Sayfa 94. Lawful but legally objectionable (non-violation claim): world trade is not about free cake
The fact that a measure is justifiable under Article XXI GATT does not mean that…
The ultimate reason why the tariffs on aluminum and steel are unfair and sparked…
The above considerations are exactly the ones accommodated in Article XXIII(1)(b)…
As established by the panel in EEC – Oilseeds, non-violation…
144. (…) these provisions, as conceived by the drafters and applied by the CONTRACTING PARTIES, serve mainly to protect the balance of tariff concessions. The idea underlying them is that the improved competitive opportunities that can legitimately be expected from a tariff concession can be frustrated not only by measures proscribed by the General Agreement but also by measures consistent with that Agreement. In order to encourage contracting parties to make tariff concessions they must therefore be given a right of redress when a reciprocal concession is impaired by another contracting party as a result of the application of any measure, whether or not it conflicts with the General Agreement.…
148. (…) The Panel considered that the main value of a tariff concession is that it provides an assurance of better market access through improved price competition. Contracting parties negotiate tariff concessions primarily to obtain that advantage. They must therefore be assumed to base their tariff negotiations on the expectation that the price effect of the tariff concessions will not be systematically offset. If no right of redress were given to them in such a case they would be reluctant to make tariff concessions and the General Agreement would no longer be useful as a legal framework for incorporating the results of trade negotiations. …
As noted by the panel in Korea – Procurement, non-violation…
7.93 In our view, the non-violation remedy as it has developed in GATT/WTO jurisprudence should not be viewed in isolation from general principles of customary international law. As noted above, the basic premise is that Members should not take actions, even those consistent with the letter of the treaty, which might serve to undermine the reasonable expectations of negotiating partners. This has traditionally arisen in the context of actions which might undermine the value of negotiated tariff concessions. In our view, this is a further development of the principle of pacta sunt servanda in the context…
A key element of the highly exceptional non-violation claims is the concept of legitimate…
In EC – Asbestos, the AB suggested that no exception of WTO law is immune from non-violation claims: it established that even measures exempted by Article XX GATT might be targeted by non-violation claims.…
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