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Contents
- Preliminary Material
- Main Text
- 1 From GATT to the WTO
- 2 Disciplining Trade Instruments in the GATT
- Preliminary Material
- 1 Quantitative Restrictions
- 1.1 The Legal Discipline and its Rationale
- 1.2 Coverage of the Legal Discipline
- 1.3 Exceptions
- 1.3.1 Critical Shortages
- 1.3.2 Standards for the Classification, Grading, or Marketing of Commodities
- 1.3.3 Necessary for the Enforcement of Governmental Measures
- 1.3.4 Balance of Payments (Arts. XII and XVIII GATT)
- 1.3.5 Exchange Restrictions
- 1.3.6 Infant Industry Protection (Art. XVIII(c) GATT)
- 1.3.7 General Exceptions (Art. XX GATT)
- 1.3.8 National Security (Art. XXI GATT)
- 1.3.9 Safeguards (Art. XIX GATT)
- 1.3.10 Avoiding Dumping
- 1.4 Legal QRs Must Respect Historic Quotas
- 1.5 Discriminatory QRs
- 1.6 Import Licensing
- 2 Tariffs
- 2.1 The Legal Discipline and its Rationale
- 2.2 Expressing Goods in Common Language: The Harmonized System
- 2.3 What is Bound?
- 2.4 Defining the Value for Customs Purposes
- 2.5 The Forum for Binding Duties: Multilateral Trade Negotiations (Rounds)
- 2.6 Certification, Modification, and Rectification of Schedules
- 2.7 Switching between Different Types of Duties
- 2.8 Withdrawing Concessions from Members Leaving the WTO
- 2.9 Renegotiating Tariff Protection
- 3 Fees and Charges for Services Rendered
- 3 Most Favoured Nation and Exceptions
- Preliminary Material
- 1 Most Favoured Nation
- 2 Special and Differential Treatment for Developing Countries
- 3 Preferential Trade Agreements (PTAs)
- 4 Domestic Instruments
- Preliminary Material
- 1 The Legal Discipline and its Rationale
- 2 The Coverage of the Legal Discipline
- 3 NT Revisited
- 4 TRIMs (Trade Related Investment Measures)
- 5 Exceptions
- 5 Deviating from WTO Obligations
- Preliminary Material
- 1 Introductory Remarks
- 2 General Exceptions
- 2.1 The Legal Discipline and its Rationale
- 2.2 The Coverage of the Legal Discipline
- 2.2.1 Elements Common to all Grounds
- 2.2.2 Public Morals
- 2.2.3 Human, Animal, Plant Life, and/or Health
- 2.2.4 Imports and Exports of Gold and Silver
- 2.2.5 Compliance with Laws not Inconsistent with the GATT
- 2.2.6 Prison Labour
- 2.2.7 National Treasures
- 2.2.8 Conservation of Exhaustible Natural Resources
- 2.2.9 Intergovernmental Commodity Agreements
- 2.2.10 Government Stabilization Plans
- 2.2.11 Products in General or Local Short Supply
- 2.2.12 Complying with the Chapeau
- 2.3 The Relationship between Art. III and Art. XX GATT Revisited
- 2.4 Art. XX GATT and Protocols of Accession
- 2.5 Art. XX GATT and Annex 1A Agreements
- 3 National Security
- 4 Waivers
- 5 Non-application
- 6 Agreements Dealing with Customs Procedures
- 7 Antidumping
- Preliminary Material
- 1 Contingent Protection
- 2 Antidumping
- 2.1 The Legal Discipline and its Rationale
- 2.2 The Coverage of the Legal Discipline
- 2.2.1 Negotiating History
- 2.2.2 Establishing Dumping
- 2.2.3 Establishing Dumping in a Sampling Scenario
- 2.2.4 Injury Analysis
- 2.2.5 Threat of Injury
- 2.2.6 Public Interest Clause
- 2.2.7 The Causality Requirement
- 2.2.8 Lesser Duty Rule
- 2.2.9 Provisional Duties (Provisional Measures)
- 2.2.10 Price Undertakings
- 2.2.11 Definitive Duties
- 2.2.12 Who are Duties Imposed Against?
- 2.2.13 Administrative Reviews of AD Duties
- 2.2.14 Sunset Reviews
- 2.2.15 Remedies against Illegally Imposed AD Duties
- 2.2.16 The Standard of Review
- 2.3 Procedural Requirements
- 2.4 Institutional Issues: The ADP Committee
- 8 Subsidies
- Preliminary Material
- 1 The Legal Discipline and its Rationale
- 2 Coverage of the Legal Discipline: Actionable Subsidies
- 3 Non-actionable Subsidies
- 4 Prohibited Subsidies
- 5 The Coverage of the Legal Discipline: Countervailing Duties (CVDs)
- 5.1 Subsidy
- 5.2 Injury
- 5.3 Causation
- 5.4 Provisional CVDs
- 5.5 Price Undertakings
- 5.6 Imposition and Collection of Definitive CVDs
- 5.7 Duration of CVDs
- 5.8 Administrative Reviews (Changed Circumstances Reviews)
- 5.9 Sunset Reviews
- 5.10 Standard of Review
- 5.11 Investigation
- 5.12 Due Process Obligations
- 5.13 Duty to Cooperate and Recourse to Facts Available
- 6 No Double Dipping: CVDs or Countermeasures
- 7 Institutional Issues
- 9 Safeguards
- Preliminary Material
- 1 Safeguards
- 1.1 The Legal Discipline and its Rationale
- 1.2 The Coverage of the Legal Discipline
- 1.2.1 A Typology of Safeguard Measures
- 1.2.2 Who Can Impose Safeguard Measures?
- 1.2.3 Unforeseen Developments
- 1.2.4 Increased Quantities of Imports
- 1.2.5 Injury to the Domestic Industry Producing the Like Product
- 1.2.6 Provisional Safeguards
- 1.2.7 Application of Definitive Safeguards
- 1.2.8 The Duration of Safeguards
- 1.2.9 Compensation
- 1.2.10 Special Safeguard Regime with Respect to China
- 1.2.11 Special and Differential Treatment for Developing Countries
- 1.2.12 Standard of Review
- 1.3 The Investigation Process
- 1.4 Institutional Issues
- 2 Contingent Protection Revisited
- 10 Technical Barriers to Trade
- Preliminary Material
- 1 GATT, TBT, and SPS
- 2 The TBT Agreement
- 3 The SPS
- 3.1 The Legal Discipline and its Rationale
- 3.2 The Coverage of the Legal Discipline
- 3.2.1 What is an SPS Measure?
- 3.2.2 The Measures Covered
- 3.2.3 International Standards
- 3.2.4 Non-discrimination
- 3.2.5 Scientific Evidence
- 3.2.6 The Necessity Requirement
- 3.2.7 Consistency
- 3.2.8 Measures Adopted on Precaution
- 3.2.9 Control Procedures
- 3.2.10 Special and Differential Treatment for Developing Countries
- 3.3 Expertise in SPS-related Dispute Adjudication
- 3.4 Standard of Review
- 3.5 Institutional Issues
- 11 Agreement on Agriculture; Agreement on Textiles and Clothing
- Preliminary Material
- 1 In the Shadow of the GATT
- 2 The Agreement on Agriculture
- 2.1 The Legal Discipline and its Rationale
- 2.2 The Coverage of the Legal Discipline
- 2.2.1 The Relationship between the AG and the SCM Agreements
- 2.2.2 Product Coverage and Schedules of Concessions
- 2.2.3 Border Measures: Tariffication
- 2.2.4 Domestic Subsidies: AMS
- 2.2.5 Export Subsidies
- 2.2.6 Peace Clause
- 2.2.7 Net Food-Importing Developing Countries
- 2.2.8 The Cotton Initiative
- 2.2.9 Transparency Requirements
- 2.3 Institutional Issues
- 2.4 State Trading
- 3 The Agreement on Textiles and Clothing
- 4 Beyond the Uruguay Round
- 12 Government Procurement
- 13 Transparency
- Preliminary Material
- 1 Transparency in the WTO
- 2 The General Transparency Obligation in the GATT (Art. X)
- 3 The Trade Policy Review Mechanism (TPRM)
- 4 WTO Secretariat Initiatives
- Conclusions
- Further Material
