
Contents
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I. Introduction I. Introduction
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II. Obligations: market access II. Obligations: market access
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A. Tariff barriers to market access A. Tariff barriers to market access
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B. Non-tariff barriers to market access: quantitative restrictions B. Non-tariff barriers to market access: quantitative restrictions
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C. Market access issues for trade in services C. Market access issues for trade in services
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III. Non-discrimination III. Non-discrimination
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IV. Good governance IV. Good governance
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A. Transparency A. Transparency
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B. Administration B. Administration
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V. Balancing Trade vs Other Trade Interests V. Balancing Trade vs Other Trade Interests
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A. Exceptions for preferential treatment A. Exceptions for preferential treatment
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1. Preferences for ‘regional’ trade integration: Article XXIV of the GATT 1994 1. Preferences for ‘regional’ trade integration: Article XXIV of the GATT 1994
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2. General principle of ‘special and differential treatment’ 2. General principle of ‘special and differential treatment’
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3. Preferences under the ‘Enabling Clause’ 3. Preferences under the ‘Enabling Clause’
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B. Subsidies B. Subsidies
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C. Trade remedies C. Trade remedies
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1. What are trade remedies? Common features 1. What are trade remedies? Common features
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2. SCM Agreement 2. SCM Agreement
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3. Anti-Dumping Agreement 3. Anti-Dumping Agreement
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4. Safeguards Agreement 4. Safeguards Agreement
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VI. Balancing trade vs non-trade interests VI. Balancing trade vs non-trade interests
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A. GATT 1994 exceptions A. GATT 1994 exceptions
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B. TBT and SPS Agreements B. TBT and SPS Agreements
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1. SPS Agreement 1. SPS Agreement
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2. TBT Agreement 2. TBT Agreement
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Further reading Further reading
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16 C16An Introduction to Core Principles of International Trade Law
Get accessNic Lockhart is a partner at Sidley Austin LLP in Geneva and works with WTO Members as complainants, respondents, and third parties. He has advised a wide range of governments and commercial stakeholders in dozens of disputes and assisted clients with the negotiation of trade agreements. Before joining Sidley, he spent five years at the WTO Appellate Body, advising on sixteen appeals. He offers clients an in-depth knowledge of WTO practice, procedures, and substantive law, covering all stages of WTO dispute settlement, as well as his extensive experience in oral advocacy at hearings.
Katherine Connolly is an Associate at Sidley Austin LLP, where she counsels and represents clients on all aspects of international trade law, with a particular focus on WTO law and dispute settlement. Before joining Sidley, Katherine was a dispute settlement lawyer at the WTO Secretariat servicing panels on complex and novel compliance-related issues. Katherine holds a law degree from the University of Sydney, Australia, and an LL.M. from the University of Amsterdam, Netherlands. Katherine recently completed a 1-year secondment with the UK Department for International Trade, where she advised on international trade law issues.
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Published:19 December 2022
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Abstract
This chapter sets out the core principles of international trade law, covering the typical range of obligations and exceptions that apply to international trade in goods and services, under both the WTO covered agreements and FTAs. The first two topics cover the “bedrock” principles of international trade law: market access (covering tariff barriers, quantitative restrictions, non-tariff barriers, and some services-specific market access considerations); and non-discrimination (as between domestic and imported goods; and between imported goods from different sources). The third topic covers various ‘good governance’ obligations, which require transparency and proper administration by national authorities, with respect to their trade-related measures. The penultimate topic covers obligations that balance competing trade interests of different WTO Members, including permitted grounds for preferential trade treatment of imports, the grant of subsidies, and the imposition of trade remedies on imports. Finally, we consider the rules that look to balance competing trade and non-trade interests, including the general and security exceptions in the GATT 1994, and the SPS and TBT Agreements.
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