The WTO law and the EC'S GSP+ arrangement

Turksen, Umut

Abstract

The European Communities (EC) has developed a Generalized System of Preferences (GSP), including the ‘Special Incentives for Sustainable Development and Good Governance’, also known as GSP+. Under the World Trade Organization (WTO) law, GSPs are generally authorized by the Enabling Clause, allowing developed countries to grant trade preferences to the advantage of developing countries on a non-reciprocal basis. However, trade negotiations and disputes pertaining to these preferences have been some of the most difficult and acrimonious. This article argues that the GSP+ violates the most-favoured-nation (MFN) principle of Article I:1 GATT and therefore is only compliant with WTO law if it can be justified on appropriate legal grounds.

• Journal Article Type: Article
• Publication Date: Oct 1, 2009
• Journal: Journal of World Trade
• Print ISSN: 1011-6702
• Publisher: Kluwer Law International
• Peer Reviewed: Peer Reviewed
• Volume: 43
• Issue: 5
• Pages: 927-968
• Keywords: The European Communities (EC), Generalized System of Preferences (GSP), GSP+, World Trade Organization (WTO) law, trade
• Public URL: https://uwe-repository.worktribe.com/output/992215
• Publisher URL: http://www.kluwerlawonline.com/toc.php?area=Journals&mode=bypub&level=4&values=Journals~~Journal+of+World+Trade