haku: @indexterm RESTRICTIVE PRACTICES / yhteensä: 75
viite: 9 / 75
| Tekijä: | Knobl, P. F. |
| Otsikko: | GATT application: The Grandfather is still alive. Recent panel recognitions and amendment intentions |
| Lehti: | Journal of World Trade Law
1991 : AUG, VOL. 25:4, p. 101-118 |
| Asiasana: | GATT GOVERNMENT LEGISLATION RESTRICTIVE PRACTICES |
| Kieli: | eng |
| Tiivistelmä: | The GATT Grandfather Clause /GC/ was to enable governments in 1947 to accept the GATT obligations without requiring parliamentary action adjusting domestic legislation accordingly. The Panel Report on Norwegian Import Restrictions has recently reaffirmed the restrictive construction of the GC prevailing in GATT practice. Criteria recognised in the Panel Report are discussed, the questions: "What is 'legislation in a formal sense' covered by the Protocol of Provisional Applications?" and "What is 'mandatory legislation' under the GC?" are analysed in detail. Prospective developments and the Uruguay Round reformatory efforts are discussed. It appears that there are few Grandfather rights left, and that these are expected to be amdended within a few years. |
SCIMA