This paper is basically concerned with two major questions, which will be pointed out in the following. Therefore the researach is divided into two parts. Very specific questions are written down and the answers are given to the questions in the following. Therefore there is no table of contents necessary due to the fact that the paper is very much based on law. The research is based on empiric analysis of the topic.
Question 1
The General Agreement on Tariffs and Trade of 1994 (GATT 1994), which entered into force on 1 January 1995, replaced the General Agreement on Tariffs and Trade of 1947 (GATT 1947). Supporting your answer with relevant provisions of WTO agreements, as well as WTO jurisprudence (dispute settlement reports), discuss the following issues:
(a) The relationship between GATT 1994 and GATT 1947;
(b) The place of GATT 1994 in the WTO Agreement;
(c) The structure of GATT 1994;
(d) The relationship between provisions of GATT 1994 and provisions of other agreements found in Annex 1A (support your answer with examples of specific provisions);
(e) The significance of certain GATT provisions, which have not been developed in other agreements found in Annex 1A.
Question 2
The European Hormones Case. Analyze the case:
(a) The parties to the dispute and the facts of the case.
(b) The issues in question.
(c) The WTO agreements and provisions involved.
(d) A discussion of the reasoning applied by the Appellate Body. Discuss whether the Appellate Body upheld the panel’s findings and interpretations and if not, why did it modify or reverse them? Do you agree with the Appellate Body’s approach?
Inhaltsverzeichnis (Table of Contents)
- Question 1
- a) The relationship between GATT 1994 and GATT 1947
- b) The place of GATT 1994 in the WTO Agreement
- c) The structure of GATT 1994
- d) The relationship between provisions of GATT 1994 and provisions of other agreements found in Annex 1A
- e) The significance of certain GATT provisions, which have not been developed in other agreements found in Annex 1A
Zielsetzung und Themenschwerpunkte (Objectives and Key Themes)
This paper focuses on two primary questions related to the General Agreement on Tariffs and Trade (GATT) 1994 and its role within the World Trade Organization (WTO) framework. The research examines the legal relationship between GATT 1994 and its predecessor, GATT 1947, as well as the structure and application of GATT 1994 provisions in relation to other WTO agreements.
- The relationship between GATT 1994 and GATT 1947
- The placement of GATT 1994 within the WTO Agreement
- The structural elements of GATT 1994
- The interaction between GATT 1994 and other agreements within Annex 1A of the WTO Agreement
- The significance of specific GATT provisions not developed in other Annex 1A agreements
Zusammenfassung der Kapitel (Chapter Summaries)
The analysis begins by examining the historical connection between GATT 1947 and GATT 1994, highlighting how provisions from the earlier agreement were incorporated into the latter. It then clarifies the position of GATT 1994 within the WTO Agreement, specifying its location in Annex 1A and outlining the structure of the WTO legal framework. The paper further explores the structure of GATT 1994, detailing its key components as outlined in the Appellate Body Report of the 'Korea Definitive Safeguard Measure on Imports of Certain Dairy Products' case. Finally, the paper investigates the relationship between GATT 1994 provisions and those of other agreements found in Annex 1A, using examples of specific provisions from the Agreement on Safeguards and the SCM Agreement to illustrate the complex interactions between these legal instruments.
Schlüsselwörter (Keywords)
This paper focuses on key aspects of international economic law and institutions, particularly the General Agreement on Tariffs and Trade (GATT) 1994, the World Trade Organization (WTO), the WTO Agreement, Annex 1A, the Agreement on Safeguards, the SCM Agreement, trade in goods, WTO jurisprudence, dispute settlement reports, and the incorporation of provisions from GATT 1947 into GATT 1994.
- Quote paper
- Harald Löberbauer (Author), 2004, Questions on International Economic Law and Institutions, Munich, GRIN Verlag, https://www.grin.com/document/58631
