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The General Agreement on Tariffs and Trade: A Commentary


ISBN13: 9780199278138
ISBN: 019927813X
Published: September 2005
Publisher: Oxford University Press
Country of Publication: UK
Format: Hardback
Price: Out of print
Paperback edition publication abandoned, ISBN13 9780199225767



This commentary provides a clear explanation and analysis of the legal provisions of the General Agreement on Tariffs and Trade (GATT). Even since the formation of the WTO, the GATT remains a central document in international trade law, and many of its provisions are referred to in the various WTO agreements.

Mavroidis examines relevant case law, both to elaborate and to reduce (and sometimes remove) the ambiguities inherent in the primary law. The commentary is divided in four parts which discuss the core disciplines, the rules, the exceptions, and the remaining provisions of the GATT.

The analysis explains the amount of sovereignty that nations lose by joining the World Trade Organization and the gains that ensure from the resulting cooperation. The policy aspects of the interface between national regulatory interventions and international disciplines are explored.

The text of the 1947 and 1994 GATT agreements are included as appendices

Subjects:
International Trade
Contents:
Table of Cases
Table of Treaties
List of Abbreviations
INTRODUCTION
An Overview
CHAPTER 1: FROM GATT 1947 TO GATT 1994
1. The Genesis of the GATT
2. The GATT in the GATT-era: an Agreement, and an Institution as Well
3. The GATT Rounds of Trade Liberalization
4. Expanding the GATT: the Emergence of the Codes
5. The GATT in the WTO-era: Just an Agreement
6. No More GATT the Advent of GATT 1994
7. The Modern GATT-discipline in a Nutshell
CHAPTER 2: THE CORE OBLIGATIONS
A brief introduction
1. The treatment of QRs
2. What is a "Quantitative Restriction"
3. Tariff protection in the GATT
4. The MFN
5. National treatment
6. Subsidies
CHAPTER 3: THE EXCEPTIONS
1. 'Business' Exceptions
2. 'Non business' exceptions
3. 'Institutional' exceptions
CHAPTER 4: THE REMAINING GATT PROVISIONS
1. Participation in the GATT
2. Decision making
3. Dispute settlement
4. Part IV
5. Remaining obligations
CONCLUDING REMARKS
Bibliography
Appendix 1: The General Agreement on Tariffs and Trade 1947
Appendix 2: The General Agreement on Tariffs and Trade 1994
Index