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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, Note Ad. 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)
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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)
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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. …
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 Concession (T.1)
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