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Published byPhilippa Price Modified over 9 years ago
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Establishment of international trade rules reasons: 1)elimination of trade-restrictive measures in national legal orders; 2) need for security and predictability of trade rules; 3) challenges presented by economic globalisation (environmental issues, consumer safety, labour standards, cultural identity); 4) achievement of a greater measure of equity in international economic relations.
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ITO Charter Havana Conference 1948 Complementarity with IMF and WB No entry into force: USA didn’t support the project anymore Congress controlled by Republicans).
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GATT 1947 The GATT 1947 contains substantive trade rules (most-favoured nation clause, national treatment, barrier to market access, subsidies and countervailing duties, antidumping etc.). No entry into force provisional application as from 1st January 1948 adoption of a specific Protocol.
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Birth defects of GATT 1947 (Jackson) The lack of a charter: no legal personality, no procedural and institutional structure; Provisional character of its application; Grandfather rights; Ambiguity and confusion about GATT’s authority.
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Birth defects of GATT 1947 (II) Very scant institutional structure (art. XXV GATT 1947): - meetings of Contracting Parties (one State, one vote; majority rule actual use of consensus method); - decisions of GATT Contracting Parties and Panels reports.
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The evolution from GATT to WTO Lengthy Negotiating Rounds: failure of Tokyo Round: adoption of Plurilateral agreements, binding only on States which accepted them. Uruguay Round (1989-1994): success in creating a new multilateral organization
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Marrakesh Final Act (1994) -institution of the World Trade Organization and signature of the WTO Agreement -creation of a Multilateral Trade Organization and modification of FOGS (functioning of GATT system) -the single undertaking: Members of the Organization should be bound by all the agreements in the GATT system
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Package of agreements annexed to the WTO Agreement Annex 1A: Multilateral Agreements on Trade in Goods GATT 1994 (incorporating GATT 1947 and legal instruments adopted by GATT Contracting Parties with reference to it) + agreements on specific matters; Annex 1B: General Agreement on Trade in Services; Annex 1C: Agreement on Trade-Related Aspects of Intellectual Property Rights; Annex 2: Disputes Settlement Understanding; Annex 3: Trade Policy Review Mechanism; Annex 4: Plurilateral Trade Agreements.
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