GATT. The Panel Report of March 31, 1998 dismissed the complaint mainly on the ground that it had not been established that market access had been impeded by government action.73 The case thus is evidence of the difficulties of transposing on the GATT-WTO-level a dispute which essentially is one of litigation between private parties or between private parties and States on whether and how competition rules should be applied to private conduct that amounts to restrictions of access to national markets.74
GATT. See General Agreement on Tariffs and Trade (GATT) Gene Fund, 412–13 General Agreement on Tariffs and Trade (GATT), 2, 35–9 Uruguay Round of, 26–7, 38–9. See also Agreement on Trade-Related Aspects of Intellectual Property Rights General Comment No. 1 (UNCROC Article 29(1)), 332 General Comment No. 3 (HIV/AIDS and the Rights of the Child), 110–11, 113, 115 General Comment No. 12 (Right to Adequate Food), 364, 372–3, 376, 420 General Comment No. 13 (Right to Education), 321–2, 332 General Comment No. 14 (Right to the Highest Attainable Standard of Health), 58–9, 106–19, 144 General Comment No. 17 (Rights of Authors), 55, 73, 80, 172, 183, 187–200, 204–5, 235, 347–8, 402–4, 453–4, 500, 514 General Comment No. 21 (Right of Everyone to Take Part in Cultural Life), 240–2 Geneva Declaration on the Future of the World Intellectual Property Organization, 44–6 genetically modified organisms. See GMOs. geographical indications (GIs), 18 Global Alliance for TB Drug Development (TB Alliance), 168 “global drug gap,” 140–71 Global Fund to Fight HIV/AIDS, Tuberculosis and Malaria, 97, 148 GMOs, 236 Group of 7 (G7), 31 Group of 8 (G8), 96–7, 460–1 Group of 77 (G77), 27–8 Guidelines for the Protection of the Heritage of Indigenous Peoples, 50, 450–2 Habitat International Coalition, 401 health, right to, 2, 9, 54, 56, 58–9, 66, 83, 99–102, 105–12, 114, 190, 439 High Commissioner for Human Rights (OHCHR), 15, 54, 73–6, 84 High Level Conference on World Food Security, 403–4 HIV/AIDS, 41, 53–4, 56, 91–8 housing, right to, 54, 107, 439 human rights, passim. See also International Covenants on Human Rights; specific rights; United Nations Charter; United Nations Treaty System; Universal Declaration on Human Rights 546 Index Human Rights Commission, 59, 114–15, 365 Human Rights Committee, 10, 15, 449 Human Rights Council, 1, 5, 15, 60, 365 Human Rights Guidelines for Pharmaceutical Companies in Relation to Access to Medicines, 55, 60–1, 117 hunger, freedom from. See food, right to IAASTD. See International Assessment of Agricultural Knowledge, Science and Technology for Development ICCPR. See International Covenant on Civil and Political Rights ICESCR. See International Covenant on Economic, Social and Cultural Rights IFPRI. See International Food Policy Research Institute IGC. See Intergovernmental Committee on Intellectual Property and Genetic Resources, Traditional Knowledge and Folklore ILO Convention No. 169. See International Labor Organization (ILO) Convention Concerning In...
GATT. Note that a Member has broad discretion in deciding to bring a case against another Member under the DSU, as is made clear by the Appellate Body in EC – Regime for the Importation, Sale and Distribution of Bananas [hereinafter EC – bananas] WTO document WT/DS27/AB/R, para. 135, basing its argumentation on the language in Article XXIII GATT 1994 (“If any Contracting Party should consider that any benefit [...] is being nullified or impaired [... ]”) and Article 3.7
GATT. After a detailed ex- amination of the issues raised by both parties, the panel came to the conclusion that Section 337 of the U.S. Tariff Act of 1930 was in fact inconsistent with Article III:4 GATT (national treatment) and that this inconsistency could not be justified under Article XX (d)
GATT. As to the different sorts of complaints under Article XXIII GATT, over 90 percent of the actual disputes during the era of the GATT 1947 were violation complaints over nullification and impairment, whereas the number of non-violation com- plaints over nullification and impairment as well as of situation complaints was negligible.84
GATT. In other words, non-violation typically comes into play when the negotiated balance of tariff concessions between Members is upset by one Member’s domestic measures, as confirmed by the Appellate Body in India – Patent Protection, paragraphs 36–42. For a detailed survey of GATT case law on non-violation complaints, see Xxxxxxxxxx, pp. 150 ff. 116 According to Xxxxxxx/Xxxxxxxxxxxxx Xxxxxxx, p. 151, the introduction to international trade relations of non-violation complaints as an expression of equity (protection of legitimate expec- tations) was necessitated by two factors: First, trade agreements of the 1920s were exclusively concerned with tariff reductions and quantitative restrictions and did not address domestic mea- sures such as taxes, subsidies and technical regulations, which could thus easily be employed to undermine binding tariff concessions. Second, legal positivism prevailing before World War II rendered impossible any attempts to integrate equity into international trade law: states could do anything which was not expressly ruled out in the text of an agreement, even if such action frustrated other parties’ legitimate expectations as to the competitive situation of their products in foreign markets. Since the frustration of legitimate expectations could thus not be addressed as a violation of international law, a specific remedy for state action that did not violate the law had to be introduced. 117 This qualification has been emphasized by a number of GATT panels, see Xxxxxxx/ Nadakavukaren Xxxxxxx, p. 162, quoting the Australian Ammonium Sulphate case. 118 Xxxxxxx/Nadakavukaren Xxxxxxx, p. 163. The same authors note on p. 160 that non-violation complaints are a means of protecting a balanced competitive relationship, but never a Member’s expectation of a concrete amount of trade flows. 119 Idem (p. 162), quoting, inter alia, the panel in Japan – Trade in Semi-Conductors, BISD 35S/116 (1989).
GATT. See General Agreement on Tariffs and Trade 1994 General Agreement on Tariffs and Trade 1994, 11–26, passim XXXX Article V, 57 GATT, Article VIII, 57, 58 GATT Article X, 57 GATT Article XXIV, 89, 138, 139, 160, 184–187 Higher or more restrictive, 185 Notification, 186 Reasonable length of time, 185, 188 Substantially all trade, 187, 188, 248 GATT Enabling Clause, 67, 160 General Agreement on Trade in Services (GATS), 32, 89, 95, 120, 121–124, 128–132 INDEX 371 Council on Trade in Services, 136 Economic Integration Agreement (EIA), 135–140 GATS Article V, 89, 122, 135, 137–138, 139, 144, 152, 160, 197 GATS Article XIX, 135 Modes 1–4, 139, 145–146 Monopolies, 149 Professional services, 145, 146 See also International Services Agreement/International Trade in Services Agreement (ISA/ITSA) General Motors Corporation, 44, 211, 292 Generalized System of Preferences (GSP), 15, 51, 52, 55, 64, 64–69, 241, 242, 255, 316, 348 Beneficiary developing country (BDC), 65, 67 Competitive need limitations, 66 Graduation, 66, 316 Xxxxxxx, Xxxx, 315, 316 Global Supply Chains. See Supply Chain Management/support Xxxxxxxx, Xxxx Xxxxxx, 331 Government Procurement, Agreement on (GPA), 7–8, 88, 89–96, 131, 148, 149, 348, 349 Committee on Government Procurement (CGP), 155 Government Procurement Code (Tokyo Round), 89–90 Great Depression, 11 Great Recession, 313 “Green” Technology Goods, 78–86, 231, 349 Group of 20 (G-20), 34, 41, 70, 313 Xxxxxxxxx, Xxxxxx, 1 Xxxxxx, Xxxxxxxxx, 194 Havana Charter/Conference, 12, 106, 111 Health Care Products and Services Agreement, 104 Xxxxxx, Xxxxxxx, 56 Xxxxxxx, Xxxxxxx, 188 Xxxxxxxx, French President Xxxxxxxx, 205, 208 Honda (American) Motor Co., Inc., 193, 340 Hong Kong, 323–324 Xxxxxx Administration, 11 Xxxxxxx, Xxxx, 272 Xxxxx, Xxxxx, 273 Xxxxx, Xxxxxx, 13, 15, 16 Xxxxxxxx, Xxxx Xxxxx, 133, 147, 151, 155 Humala, Peruvian President Xxxxxxxx, 256, 333 Hyundai Group, 318 Individual Limited Liability Company (Chile), 342–343 Information Technology Agreement (ITA) [WTO], 2, 7, 9, 50, 86, 96–103, 348, 349 International Bank for Reconstruction and Development (IBRD). See World Bank (International Bank for Reconstruction and Development) International Centre for the Settlement of Investment Disputes (ICSID), 106 ICSID Additional Facility, 106 International Labor Organization (ILO), 288 International Monetary Fund (IMF), 12, 59, 205, 207, 263, 336 International Services Agreement/ International Trade in Services Agreement (ISA/ITSA), 2, 7, 9, 28, 140–1...
GATT. General Agreement on Tariffs and Trade (GATT) was a multilateral agreement in 1947 regulating international trade. • - purpose - "substantial reduction of tariffs and other trade barriers and the elimination of preferences, on a reciprocal and mutually advantageous basis." • replaced by World Trade Organization (WTO) in 1995. • The original GATT texts (GATT 1947 and 1994) is still in effect under the WTO framework. DSM • Digital Single Market • EU proposal to allow Europeans to travel with their online content and an action plan to modernise EU copyright rules xxxx://xxxxxx.xx/rapid/press-release_IP-15- 6261_en.htm • FTA - free trade agreement • TTIP - The Transatlantic Trade and Investment Partnership (TTIP) - proposed trade agreement between the European Union and the United States - seen as a companion agreement to the Trans- Pacific Partnership (TPP). ACTA -Anti Counterfeiting Trade Agreement • includes anti piracy measures • in effect 2011 • NZ, USA, Australia, Canada, EU, Japan, Korea, Morocco, Mexico, Singapore and Switzerland • EU signed, but did not ratify • lot of concern over requirement to “prevent and combat intellectual property rights infringements” Our contribution to IMSLP Flavius
GATT. GATT Article listing allowed "exceptions" to the trade rules. AS – Anti-Subsidy duties are imposed to subsidised goods when three conditions are met:
GATT. The General Agreement on Tariffs and Trade (GATT, 1947) is an economic treaty - now superseded by the WTO -, which organised the negotiations to liberalise world trade and oversaw the multilateral trading system. GATT 1947 refers to the old version of the GATT; whereas GATT 1994 the new version of the General Agreement, incorporated into the WTO, which governs trade in goods. GC – WTO General Council GCC – The Gulf Co-operation Council is a political, economic, social, and regional organisation established in 1981 and composed of the Arab States of the Gulf. This regional co-operation system was created to meet the challenges imposed by surrounding circumstances. The geographical proximity of the GCC states and the similarity of their regulations and economic and social conditions were additional factors that helped in the establishment of the GCC. Summits are held on a yearly basis.
