- List of Contributors
- List of Abbreviations
- List of Cited GATT Panel and Working Party Reports and their Common Abbreviations
- List of Cited WTO Panel and Appellate Body Reports, Other Initiated WTO Disputes, and their Common Abbreviations
- Table of Cases
- The Evolution of the World Trading System – The Economic and Policy Context
- The Evolution of the World Trading System – The Legal and Institutional Context
- The Place of the WTO in the International System
- WTO Institutional Aspects
- Responding to National Concerns
- Regional Trade Agreements
- The Institutional Dimension
- Jurisdiction, Applicable Law, and Interpretation
- Procedural and Evidentiary Issues
- Standard of Review in WTO Law
- Remedies and Compliance
- The Limits of Judicial Processes
- Trade and Development
- Trade and Environment
- Trade and Labour
- Trade and Human Rights
- Trade and Health
- Trade and Investment
- Trade and Competition Policy
- WTO and Civil Society
- International Trade Law, United Nations Law, and Collective Security Issues
- Regulating Multinational Corporations and International Trade Law
- Law, Culture, and Values in the WTO – Gazing into the Crystal Ball
Abstract and Keywords
This article addresses a few selected key issues stemming out of the incomplete character of the general agreement on tariffs and trade (GATT) 1994, and which remain controversial. The article is structured in three parts, along the lines of Mavroidis' subdivision of GATT 1994 disciplines: disciplines on ‘trade instruments’, disciplines on ‘domestic instruments’, and disciplines on ‘state contingencies’. It focuses on the notion of nationality discrimination in the light of the developing dispute settlement jurisprudence and the type of legal test applied to screen the validity of the public policy justifications. The next section addresses some aspects of two disciplines on state contingencies that have broader implications for the multilateral trading system. This article advances that while the GATT 1994 has, so far, accomplished a lot in terms of establishing the key principles and approaches to the regulation of trade in goods, it has still further challenges to meet.
Federico Ortino is Reader in International Economic Law, King's College, London.
Access to the complete content on Oxford Handbooks Online requires a subscription or purchase. Public users are able to search the site and view the abstracts and keywords for each book and chapter without a subscription.
If you have purchased a print title that contains an access token, please see the token for information about how to register your code.