An Introductory of the General Agreement on Tariffs and Trade and Their Dispute Settlement System

Juan Xavier Hermosa Montenegro

Abstract


In a general context, corresponds to a study of the World Trade Organization (WTO) and of its Dispute Settlement Understanding (DSU), and how does it work its Dispute Settlement body in the practice. In that light, is important to emphasize and recall the previous events that made the WTO what it is now. So, the aim of this research is how general approximation to study the General Agreement on Tariffs and Trade (GATT) and its Dispute Settlement System. This method used normative legal research. The research shows that The GATT 1947 and its dispute settlement system was in fact a big advance and change in the international trade history. Is remarkable this a “provisional” agreement lasted with full validity around 50 years, making the world trade a better place, mostly after those dark years of the World War II. So in fact, the GATT provide a effective way to deal with the daily outcomes of commerce not only in bilateral relation but in multilateral as well, providing clear rules to emphasize fair trade and tariffs in a secure and reliable way. Almost at the end of the so-called round of negotiations, the system showed some flaws that with the past of the time became more notorious.

Keywords


General Agreement on Tariffs and Trade; World Trade Organization; Dispute Settlement System; Trade

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References


Annex 1, General Agreement on Tariffs and Trade of 1947.

APPLETON, “Introduction to the World Trading System (presentation)”, intensive course on International Commercial Law at the Institut de Hautes Etudes Universitaires, HEI Summer Program, July 2007. Geneva, Switzerland;

Boston Tea Party Ships & Museum, Boston Tea Party. http://www.bostonteapartyship.com/history.asp.

Bruce W. Wilkinson, “The General Agreement on Tariffs and Trade (GATT). < https://www.thecanadianencyclopedia.ca/en/article/general-agreement-on-tariffs-and-trade>;

Cambridge University Press. “The WTO at ten, The Dispute Settlement System” Sacerdote, Giorgio and others. World Trade Organization. 2006;

Georgetown University, “From the GATT to the WTO”, http://www.ll.georgetown.edu/intl/guides/FromtheGATTtotheWTO.cfm

H. Jackson, “Legal Problems of International Economic Relations, cases, materials and text”, Fourth Edition, American Casebook Series, West Group, St.Paul, Minnessota, 2002.

Kizito Cimanuka Jean Luc, “Principle of Sovereign Equality and Non-Interference in the Internal Affairs of A State”, Vol. 1 No. 1, Tirtayasa Journal of International Law, 2022;

Kollen Ghizoni, Sandra. Creation of the Bretton Woods System. https://www.federalreservehistory.org/essays/bretton_woods_created;

Nottage, Hunter. “Trade in War’s Darkest Hour: Churchill and Roosevelt’s daring 1941 Atlantic Meeting that linked global economic cooperation to lasting peace and security.” https://www.wto.org/english/thewto_e/history_e/tradewardarkhour41_

e.htm

Publication of The WTO Secretariat prepared by the Legal Affairs and The Appealing Body Division for its Dissemination. " A Handbook on the WTO Dispute Settlement System " World Trade Organization.;

Rahmi Yuniarti, Cheny Berlian, “Kajian Yuridis Hukum Persaingan Usaha Terhadap Perkembangan Pasar Uang Elektronik dalam Perkembangan Pasar Nasional dan Internasional”, Vol. 2, No. 1, Tirtayasa Journal of International Law, 2023;

Robin W. Winks, “History of the Civilization, from 1648 to present”, volume II, 9th edition, Pearson Education;

The GATT years: from Havana to Marrakesh. https://www.wto.org/english/thewto_e/whatis_e/tif_e/fact4_e.htm;

UNCTAD, Dispute Settlement: Origins of the WTO, United Nations, New York and Geneva, 2003;

WORLD TRADE ORGANIZATION, "The WTO dispute settlement system". Publication of the WTO Secretariat prepared for dissemination by the Legal Affairs Division and the Appellate Body. Editions Yvon Blais, 2004;

WTO Secretariat. “Introduction to the WTO Dispute Settlement System.” A Handbook on the WTO Dispute Settlement System, 2nd ed., Cambridge University Press, Cambridge, 2017, WTO Internal Only.




DOI: http://dx.doi.org/10.51825/tjil.v2i2.21757

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