GATT-consistency Of National Legislation

GATT-consistency of national legislation in Global Commerce Policy

In this regard, a definition of this issue is as follows: under the Protocol of Provisional Accession national legislation in effect before 1 January 1948 was allowed to remain in force even if it was inconsistent with the provisions of the GATT. The entries on trade policy are here. In other words, such legislation was grandfathered. Laws passed after that date had to be in conformity with the GATT, though certain exceptions, for example in the form of strictly circumscribed waivers, are possible. The entries on trade policy are here. In the Manufacturing Clause case, the panel found that amendments to grandfathered legislation may be possible if they do not make it more inconsistent with the GATT, or if they do not cancel rightful expectations of other members. The entries on trade policy are here. Another panel ruling, this time in the Superfund case, held that the mere existence of national legislation permitting discretionary action inconsistent with the GATT did not constitute a violation of obligations under the GATT.[1]

GATT-consistency of national legislationin the wold Encyclopedia

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

Resources

Notes and References

1. Dictionary of Trade Policy, “GATT-consistency of national legislation” entry (OAS)

See Also