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

REPERTORY OF APPELLATE BODY REPORTS

WTO Agreement


ON THIS PAGE:

Preamble
Article XVI:1 — Relevance to GATT 1947 decisions, procedures and customary practices
Article XVI:4 — WTO-conformity of laws, regulations and administrative procedures. See also Anti-Dumping Agreement, Article 18.4 — Obligation to ensure WTO-conformity of domestic anti-dumping laws, regulations and rocedures (A.3.62)


W.4.1 Preamble     back to top

W.4.1.1 EC — Tariff Preferences, para. 161
(WT/DS246/AB/R)

 

… the Preamble to the WTO Agreement, which informs all the covered agreements including the GATT 1994 (and, hence, the Enabling Clause), explicitly recognizes the “need for positive efforts designed to ensure that developing countries, and especially the least developed among them, secure a share in the growth in international trade commensurate with the needs of their economic development”. The word “commensurate” in this phrase appears to leave open the possibility that developing countries may have different needs according to their levels of development and particular circumstances. The Preamble to the WTO Agreement further recognizes that Members’ “respective needs and concerns at different levels of economic development” may vary according to the different stages of development of different Members.

 

Article IX — Decision-making. See Waivers (W.1)

 
W.4.2 Article XVI:1 — Relevance to GATT 1947 decisions, procedures and customary practices     back to top

W.4.2.1 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. …

 
W.4.3 Article XVI:4 — WTO-conformity of laws, regulations and administrative procedures. See also Anti-Dumping Agreement, Article 18.4 — Obligation to ensure WTO-conformity of domestic anti-dumping laws, regulations and procedures (A.3.62)     back to top

W.4.3.1 EC — Sardines, para. 213
(WT/DS231/AB/R)

 

Moreover, as general context for all the covered agreements, Article XVI:4 of the Marrakesh Agreement Establishing the World Trade Organization is of great significance. …

 

… This provision establishes a clear obligation for all WTO Members to ensure the conformity of their existing laws, regulations, and administrative procedures with the obligations in the covered agreements.

 


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.