General Agreement on Tariffs and Trade Part 1

The Consistency of the European Union Renewable Energy Directive with World Trade Organization Agreements: The Case of Biofuels
Andrew Mitchell and Christopher Tran
Renewable Energy Law and Policy Review
Issue 1, 2010 p.33-44

This article examines the consistency of the European Union Renewable Energy Directive with World Trade Organization Agreements, focusing on the General Agreement on Tariffs and Trade 1994 (GATT) and the Agreement on Technical Barriers to Trade (TBT Agreement). This article reaches two conclusions: (i) the EU Renewable Energy Directive is prima facie inconsistent with the EU’s obligations under the GATT and, (ii) to the extent that the Directive falls within the scope of the TBT Agreement, it is also inconsistent with that agreement.

Using GATT, Art XX to justify climate change measures in claims under the WTO Agreements
Christopher Tran
Environmental and Planning Law Journal
Volume 27, Number 5, September 2010 p.346

In a claim brought under the General Agreement on Tariffs and Trade (GATT), World Trade Organization Members can potentially justify climate change measures, otherwise inconsistent with that Agreement, under the exceptions in Art XX. Developments in the interpretation and application of those exceptions have led some commentators to suggest a reconciliation between trade and environmental imperatives. This article explains the “environmental turn” in the Art XX jurisprudence and why a climate change measure will likely pass muster under Art XX. This article then examines the extent to which Art XX can be invoked to justify climate change measures otherwise inconsistent with WTO Agreements other than the GATT.

Energy Transit under the Energy Charter Treaty and the General Agreement on Tariffs and Trade
Danae Azaria
Journal of Energy & Natural Resources Law
Volume 27, Number 4, November 2009 p.559

Water As A Public Good: The Status Of Water Under The General Agreement On Tariffs And Trade
Bryant Walker Smith
Cardozo Journal of International & Comparative Law
Volume 17, Number 2, Spring 2009 p.291

An Analysis and Synthesis of the Decisional Law Applying Article XX(g) of the General Agreement on Tariffs and Trade
Jasper L. Ozbirn
Pacific McGeorge Global Business & Development Law Journal
Volume 21, Number 2, 2008 p.371

Mavroidis, P: The General Agreement on Tariffs and Trade
British Year Book of International Law
Volume 77, 2006 p.435

Petros C. Mavroidis, The General Agreement on Tariffs and Trade: A Commentary, Series: Oxford Commentaries on the GATT/WTO Agreements (Oxford/New York, Oxford University Press 2005) xxxiii + 383 pp., GATT 1947 & GATT 1994 appended, ISBN 0-19-927813-X / ISBN 978-0-19-927813-8
Alan Brouder
European Business Organization Law Review
Volume 7, Issue 2, June 2006 p.614-619

Generalized System of Preferences in General Agreement on Tariffs and Trade/World Trade Organization: History and Current Issues
Norma Breda dos Santos, Rogério Farias and Raphael Cunha
Journal of World Trade
Volume 39, Number 4, August 2005 p.637

Enforcement, Private Political Pressure, and the General Agreement on Tariffs and Trade/World Trade Organization Escape Clause
Kyle Bagwell and Robert W. Staiger
Journal of Legal Studies
Volume 34, Number 2, June 2005 p.471

TRIPS: Protecting the Rights of Patent Holders and Addressing Public Health Issues in Developing Countries
Valach Jr., Anthony P.
Chicago-Kent Journal of Intellectual Property
Volume 4, Issue 2, Spring 2005 p.156

On April 15, 1994, the world began down an uncertain path that will either lead to greater harmony and prosperity for all or widen the gap between developed and developing countries. On this date, the signatory nations of the General Agreement on Tariffs and Trade (GATT) signed an Agreement of Trade Related Aspects of Intellectual Property (TRIPS). TRIPS is intended to reverse worldwide thinking regarding trade from an anti-protectionist philosophy to one of global competition. TRIPS achieves this transformation by establishing three core commitments: national treatment, most-favored-nation-treatment, and minimum standards.

Author: international

Mentioned in these Entries

GATS, general average and others, GATT Digital Archive: 1947 – 1994, General Agreement on Tariffs and Trade Part 2, General Agreement on Tariffs and Trade Part 3, General Agreement on Tariffs and Trade, Trade law Part 66.