7 Pre-conditions
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Asif H. Qureshi
Abstract
The phenomenon of pre-conditions, or to coin a phrase 'World Trade Organization (WTO) conditionality', from an implementation perspective has not been widely considered as such. Yet 'pre-conditions' as a technique for ensuring or facilitating the observance of the WTO code are a method employed by the WTO. It is of particular significance at the time of the accession of a state. This chapter focuses on accession alone but the observations are of general relevance. Under Article XXXIII of GATT 1994 accession by a government is permitted, so that an entity that is not a state or a nation can also be a party to the agreement. The chapter illustrates account from the report of the Working Party on the accession of El Salvador.
Abstract
The phenomenon of pre-conditions, or to coin a phrase 'World Trade Organization (WTO) conditionality', from an implementation perspective has not been widely considered as such. Yet 'pre-conditions' as a technique for ensuring or facilitating the observance of the WTO code are a method employed by the WTO. It is of particular significance at the time of the accession of a state. This chapter focuses on accession alone but the observations are of general relevance. Under Article XXXIII of GATT 1994 accession by a government is permitted, so that an entity that is not a state or a nation can also be a party to the agreement. The chapter illustrates account from the report of the Working Party on the accession of El Salvador.
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
