The 'classic' body of rules of GATT, which form the basis of the WTO, is based on a project of progressive liberalization. Successive rounds served the goal of gradually reducing trade barriers, more generally to facilitate access to domestic markets. Once the bulk of this objective is achieved and as a result of emerging issues, the institution has begun to address more thoroughly the contents of internal regulation, determination of standards.
This regulation was made more institutionalized by signing of various agreements and establishment of specialized committees. The clause of the Most Favored Nation is a direct consequence of the principle of non-discrimination. Thus in Article I of GATT and that from its 1947 version it is provided that 'all advantage, favor, privilege or immunity granted to a contracting party for any product originating in or destined for other countries are immediately and unconditionally extended to the like product originating in or destined for any other contracting countries'.
This document will start by seeing what the basic principles that govern and control the action of the WTO with regard to international trade. These principles were all contained in the GATT in 1947, and one will see here the top three, which are the source of the WTO as it is known today.
This clause presents great interest, and this, particularly with regard to multilateral treaties. First, it ensures the disappearance of many causes of market distortions, and thus leads to self-regulate by promoting free competition. Then, as part of a multilateral agreement, it is particularly effective as a concession to one state, is made to all others. This avoids having to negotiate a multitude of bilateral agreements. This clause has played a major role in establishing the system.
Tags: World Trade Organization (WTO); GATT basis of WTO; principles that govern WTO; international trade;
[...] General Agreement on Trade in Services (GATS) The GATT accords were tailored for trade in goods. With the increasing share of services in international trade, they extended the basic principles seen in the first part: CNPF, national treatment. These agreements are the first multilateral treaty in services Agreement on Trade Related Intellectual Property Rights (TRIPS) The articles of the agreement are also subject to the GATT articles, plus the texts of various agreements on industrial property, literary and artistic property, integrated circuits, etc. [...]
[...] Thus, all the products, domestic or foreign, must undergo the same tax treatment Ambiguity of the concept of "like product" It is interesting to note in passing that much of the litigation relating to national treatment is with respect to the notion of "like product". Indeed, since the discrimination between two different products is possible, the producer will defend itself by explaining that its product is different, and therefore the difference in treatment is not discriminatory. Then the judge works in this area on an individual basis. iii. [...]
[...] Towards increasingly institutionalized (the Marrakesh Accords, 1994) i.Regulatory role of the DSB First, the role of regulator of the WTO is met by the existence of a court, the Dispute Settlement Body, which is involved in the treaty. The procedure begins with a request for conciliation, which is the norm in most cases. But if it fails, it may request the appointment of a panel that will determine whether or not there is compliance with the treaty. It will make its findings to the DSB to make recommendations. In the absence of settlement, it will put down its findings and propose a solution. [...]
[...] But it does not necessarily interfere with legitimate efforts at various levels, to improve the situation in the areas of social rights, political rights, and respect for the environment. One could even imagine that, as suggested by some scholars such as Mitsuo Matsushita (see book in the bibliography), the functioning of the WTO can inspire the architecture of international agencies entrusted with the regulation in these other areas. Similarly, we often find proposals to extend the work of the WTO regulation beyond the economic sphere. This is explained by the fact that the current regulatory work of the WTO has strong links with development problems. [...]
[...] The intervention of the World Trade Organization in the regulation of international trade How does the WTO affect the regulation of international trade? We will try here to suggest ways to consider the impact of WTO rules on international trade, and tools used to implement them. But we'll start with a prior statement of the basic principles that govern the institution. Indeed, for this presentation we will consider the aspect of "regulation" as the corollary of the objectives of liberalization in the WTO. [...]
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