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Human Rights and International Trade$
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Thomas Cottier, Joost Pauwelyn, and Elisabeth Bürgi

Print publication date: 2005

Print ISBN-13: 9780199285822

Published to Oxford Scholarship Online: March 2012

DOI: 10.1093/acprof:oso/9780199285822.001.0001

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The Appellate Body Report in European Communities—Conditions for the Granting of Tariff Preferences to Developing Countries and its Implications for Conditionality in GSP Programmes

The Appellate Body Report in European Communities—Conditions for the Granting of Tariff Preferences to Developing Countries and its Implications for Conditionality in GSP Programmes

Chapter:
The Appellate Body Report in European Communities—Conditions for the Granting of Tariff Preferences to Developing Countries and its Implications for Conditionality in GSP Programmes
Source:
Human Rights and International Trade
Author(s):

Lorand Brtels

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199285822.003.0024

This chapter begins by outlining the types of conditionality found in the EC and US GSP programmes. It then discusses the measure at issue in the EC–Tariff Preferences dispute, before turning to a discussion of the issues raised in the panel and Appellate Body reports. The first issue concerns the status of the ‘Enabling Clause’, and in particular whether it should be seen as an ‘exception’ to Article I:1 GATT. This has implications primarily as to whether the complainant or the defendant bears the burden of proving that the Enabling Clause applies to a challenged measure. The second issue is whether the references in the Enabling Clause to ‘generalized, non-discriminatory and non-reciprocal’ GSP preferences should be treated as binding conditions and, if so, how these terms (and in particular the term ‘non-discriminatory’) are to be interpreted.

Keywords:   tariff preference, GSP programmes, GATT, Appellate Body, autonomous rights, WTO, Enabling Clause

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