The Impact of Art I GATT Sample Clauses

The Impact of Art I GATT. Art I (1) GATT states, that » …any advantage, favour, privilege or immunity granted by any contracting party to any product originating in or destined for any other country shall be accorded immediately and unconditionally to the like product originating in or destined for the territories of all other contract- ing parties«. Wordings like »products« and »like products« in the Most – Favoured - Nation (MFN) Clause have not been defined separately in Denmark. How- ever, from a Danish point of view, not only Appellate Body interpretations but also panel reports and other sources of law interpreting the national treatment obligation can be used for a definition of the two wordings in con- creto. In reference to the Appellate Body Report (ABR) on Canada-Autos, para- graph 84, it should be noticed that the object and purpose of Art. I (1) is »…to prohibit discrimination among like products originating in or destined for different countries. The prohibition of discrimination in Article I (1) also serves as an incentive for concessions, negotiated reciprocally, to be extended to all other Members on an MFN basis«. Combined with the statement in the panel report on case EC-Bananas III, paragraph 7.322 regarding GATS Art 3 cf. Xxxxxx Xxxxxx in EC Tax Review 1995, p 66; Xxxxx Xxxxxx in Xxxxxxxx Xxxxxxx (ed.), Tax Treaties and EC Law (1997), p 87; Xxxxxxx xxx Xxxxx, Free Movement of Persons and Income Tax Law (2002), p 336. XVII, it can be concluded that the prohibition of discrimination includes both a de jure and a de facto discrimination on »..any advantage … granted by any party to any product«, cf. Art I (1). This view is supported by the Appellate Body who dealt with the term »like products« in Canada-Autos, paragraph 79, concluding that »…the words of Article I:1 refer not to some advantages granted ‘with respect to’ the subjects that fall within the defined scope of the Article, but to ‘any advan- tage’; not to some products, but to ‘any product’; and not to like products from some other Members, but to like products originating in or destined for ‘all other’ Members« .
Sample 1
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