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| Author: | Mavroidis, P. C. Siclen, S. J. van |
| Title: | The application of the GATT/WTO dispute resolution system to competition issues |
| Journal: | Journal of World Trade
1997 : OCT, VOL. 31:5, p. 5-48 |
| Index terms: | DISPUTES GATT COMPETITION INTERNATIONAL TRADE TRADE ASSOCIATIONS TRADE UNION LAW |
| Language: | eng |
| Abstract: | This paper addresses the essentials of international trade laws, as encompassed in the GATT/WTO context, and of competition laws of the types among OECD member countries. Market access has been defined as a set of WTO rules that establish competitive conditions for domestic and foreign products. According to this WTO members are unconstrained where they regulate the internal aspects of their own markets, but subject to the limit that there be non-discriminatory application of all measures to both domestic and foreign products. This limit is what can be contested before the WTO dispute settlement procedures. At the same time this limit circumscribes the notion of nullification and impairment. All that WTO cares about in this context is the respect of obligation to apply internal measures in a non-discriminatory way. |
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