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The WTO Bananas Decision: Cutting Through the Thicket

Published online by Cambridge University Press:  02 March 2004

Bruce R. Hirsh
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Abstract

The Bananas decision demonstrated that WTO dispute settlement panels and the Appellate Body are capable of effectively and clearly analyzing whether extremely complex measures are consistent with WTO rules. The trade-liberalizing decision established the General Agreement on Trade in Services (GATS) as a meaningful constraint on discriminatory measures with an impact on both goods and services and clarified the nature of the GATS Most-Favoured Nation (MFN) obligation. The decision also severely constrained the ability of the EU to justify non-tariff discriminatory measures such as the quota allocation system at issue in Bananas based on the Lomé waiver.

Keywords

Appellate BodyDispute Settlement Bodyinternational trade lawWorld Trade Organization
Type
ARTICLES
Information
Leiden Journal of International Law , Volume 11 , Issue 2 , June 1998 , pp. 201 - 227
Copyright
© 1998 Kluwer Law International

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