Quantitative restrictions: article XI GATT

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Transcript Quantitative restrictions: article XI GATT

Quantitative restrictions: article XI
GATT
General prohibition: a cornerstone of the
GATT system. The prohibition applies to
imports and exports.
Broad concept of quantitative restrictions:
- Non-mandatory measures;
- De facto restrictions (Argentina – Hides
and Leather).
Specific rules for agricultural products and
textiles.
Quantitative restrictions: article XIII
GATT
Quantitative restrictions can be applied in some
cases, but they must:
- be non-discriminatory;
- aim at a fair distribution of trade (as close as
possible to the shares Member could obtain in
the absence of such restrictions: allocation of
quotas between all States having a substantial
interest);
- be neutral in application and administered in a
fair and equitable manner (import-licensing
procedures);
Other non-tariff barriers: article X
GATT
Prompt publication of measures affecting
trade in goods; no application before
publication.
Establishment of enquiry points.
Uniform, impartial and reasonable
administration
Objective and impartial review procedures.
Market access barriers to trade in
services
No general prohibition. Progressive
achievement of liberalisation through
rounds of negotation: reciprocity and
flexibility for developing countries.
Schedules of specific committments:
agreements between States.
Other barriers to trade in services
Prompt publication of measures affecting
trade in services.
Uniform, impartial and reasonable
administration
Limits to domestic regulation (objectivity and
transparency, no excessive burdens).
Encouragement of recognition of foreign
diplomas and certificates: objective criteria
and non-discrimination.