Final Flashcards
(20 cards)
What is Article I (MFN) of GATT? What does MFN stand for?
MFN stands for Most-Favored Nation. Article I requires WTO members to treat all trading partners equally by offering the same trade advantages (e.g., tariffs).
What is Article III (National Treatment) under GATT?
It ensures imported goods are treated no less favorably than domestic ‘like’ products in internal taxes and regulations, once they enter the country.
What is Article XI (Quantitative Restrictions) under GATT?
It prohibits bans and quotas on imports or exports, allowing only tariffs as a trade control method.
What is Article XX (General Exceptions) of GATT?
Allows countries to break WTO rules for certain goals (e.g., environment, public health) if the measure isn’t discriminatory or a disguised restriction.
What is the ‘Chapeau’ of Article XX in GATT?
The introduction that prevents misuse of exceptions by ensuring measures are not arbitrary, unjustifiably discriminatory, or disguised restrictions on trade.
What does TBT stand for? What does the TBT Agreement regulate?
Technical Barriers to Trade. It regulates technical regulations, standards, and testing procedures, ensuring they don’t unnecessarily restrict trade.
What does SPS stand for? What does the SPS Agreement regulate?
Sanitary and Phytosanitary Measures. It governs rules to protect human, animal, or plant health from risks like pests, contaminants, and diseases.
What is de jure discrimination in trade law?
Discrimination that is explicit in the law (e.g., banning only foreign products).
What is de facto discrimination in trade law?
Discrimination that results from a seemingly neutral law that disproportionately affects foreign goods.
What is the ‘necessity test’ in WTO law?
A test to evaluate if a trade restriction is necessary to achieve a policy goal and if less trade-restrictive alternatives exist.
What is the ‘weighing and balancing’ method in Article XX analysis?
Evaluates the importance of the objective, the measures contribution, and its trade restrictiveness.
What is Zanzibar’s main argument in the WTO dispute with Agrabah?
That Agrabah’s eco-labeling and taxes favor domestic products and unfairly discriminate against Zanzibar’s solar panels.
How might Agrabah justify its eco-labeling under WTO law?
Using Article XX (environmental protection) if measures are non-discriminatory and not disguised protectionism.
What are PPMs? What does it stand for?
Processes and Production Methods. Rules about how a product is made, not the product itself.
What is a Technical Regulation?
A mandatory rule that defines product characteristics or processes (e.g., safety requirements, labeling).
What is a Standard (under TBT)?
A non-binding guideline for products, often voluntary but influential in practice.
What are Conformity Assessment Procedures (TBT Annex 1.3)?
Procedures like testing or certification to ensure products meet relevant standards or regulations.
What are the three major trade remedies?
- Antidumping duties, 2. Countervailing duties (against subsidies), 3. Safeguards (against import surges).
Can private companies bring disputes to the WTO?
No. Only states (governments) can bring cases. Companies must request their government to act on their behalf.
What is a Schedule of Concessions?
A list where WTO members commit to maximum tariffs on imported goods, ensuring predictability.
