlement panels and other WTO bodies. 6 We limit our discussion in this article to GATT 1994, the part of the WTO agreement that delineates the basic norms and obligations of the world trading system relating … 9. General -Jurisprudence (WTO) Practice (WTO) Language incorporating the GATT 1947 and other instruments into GATT 1994-Jurisprudence (WTO) Practice (WTO) Preamble . Quoting this legal text of GATT 1994 (i.e. <> 12 Accession of Portugal and Spain to the European Communities – Report of the Working Party adopted on 19–20 October 1988, GATT Doc L/6405, BISD 35S/293-321, June 1989. 1 0 obj 40 Original GATT Contracting Parties with preferential (Part II) schedules were Australia, Canada, Cuba, India, New Zealand, Pakistan, South Africa, Sri Lanka, the UK, the United Kingdom for Newfoundland and the US: GATT Secretariat, GATT Analytical Index: Guide to GATT Law and Practice, 6th ed. WTO ANALYTICAL INDEX GATT 1994 – Article XXIV (Jurisprudence) 4 XII, XIII, XIV, XV and XX) are eliminated on substantially all the trade between the constituent territories in products originating in such territories. <>/Metadata 1066 0 R/ViewerPreferences 1067 0 R>> <>/ExtGState<>/ProcSet[/PDF/Text/ImageB/ImageC/ImageI] >>/Annots[ 16 0 R 20 0 R 21 0 R 24 0 R 25 0 R 29 0 R 34 0 R 36 0 R 37 0 R 38 0 R 40 0 R 41 0 R 42 0 R 43 0 R 44 0 R 46 0 R 47 0 R 48 0 R 49 0 R 51 0 R 52 0 R 53 0 R 55 0 R 56 0 R 58 0 R 59 0 R 60 0 R 61 0 R 62 0 R 65 0 R 66 0 R 67 0 R 68 0 R 70 0 R 71 0 R 73 0 R 74 0 R 76 0 R 77 0 R 78 0 R 80 0 R] /MediaBox[ 0 0 595.32 841.92] /Contents 4 0 R/Group<>/Tabs/S/StructParents 1>> The WTO Analytical Index: Guide to WTO Law and Practice is an article-by-article guide to the interpretation and application of the WTO agreements by WTO bodies. <> National Treatment on Internal Taxation and Regulation, Special Provisions relating to Cinematograph Films, Fees and Formalities connected with Importation and Exportation, Publication and Administration of Trade Regulations, General Elimination of Quantitative Restrictions, Restrictions to Safeguard the Balance of Payments, Non-discriminatory Administration of Quantitative Restrictions, Exceptions to the Rule of Non-discrimination, Governmental Assistance to Economic Development, Emergency Action on Imports of Particular Products, Territorial Application - Frontier Traffic - Customs Unions and Free-trade Areas, Acceptance, Entry into Force and Registration, The Relation of this Agreement to the Havana Charter, Non-application of the Agreement between Particular Contracting Parties, Provisional Analytical index (GATT) This publication provides a guide to the interpretation and application of the General Agreement on Tariffs and Trade, drawn from official documentary sources of the GATT. x��]�o�F��O��/.Y�Gs)�k/u��~P�1�~�d��,�%�H�3K2�cY�8��ov�<9[�_}�]�'Ϟ��.��?%��~r��䧇��O��i��?GO�4�EaE�%�4��I�EZ�d1?z��ߒ��'�Ϗ��|+�29�|��2O3�X��]}~��y��M.��ɥ��z}��ɯ�c=9�!��?��jr��_S59�b��y��o��{��T��ߓ��r�y��#b��H�j�F��fYy��ܲ��R��Z�o�z}6�'��͠�ME��mo�g��U�7/~��_'UmJ-�T��,˞�SV K�J�GS��t�*Hg�h��h�jzl' %́0x��ҍM\O^��n�I\OnAe��ٖ��楟o~ᕩ�̢�a��Ls� Unlike the trade restrictions for balance-of-payment reasons in GATT Article XVIII:B, the Article XVIII:C procedure allows both broader measures and violations of the national treatment obligations in order to promote This work uses a number of abbreviations, the definitions for which can be found in the tables at the end of this introductory chapter. 1. If the scope and meaning of Article 2.1 is similar to that of Articles in and I, a single technical regulation could be a prionafacie violation of Article III but be justified under Article xx GATT, while also in violation of Article 2.1 of the TBT Agreement without any possibility of justification-even if the same regulation were found not to be in violation of Article 2.2 of the TBT Agreement. This edition of the WTO Analytical Index has been updated to reﬂect developments in WTO law and practice up to 30 September 2011. Juan M. Mesa, “Legal and Documentary Research at WTO: The New Documents On-Line Database,” 4 Journal of International Economic Law 245 (2001). 2. GATT Analytical Index. It covers the jurisprudence of the WTO Appellate Body, panels and arbitrators as well as related decisions and other significant actions taken by other relevant WTO bodies. GATT 1947 without the modifications by the explanatory notes) is consistent with one of the two approaches taken by the Appellate Body and with the approach taken in the official WTO Analytical Index – Guide to WTO Law and Practice . ^;�e�Q��z��4�:Q6-$+.��Ow��_�y�d�uW��7��fz]^�H��uļ��p�D��_M޾��Uj��nO�z�l �|�Yݒ�F��{��$�ү�j�� WTO ANALYTICAL INDEX GATT 1994 – Article II (Practice) 3 contemplated by a concession provided for in the appropriate Schedule annexed to this Agreement, it shall bring the matter directly to the attention of the other contracting party. “Not later than the end of the third year from the entry into force of this Agreement and periodically thereafter, the Contracting parties to the GATT 1947, Members of the WTO and their governmental institutions may reproduce this work without application, but are requested to inform the WTO Secretariat of such reproduction. stream 4 0 obj I. The products of the … WTO ANALYTICAL INDEX GATT 1994 – Article II (Jurisprudence) 3 (c) fees or other charges commensurate with the cost of services rendered. Whether the products concerned are like products. In The Wealth of Nations, Adam Smith justified only one exception to free trade, which is national defence. Practice 2 Volume Set **, wto analytical index guide to wto law and practice 2 volume set world trade organization on amazoncom free shipping on qualifying offers wto analytical index guide to wto law and practice 2 volume set the wto analytical index is a guide to the legal interpretation and application 7, GPA 6 Agreement on Government Procurement of the Tokyo Round, Article IX (6)(b). The Analytical Index is an edited compendium of key materials from the entire work of the WTO as an organization, arranged by topic and set into context by introductory summaries or remarks. This site and its contents are the copyright of the World Trade Organization. Name of Article. GATT Analytical Index: Guide to GATT Law and Practice. %�� In the GATT Analytical Index, the original thinking behind Article XXI has been explained as taking care “of real security interests and, at the same time, so far as we could, to limit the exception so as to prevent the adoption of protection for maintaining industries … General Most-Favoured-Nation Treatment. More than 120 new dispute settlement reports, awards and decisions totalling well over 11 A list is available in WTO, Analytical Index (Geneva: WTO, 1995), at 858 ff. It contains extracts of key pronouncements and findings from tens of thousands of pages of WTO jurisprudence, including panel reports, Appellate Body reports, Article 21.3(c) awards and Article 22.6 decisions. From schedules of concessions to the most favored nation treatment to subsidies and applications of tariffs, this is filled with important legal reference material. © 2012 WTO-OMC. In order to ensure transparency of the legal rights and obligations deriving from paragraph 1(b) of Article II, the nature and level of any "other duties or charges" levied on bound tariff items, as referred to in that provision, shall be recorded in the Schedules of concessions annexed to GATT 1994 against the tariff item to which they apply. The preferences referred to in paragraph 2 of Article I shall not be affected by the II. The MFN Principle: “any advantage”. Its coverage includes panel and Appellate Body reports, arbitral decisions and awards, and decisions and other significant activities of WTO Committees, Councils, and other WTO bodies. ii International and Regional Trade Law: The Law of the World Trade Organization Unit VI: Non-Tariff Barriers (GATT Article XI) Table of Contents Supplementary Reading ... WTO, Analytical Index: Guide to GATT Law and Practice (Vol. The material is arranged in forty-three chapters covering: III GATT does not seem to apply to direct taxes’. 2 Articles XX(d) and XXXVII of the GATT also deal with State trading. GATT Analytical Index (pre … endobj Quoted in GATT, Analytical Index: Guide to GATT Law and Practice, 6 th Edition (1994), 554 (“GATT Law and Practice, 1994”). Introduction. 4. endobj Whether the government measure at issue confers a trade advantage of the kind covered by Article I:1 GATT. > Article 3 > Article 4 > Article 5 > Article 6 > Article 7 > Article 8 > Article 9 > Relationship with other WTO Agreements > Annex I > Analytical Index main page I. Preamble back to top A. GATT Article II does permit the use of tariffs as a means of protecting domestic industry, but this is because tariffs have high degrees of transparency and predictability since they are published and committed to in tariff schedules. Pp. J�!��>(UH��(��p#L*{�FX��d�uY5��0�x�c��JH��n�#ȭ�S�b�+70m��#S~d&��B�vh�,��. Analytical index Note "Prepared by Amelia Porges with contributions by Friedl Weiss and Petros C. Mavroidis"--Pref. Article. Historical Overview of GATT Article XXI ... 3 Quoted in GATT, ANALYTICAL INDEX: GUIDE TO GATT LAW AND PRACTICE, 6TH EDITION (1994), 554 ("GATT LAW AND PRACTICE, 1994").