Banana Cases

Banana Cases

Banana cases in Global Commerce Policy

In this regard, a definition of this issue is as follows: this refers to two trade disputes brought for adjudication in the GATT and the WTO. The first was a case launched in 1993 in the GATT by Columbia, Costa Rica, Guatemala, Nicaragua and Venezuela against the European Economic Community (EEC) and decided in early 1994. The entries on trade policy are here. It arose from a change in the EEC import regime for bananas which resulted in differing market access depending on whether they originated within the EEC, traditional ACP states, non-traditional ACP states or third countries. The complainants charged that this violated the non-discrimination provisions of the GATT, and the EEC also had broken its tariff bindings. The entries on trade policy are here. Altogether, the panel was asked to find on the consistency of the import regime with about ten GATT articles. The entries on trade policy in the Encyclopedia are here. On many of them it found that the EEC had no case to answer. The entries on trade policy are here. Importantly, however, it decided that the manner of EEC’s preferential tariff treatment of banana imports was contrary to the most-favoured-nation treatment required by GATT Article I. The second case had a wider ambit. The entries on trade policy are here. It was initiated in early 1996 in the WTO by Ecuador, Guatemala, Honduras, Mexico and the United States concerning the European Community (EC) regime for the import, sale and distribution of bananas. The complainants alleged that the EC was in contravention of its obligations under the GATT, the GATS, the Agreement on Trade-Related Investment Measures, the Agreement on Agriculture and the Agreement on Import Licensing Procedures. The panel found that the EC had breached its commitments under the GATT, GATS and the import licensing provisions. The entries on trade policy in the Encyclopedia are here. One point of particular interest arising from this panel finding is that it applies aspects of the provisions relating to trade in services to trade in goods. The European Community lodged an appeal against the decision, but the Appellate Body upheld most of the contested findings.[1]

Banana casesin the wold Encyclopedia

For an introductory overview on international trade policy, see this entry.

Resources

Notes and References

  1. Dictionary of Trade Policy, “Banana cases” entry (OAS)

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