Book contents
- Frontmatter
- Contents
- 1 The WTO Schedules
- 2 The goods Schedules
- 3 The services Schedules: specific commitments under the GATS
- 4 A practical guide
- Glossary
- Appendix 1 A closer reading of Article II of the GATT
- Appendix 2 General Agreement on Tariffs and Trade 1994
- Appendix 3 General Agreement on Trade in Services
- Index
Appendix 1 - A closer reading of Article II of the GATT
Published online by Cambridge University Press: 05 December 2011
- Frontmatter
- Contents
- 1 The WTO Schedules
- 2 The goods Schedules
- 3 The services Schedules: specific commitments under the GATS
- 4 A practical guide
- Glossary
- Appendix 1 A closer reading of Article II of the GATT
- Appendix 2 General Agreement on Tariffs and Trade 1994
- Appendix 3 General Agreement on Trade in Services
- Index
Summary
The Handbook makes many references to Article II of the GATT entitled ‘Schedules of Concessions’. This informal guide discusses the interpretation of the Article, paragraph by paragraph, relying on the guidance of the WTO's Appellate Body.
1. (a) Each Contracting Party shall accord to the commerce of the other Contracting Parties treatment no less favourable than that provided for in the appropriate Part of the appropriate Schedule annexed to this Agreement.
The first provision of Article II requires that each member gives effect to its commitments to treat imports no less favourably than its GATT Schedule provides. Part I of every member's WTO Schedule contains MFN commitments on duties affecting agricultural and non-agricultural goods.
(b) The products described in Part I of the Schedule relating to any Contracting Party, which are the products of territories of other Contracting Parties, shall, on their importation into the territory to which the Schedule relates, and subject to the terms, conditions or qualifications set forth in that Schedule…
Sub-paragraph 1(b) is a more specific instance of the obligation in sub-paragraph (a) to accord ‘treatment no less favourable’ than is found in the Schedules. Any measure inconsistent with (b) is necessarily inconsistent with (a), according to the AB in the case of Argentina – Textiles and Apparel.
- Type
- Chapter
- Information
- A Handbook on Reading WTO Goods and Services Schedules , pp. 78 - 96Publisher: Cambridge University PressPrint publication year: 2009