Agreement on the Implementation of Article VII of GATT 1994 (Customs Valuation Agreement)

2018 ◽  
pp. 171-190
Author(s):  
Autar Krishen Koul
Keyword(s):  
Gatt 1994

Introductory Note

2018 ◽  
Author(s):  
Joanna Gomula
Keyword(s):  
Latin American ◽  
Tax Evasion ◽  
Green Energy ◽  
Illicit Trade ◽  
Appellate Body ◽  
Introductory Note ◽  
General Exceptions ◽  
Gatt 1994 ◽  
Combat Money Laundering ◽  
Wto Agreements

In 2016, panel and Appellate Body reports were adopted in seven disputes. The majority of the disputes concerned general obligations under two basic WTO agreements: the General Agreement on Tariffs and Trade of 1994 (GATT 1994) and the General Agreement on Trade in Services (GATS). Therefore, the 2016 reports provide valuable analytical resources on basic GATT and GATS concepts, and the respective general exceptions clauses. The other disputes concerned anti-dumping and countervailing duty measures. Two disputes involving Latin American states related to measures imposed in order to combat money laundering and tax evasion, and raised the question of whether GATT tariff obligations apply to “illicit trade”. Two other disputes related to the use of green energy, including the promotion of solar cells and modules, and anti-dumping duties on imports of biodiesel.

The Swordfish Dispute between the EU and Chile at the ITLOS and the WTO

2002 ◽  
Vol 71 (1) ◽  
pp. 55-81 ◽  
Author(s):  
Keyword(s):  
International Law ◽  
World Trade Organisation ◽  
Law Of The Sea ◽  
The European Union ◽  
Environmental Regimes ◽  
The World ◽  
Core Elements ◽  
Distant Water Fishing ◽  
Gatt 1994 ◽  
The Eu

AbstractDuring the 1990s and beyond, the European Union (EU) and Chile have been engaged in a controversy over highly migratory swordfish stocks in the South Pacific. Following disputes over Cod, Turbot, and Tuna, the Swordfish Case reveals outstanding problems in the international law of fisheries. The Swordfish Case attracts further attention, as it involves proceedings both at the International Tribunal for the Law of the Sea and at the World Trade Organisation, with potentially inconsistent decisions. At the WTO, the EU's assertion of a right to access Chilean ports on the grounds of GATT 1994 freedom of transit provisions bears an impact on the use of ports in countries around the world. At the ITLOS Chamber, the long-standing conflict between distant water fishing nations and coastal states is once again to the fore. Although the parties to the dispute arrived at a provisional agreement, setting out to establish a scientific fisheries program and a conservation framework, the issues involved in the swordfish controversy highlight the tensions among the international maritime, economic, and environmental regimes. The article offers an overall account of the core elements of the swordfish dispute.

Revisiting the Case of China-Measures Involving the Exportation of Various Raw Materials from the perspective of Effectiveness of the Necessity Defence

2013 ◽  
pp. 264-285
Author(s):  
Xiuli Han ◽  
Zhiyi Liu ◽  
Lingzi Liu
Keyword(s):  
Sustainable Development ◽  
Environmental Protection ◽  
Natural Resource ◽  
Raw Materials ◽  
Controversial Issues ◽  
Economic Management ◽  
Management Pattern ◽  
Export Restrictions ◽  
Chinese Scholars ◽  
Gatt 1994

The case of Various Raw Materials has been settled. However, some issues in this case are still popular topics among Chinese scholars. The most controversial issues are whether China is entitled to invoke Article XX of the GATT 1994 to defend its export restrictions and whether China demonstrated its measures consistent with Article XX (b) and (g) of the GATT 1994. This paper points out that the Article XX of GATT 1994 in its essence is extremely difficult to be invoked successfully. What makes it even more difficult is ‘stereotype’ to China’s ‘exceptional circumstances’. In view of ineffectiveness of the necessity defence, changing economic management pattern to achieve sustainable development is the fundamental way to solve the problem of Chinese environmental protection as related to exploitation of natural resource.

GATT 1994

2007 ◽  
pp. 89-186 ◽  
Author(s):  
Kevin Kennedy
Keyword(s):  
Gatt 1994

Invocation of National Security Exceptions under GATT Article XXI: Jurisdiction to Review and Standard of Review

2019 ◽  
Vol 18 (3) ◽  
pp. 695-712
Author(s):  
Chao Wang
Keyword(s):  
National Security ◽  
International Law ◽  
Dispute Settlement ◽  
Good Faith ◽  
The Self ◽  
Detailed Interpretation ◽  
Definition Of ◽  
In Transit ◽  
Gatt 1994

Abstract The invocation of national security exceptions under Article XXI of the General Agreement on Tariffs and Trade (GATT) 1994 has long been viewed as “self-judging”. In the landmark case of Russia—Measures Concerning Traffic in Transit, the panel of the WTO’s dispute settlement body (DSB) addressed two important but previously considered ambiguous issues. First, the Panel confirmed its jurisdiction to review its members’ invocation of Article XXI of GATT 1994. Second, offering a detailed interpretation of Article XXI, especially paragraph (b) and its subparagraph (iii), the panel distinguished the objective requirements from the self-judging features, and held that it has the jurisdiction to determine whether the objective requirements of Article XXI have been satisfied when a member invokes the national security exception, and the member’s discretion is also expected to be limited by its good faith obligation, which, as an established principle of international law, shall apply to both the member’s definition of the essential security interests and its connection to the measures being taken.

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