Topics handled by WTO committees and agreements
Issues covered by the WTO’s committees and agreements

REPERTORY OF APPELLATE BODY REPORTS

GATT 1994


ON THIS PAGE:

Language of Annex 1A incorporating the GATT 1994 into the WTO Agreement. See also Status of Panel and Appellate Body Reports (S.8)
Relationship between the GATT 1994 and the GATS. See also GATS, Article I: Scope of application — Measures affecting trade in services (G.1.1)


Article I. See Enabling Clause, Paragraph 1 (E.1.1); MFN Treatment, Article I of the GATT 1994 (M.2.1)

Article II. See Tariff Concessions (T.1)

Article III. See National Treatment (N.1); SCM Agreement, Article III:8 of the GATT 1994 — Subsidies (S.2.42)

Article VI. See Anti-Dumping Agreement (A.3)

Article VI:3. See SCM Agreement, Article VI:3 of the GATT 1994 — Subsidies (S.2.43)

Article VIII. See International Monetary Fund — “Coherence” (I.2)

Article X. See Licensing Agreement (L.2); Publication and Administration of Trade Regulations (P.5)

Article XIII. See Tariff Quotas — Non-Discriminatory Administration (T.2)

Article XV. See International Monetary Fund — “Coherence” (I.2); Seek Information and Technical Advice (S.4)

Article XVI. See SCM Agreement, Relationship between the SCM Agreement and the GATT 1994 (S.2.41)

Article XVIII:11, Ad Note. See Balance-of-Payments Restrictions (B.1)

Article XVIII:11, Proviso. See Balance-of-Payments Restrictions (B.1)

Article XIX. See Safeguards Agreement, Article XIX of the GATT 1994 (S.1.45-50); Safeguards Agreement, Relationship between the Safeguards Agreement and the GATT 1994 (S.1.44)

Article XX. See General Exceptions: Article XX of the GATT 1994 (G.3)

Article XXIV. See Regional Agreements (R.1)

 
G.2.1 Language of Annex 1A incorporating the GATT 1994 into the WTO Agreement. See also Status of Panel and Appellate Body Reports (S.8)     back to top

G.2.1.1 Japan — Alcoholic Beverages II, p. 14, DSR 1996:I, p. 97 at 107-108
(WT/DS8/AB/R, WT/DS10/AB/R, WT/DS11/AB/R)

 

Article XVI:1 of the WTO Agreement and paragraph 1(b)(iv) of the language of Annex 1A incorporating the GATT 1994 into the WTO Agreement bring the legal history and experience under the GATT 1947 into the new realm of the WTO in a way that ensures continuity and consistency in a smooth transition from the GATT 1947 system. This affirms the importance to the Members of the WTO of the experience acquired by the CONTRACTING PARTIES to the GATT 1947 — and acknowledges the continuing relevance of that experience to the new trading system served by the WTO.

 

G.2.1.2 Argentina — Footwear (EC), para. 80
(WT/DS121/AB/R)

 

We note that the GATT 1994 is the first agreement that appears in Annex 1A to the WTO Agreement, and that it consists of: the provisions of the GATT 1947, as rectified, amended or modified by the terms of legal instruments that entered into force before the entry into force of the WTO Agreement; the provisions of certain legal instruments, such as protocols and certifications, decisions on waivers and other decisions of the CONTRACTING PARTIES to the GATT 1947, that entered into force under the GATT 1947 before the entry into force of the WTO Agreement; certain Uruguay Round Understandings relating to specific GATT articles; and the Marrakesh Protocol to the GATT 1994 containing Members’ Schedules of Concessions.

 

G.2.1.3 Korea — Dairy, para. 75
(WT/DS98/AB/R)

 

We note, furthermore, that the GATT 1994 was incorporated into the WTO Agreement as one of the Multilateral Agreements on Trade in Goods contained in Annex 1A to the WTO Agreement. The GATT 1994 consists of: (a) the provisions of the GATT 1947, as rectified, amended or modified before the entry into force of the WTO Agreement; (b) provisions of certain other legal instruments which entered into force under the GATT 1947 and before the date of entry into force of the WTO Agreement; (c) a number of Uruguay Round Understandings on the interpretation of certain GATT articles; and (d) the Marrakesh Protocol to GATT 1994. The Agreement on Safeguards is one of the thirteen Multilateral Agreements on Trade in Goods contained in Annex 1A of the WTO Agreement. It is important to understand that the WTO Agreement is one treaty. The GATT 1994 and the Agreement on Safeguards are both Multilateral Agreements on Trade in Goods contained in Annex 1A, which are integral parts of that treaty and are equally binding on all Members pursuant to Article II:2 of the WTO Agreement.

 

G.2.1.4 US — FSC, para. 107
(WT/DS108/AB/R)

 

… Paragraph 1(b) stipulates that the GATT 1994 includes certain “legal instruments … that entered into force under the GATT 1947”, such as “other decisions of the CONTRACTING PARTIES to the GATT 1947” under sub-paragraph (b)(iv). As the Panel said, in terms of Article II:2 of the WTO Agreement, these various “legal instruments” are, in themselves, “integral parts” of the WTO Agreement and are “binding on all Members”. The inclusion of these “legal instruments” in the GATT 1994 recognizes that the legal character of the rights and obligations of the contracting parties under the GATT 1994 is not fully reflected by the text of the GATT 1994 because those rights and obligations are conditioned by the “protocols”, “decisions” and other “legal instruments” to which paragraph 1(b) refers.

 

Relationship between the GATT 1994 and the Agreement on Agriculture. See Agreement on Agriculture, Relationship between the Agreement on Agriculture and the GATT 1994 (A.1.37)

 

Relationship between the GATT 1994 and the Anti-Dumping Agreement. See Anti-Dumping Agreement, Relationship between the Anti-Dumping Agreement and the GATT 1994 (A.3.64)

 
G.2.2 Relationship between the GATT 1994 and the GATS. See also GATS, Article I: Scope of application — Measures affecting trade in services (G.1.1)     back to top

G.2.2.1 Canada — Periodicals, p. 19, DSR 1997:I, p. 449 at 465
(WT/DS31/AB/R)

 

The entry into force of the GATS, as Annex 1B of the WTO Agreement, does not diminish the scope of application of the GATT 1994.

 

We agree with the Panel’s statement:

 

The ordinary meaning of the texts of GATT 1994 and GATS as well as Article II:2 of the WTO Agreement, taken together, indicates that obligations under GATT 1994 and GATS can co-exist and that one does not override the other.

 

G.2.2.2 EC — Bananas III, para. 221
(WT/DS27/AB/R)

 

The second issue is whether the GATS and the GATT 1994 are mutually exclusive agreements. The GATS was not intended to deal with the same subject-matter as the GATT 1994. The GATS was intended to deal with a subject-matter not covered by the GATT 1994, that is, with trade in services. Thus, the GATS applies to the supply of services. It provides, inter alia, for both MFN treatment and national treatment for services and service suppliers. Given the respective scope of application of the two agreements, they may or may not overlap, depending on the nature of the measures at issue. Certain measures could be found to fall exclusively within the scope of the GATT 1994, when they affect trade in goods as goods. Certain measures could be found to fall exclusively within the scope of the GATS, when they affect the supply of services as services. There is yet a third category of measures that could be found to fall within the scope of both the GATT 1994 and the GATS. These are measures that involve a service relating to a particular good or a service supplied in conjunction with a particular good. In all such cases in this third category, the measure in question could be scrutinized under both the GATT 1994 and the GATS. However, while the same measure could be scrutinized under both agreements, the specific aspects of that measure examined under each agreement could be different. Under the GATT 1994, the focus is on how the measure affects the goods involved. Under the GATS, the focus is on how the measure affects the supply of the service or the service suppliers involved. Whether a certain measure affecting the supply of a service related to a particular good is scrutinized under the GATT 1994 or the GATS, or both, is a matter that can only be determined on a case-by-case basis.

 

G.2.2.3 China — Publications and Audiovisual Products, paras. 193-194
(WT/DS363/AB/R)

 

We understand China to argue that, because the Film Regulation regulates trade in services, it should be excluded from scrutiny under China’s trading rights commitments, which are applicable only to trade in goods. We note, in this regard, that the Appellate Body has found that a measure could be simultaneously subject to obligations relating to trade in goods under the GATT 1994 and to obligations relating to trade in services under the GATS. These findings [of the Appellate Body in Canada — Periodicals and EC — Bananas III] specifically concern the relationship between the GATS and the GATT 1994, and thus do not directly address the relationship between China’s trading rights commitments and its commitments on trade in services. Yet, these findings provide assistance in analysing the issue of whether a measure can be simultaneously subject to obligations relating to trade in goods and those relating to trade in services. Given that China’s trading rights commitments apply to trade in goods, the Appellate Body findings in these earlier disputes are also relevant to resolving the issue of whether measures regulating services may be subject to China’s trading rights commitments.

 

The Appellate Body’s approach in the above two disputes implies that a measure can regulate both goods and services and that, as a result, the same measure can be subject to obligations affecting trade in goods and obligations affecting trade in services.

 

Relationship between the GATT 1994 and the Agreement on Import Licensing Procedures. See Licensing Agreement (L.2)

 

Relationship between the GATT 1994 and the Agreement on Safeguards. See Safeguards Agreement, Relationship between the Safeguards Agreement and the GATT 1994 (S.1.44)

 

Relationship between the GATT 1994 and the SCM Agreement. See SCM Agreement, Relationship between the SCM Agreement and the GATT 1994 (S.2.41)

 

Relationship between the GATT 1994 and the Schedules to the GATT 1994. See Tariff Concessions (T.1)

 


The texts reproduced here do not have the legal standing of the original documents which are entrusted and kept at the WTO Secretariat in Geneva.