• Home
  • Subjects
  • Miscellaneous
  • To what extent can and should the regulatory purpose underlying a challenged national measure be considered when analysing whether GATT Article III has been bre

To what extent can and should the regulatory purpose underlying a challenged national measure be considered when analysing whether GATT Article III has been bre - Essay Example

Only on StudentShare

Extract of sample
To what extent can and should the regulatory purpose underlying a challenged national measure be considered when analysing whether GATT Article III has been bre

The most recent, the Uruguay Round, addressed issues such as tariffs, services, and the trade related aspects of intellectual property and investment measures. The Final Act Embodying the Results of the Uruguay Round of Multilateral Trade Negotiations was signed in April 1994. The Uruguay Round agreement was approved and implemented by the U.S. Congress in December 1994, and went into effect on January 1, 1995. The implementing legislation, known as the Uruguay Round Agreements Act, was passed in December, 1994.
In any federal regime dedicated to maintaining open markets - whether it is the GATT/WTO regime to liberalize trade between WTO member states, or the European Community (EC) regime to create free trade between EC member states, or the United States regime to maintain an open market among its fifty U.S. states - experience teaches that domestic regulations enacted by member states sometimes have a negative impact on trade. In some cases the negative trade effects are unintended, but on other occasions it has been clear that member states are using domestic regulations to give local producers a competitive advantage. The WTO inherited a basic structure of policing rules from the 1947 GATT agreement. The core GATT provisions for this purpose are the two-step set of rules in Articles III and XX. ...
Download paper


The General Agreement on Tariffs and Trade (GATT) was first signed in 1947. The agreement was designed to provide an international forum that encouraged free trade between member states by regulating and reducing tariffs on traded goods and by providing a common mechanism for resolving trade disputes1…
Author : hwintheiser

Related Essays

HSBC showcases a huge number of branches all over the world which is hard to replicate by any other financial institution.
3 pages (753 words) Essay
Purpose of Article 234
(3) Where any such question is raised in a case pending before a court or tribunal of a Member State, against whose decisions there is no judicial remedy under national law, that court or tribunal shall bring the matter before the Court of Justice.
7 pages (1757 words) Essay
Non-discrimination is a Cornerstone of GATT Law
The most important trade principle was non-discrimination with regard to the treatment of trade in goods among countries. Article 1 of the GATT, states that any advantage given by a contracting party to a product of another country, must be extended unconditionally to a like product of all other contracting parties. The above article is the most favoured nation principle. A second rule of non-discrimination is national treatment, the principle that imported and domestic goods should be treated equally. Although non-discrimination is a cornerstone of the GATT, some exceptions are allowed. For...
14 pages (3514 words) Essay
Police should be trained to properly respond to those individuals who are considered mentally disturbed or mentally challenged.
A number of factors have led to the increasing interaction between police and persons with mental illness. One is that sufficient funding which is needed to grow proportionally to the increased need of these individuals is not being withheld by community support systems. Furthermore, existing crisis response services are limited in scope and are often not well-integrated. Reductions in hospital beds and services result in hospital admission only for those in acute situation, and even then, only for very short periods of time. Moreover in some situations, several police respond to a person in...
8 pages (2008 words) Essay
Resoltion of disputes in the context of internation trade . GATT v WTO dispute Settlement System
tion in international trade disputes sans a centralized governance system.2 Even so academic scholars, non-government organizations, environmentalists and trade diplomats have registered a measure of unease with the jurisdictional reach of the WTO tribunals and questions whether or not these tribunals should have the authority to determine important issues such as those connected to the value of trade and the environment generally.3
20 pages (5020 words) Essay
Bilateral Trade Agreements under Article XXIV GATT/WTO and the Developing Countries
In this regard, RTAs characterized as customs union and free-trade zones have been permitted as they are perceived as consistent with GATT’s free trade principles since they function to remove virtually all trade barriers between member states that are parties to RTAs of this type.1
25 pages (6275 words) Essay
Got a tricky question? Receive an answer from students like you! Try us!