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from Part I - Appellate Body Reports

Published online by Cambridge University Press:  05 June 2012

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Summary

Paragraph 1

See also Burden of Proof, Defences and exceptions (B.3.3); Request for the Establishment of a Panel, Article 6.2 of the DSU – Claims and legal basis of the complaint (R.2.2)

(WT/DS246/AB/R)

…By using the word “notwithstanding”, paragraph 1 of the Enabling Clause permits Members to provide “differential and more favourable treatment” to developing countries “in spite of” the MFN obligation of Article I:1. Such treatment would otherwise be inconsistent with Article I:1 because that treatment is not extended to all Members of the WTO “immediately and unconditionally”. Paragraph 1 thus excepts Members from complying with the obligation contained in Article I:1 for the purpose of providing differential and more favourable treatment to developing countries, provided that such treatment is in accordance with the conditions set out in the Enabling Clause. As such, the Enabling Clause operates as an “exception” to Article I:1.

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Publisher: Cambridge University Press
Print publication year: 2011

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