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National Treatment in the GATS
This paper is concerned with three problems in the interpretation of the national treatment obligation in the General Agreement on Trade in Services (GATS). First the precise domain of Article XVII on national treatment has not been clearly delineated particularly in relation to Article XVI dealing with market access. Secondly there is a difference between the text of Article XVII and the structure of the schedules of commitments which makes it difficult to interpret the scope of the national treatment obligation even for identical services supplied through different modes. The final and most complex problem arises in establishing the definition of "like" services and "like" service suppliers. Uncertainty about the precise meaning of the national treatment obligation may undermine the key GATS objective of creating a secure predictable trading environment. Moreover the extent of liberalization implied by the commitments under GATS depends on the precise choice of interpretation.
United States - Measure Affecting Imports of Woven Wool Shirts and Blouses from India
The report of the Panel on United States - Measure Affecting Imports ofWovenWool Shirts and Blouses from India is being circulated to allMembers pursuant to the DSU. The report is being circulated as an unrestricted document from 6 January 1997 pursuant to the Procedures for the Circulation and Derestriction of WTO Documents (WT/L/160/Rev.1). Members are reminded that in accordance with the DSU only parties to the dispute may appeal a panel report an appeal shall be limited to issues of law covered in the panel report and legal interpretations developed by the panel and that there shall be no ex parte communications with the panel or Appellate Body concerning matters under consideration by the panel or Appellate Body.
The New Liberalism
In the last ten years there has been a sea change in trade and related policies in emerging markets. This results from autonomous reforms undertaken in conjunction with macroeconomic stabilization programmes. Many non-tariff measures have been eliminated and tariffs now the principal trade instrument have been rationalized and reduced. Considerable increases in security of market access result from increased membership of the GATT/WTO system which itself underwent important changes as a result of the Uruguay Round further developed in the first Ministerial Meeting of the WTO in Singapore in December 1996. The systemic changes and the expansion of WTO membership to the transition and other economies mark a dramatic change in international economic relations.
Dealing with Monopolies and State Enterprises
The objective of this paper is to assess the adequacy of multilateral rules dealing with monopolies and state enterprises particularly in the domain of services. This paper argues that since these rules depend largely on the other obligations undertaken by Members a variety of exemptions and exclusions have weakened the rules considerably. Furthermore liberalization of services trade aided by negotiations under the GATS is leading to changes in market structure and the pattern of ownership. These changes imply that government-mandated monopolies or non-competing oligopolies are disappearing from the infrastructural services for which Article VIII of GATS is most relevant. The behaviour of dominant suppliers that often remain does not fall within the scope of Article VIII and has been addressed by creating other disciplines. The paper assesses how much emphasis needs to be placed on pro-competitive regulation to ensure competitive market conditions and argues that there is a need to strengthen Article VIII and widen its scope to deal with certain generic problems.
United States - Restrictions on Imports of Cotton and Man-Made Fibre Underwear
On 22 December 1995 Costa Rica requested consultations with the United States concerning US restrictions on textile imports from Costa Rica. Costa Rica alleged that these restrictions were in violation of the ATC agreement.
Brazil - Measures Affecting Desiccated Coconut
On 27 November 1995 the Philippines requested consultations with Brazil in respect of a countervailing duty imposed by Brazil on the Philippine’s exports of desiccated coconut. The Philippines claimed that this duty was inconsistent with WTO and GATT rules.
Japan - Taxes on Alcoholic Beverages
The EC requested consultations on 21 June 1995 and Canada and the US on 7 July 1995. The complainants claimed that spirits exported to Japan were discriminated against under the Japanese liquor tax system which in their view levies a substantially lower tax on “shochu” than on whisky cognac and white spirits.
European Communities - Trade Description of Scallops (Request by Canada)
The complaint concerned a French Government Order laying down the official name and trade description of scallops. Complainants claimed that this Order will reduce competitiveness on the French market as their product will no longer be able to be sold as “Coquille Saint-Jacques” although there is no difference between their scallops and French scallops in terms of colour size texture appearance and use i.e. it is claimed they are “like products”. Violations of GATT Articles I and III and TBT Article 2 were alleged.
European Communities - Trade Description of Scallops (Request by Peru and Chile)
The complaint concerned a French Government Order laying down the official name and trade description of scallops. Complainants claimed that this Order will reduce competitiveness on the French market as their product will no longer be able to be sold as “Coquille Saint-Jacques” although there is no difference between their scallops and French scallops in terms of colour size texture appearance and use i.e. it is claimed they are “like products”. Violations of GATT Articles I and III and TBT Article 2 were alleged.
Japan - Taxes on Alcoholic Beverages
The EC requested consultations on 21 June 1995 and Canada and the US on 7 July 1995. The complainants claimed that spirits exported to Japan were discriminated against under the Japanese liquor tax system which in their view levies a substantially lower tax on “shochu” than on whisky cognac and white spirits.
United States - Standards for Reformulated and Conventional Gasoline
The US appealed on 21 February 1996. On 22 April the Appellate Body issued its report modifying the panel report on the interpretation of GATT Article XX(g) but concluding that Article XX(g) was not applicable in this case. The Appellate Report together with the panel report as modified by the Appellate Report was adopted by the DSB on 20 May 1996.
United States - Standards for Reformulated and Conventional Gasoline
The US appealed on 21 February 1996. On 22 April the Appellate Body issued its report modifying the panel report on the interpretation of GATT Article XX(g) but concluding that Article XX(g) was not applicable in this case. The Appellate Report together with the panel report as modified by the Appellate Report was adopted by the DSB on 20 May 1996.
WTO Working Papers
WTO working papers usually represent research in progress. Such research may be conducted in the preparation of WTO Secretariat reports studies or other material for WTO members. The papers are circulated for comment because the WTO considers critical review of professional research to be extremely important.
Status of WTO Legal Instruments
"Status of WTO Legal Instruments" covers the legal instruments drawn up by WTO members in relation to the Marrakesh Agreement Establishing the World Trade Organization and the plurilateral trade agreements annexed to that Agreement.
Annual Report
The "Annual Report" summarises the WTO's activities and provides detailed information on the organization's structure staff and budget.
20th Anniversary Brochures
The WTO has produced a series of brochures to mark its 20th anniversary. Each brochure looks into a specific area of WTO activity highlighting the achievements over the past 20 years.
WTO Dispute Settlement: One-Page Case Summaries
"One-Page Case Summaries" provides a succinct summary of all disputes brought to the WTO. It covers the findings of the dispute panel report for each case and the subsequent Appellate Body report in cases where WTO members appealed the original ruling.
WTO Appellate Body Repertory
"The Repertory" covers all rulings of the Appellate Body a seven-member body that hears appeals from WTO members regarding dispute panel findings.
WTO Agreements Series
The WTO's Agreements are the legal foundation for the international trading system that is used by the bulk of the world's trading nations. This series offers a set of handy reference booklets on selected Agreements.
Arbitration Reports
Arbitration reports determine the reasonable period of time for a WTO member to comply with the recommendations and rulings of the Dispute Settlement Body and the level of retaliation that a WTO member may undertake in situations where a WTO member has not complied within the prescribed time.
WTO Analytical Index
The "WTO Analytical Index" is a comprehensive guide to the interpretation and application of the WTO agreements by the Appellate Body dispute settlement panels and other WTO bodies. It contains extracts of key pronouncements and findings from tens of thousands of pages of WTO jurisprudence including panel reports Appellate Body reports arbitral decisions and awards and decisions of WTO committees councils and other WTO bodies.
Panel Reports
The WTO's dispute settlement system follows a detailed timetable for examining cases brought to the WTO. The first stage is examination of the case by a group of three panellists who are specially selected for the case. Their findings are published in a report which may be appealed by the members concerned.
Appellate Body Reports
Appeals to panel reports are considered by the WTO’s Appellate Body which consists of seven members elected for a four-year term. The Appellate Body can uphold modify or reverse the legal findings and conclusions of a panel and Appellate Body reports once adopted by the Dispute Settlement Body (DSB) must be accepted by the parties to the dispute.