2 The WTO code
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Asif H. Qureshi
Abstract
The substantive law of the World Trade Organization (WTO) partakes more of the nature of a code than of a detailed regulatory system for state conduct in the sphere of international trade. The WTO code sets out a broad framework within which member states need to conduct their affairs. The code is aimed at eliminating discrimination in government regulations relating to international trade in goods and services and reducing and/or eliminating barriers to the flow of such international trade. The principle of non-discrimination is a fundamental tenet of the international trading system. The tariff is the principal form of tolerated policy instrument under the WTO code. Quantitative restrictions and tariffs are border control measures. The obligations under the WTO code in relation to these measures can be undermined through customs and allied procedures. The sanitary and phytosanitary measures must be based on scientific principles, and not be arbitrary.
Abstract
The substantive law of the World Trade Organization (WTO) partakes more of the nature of a code than of a detailed regulatory system for state conduct in the sphere of international trade. The WTO code sets out a broad framework within which member states need to conduct their affairs. The code is aimed at eliminating discrimination in government regulations relating to international trade in goods and services and reducing and/or eliminating barriers to the flow of such international trade. The principle of non-discrimination is a fundamental tenet of the international trading system. The tariff is the principal form of tolerated policy instrument under the WTO code. Quantitative restrictions and tariffs are border control measures. The obligations under the WTO code in relation to these measures can be undermined through customs and allied procedures. The sanitary and phytosanitary measures must be based on scientific principles, and not be arbitrary.
Chapters in this book
- Front Matter i
- Contents v
- Series editor’s foreword vi
- Foreword vii
- Preface viii
- Acknowledgements x
- Abbreviations xi
- I The framework of the international trading system 1
- 1 Institutional aspects of the World Trade Organization 3
- 2 The WTO code 8
- II Implementing international trade norms – generally 47
- 3 Techniques of implementation – theory 49
- 4 Implementing the WTO code – generally 65
- 5 Dispute settlement 97
- 6 The Trade Policy Review Mechanism 108
- 7 Pre-conditions 126
- III Implementing international trade norms – specifically 135
- 8 Developing countries 137
- 9 Trade ‘blocs’ 148
- 10 The European Communities 164
- IV Appendix 193
- Selected extracts from The Final Act Embodying the Results of the Uruguay Round of Trade Negotiations; Marrakesh Agreement Establishing the WTO; GATT 1994; GATS; Understanding on Rules and Procedures Governing the Settlement of Disputes 196
- Select bibliography 248
- Index 252
Chapters in this book
- Front Matter i
- Contents v
- Series editor’s foreword vi
- Foreword vii
- Preface viii
- Acknowledgements x
- Abbreviations xi
- I The framework of the international trading system 1
- 1 Institutional aspects of the World Trade Organization 3
- 2 The WTO code 8
- II Implementing international trade norms – generally 47
- 3 Techniques of implementation – theory 49
- 4 Implementing the WTO code – generally 65
- 5 Dispute settlement 97
- 6 The Trade Policy Review Mechanism 108
- 7 Pre-conditions 126
- III Implementing international trade norms – specifically 135
- 8 Developing countries 137
- 9 Trade ‘blocs’ 148
- 10 The European Communities 164
- IV Appendix 193
- Selected extracts from The Final Act Embodying the Results of the Uruguay Round of Trade Negotiations; Marrakesh Agreement Establishing the WTO; GATT 1994; GATS; Understanding on Rules and Procedures Governing the Settlement of Disputes 196
- Select bibliography 248
- Index 252
