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Law Master - Essay Example

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1. No prohibitions or restrictions other than duties, taxes or other charges, whether made effective through quotas, import or export licences or other measures, shall be instituted or maintained by any contracting party on the importation of any product of the territory of any other contracting party or on the exportation or sale for export of any product destined for the territory of any other contracting party.
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Law Master

Download file to see previous pages... (ii) to remove a temporary surplus of the like domestic product, or, if there is no substantial domestic production of the like product, of a domestic product for which the imported product can be directly substituted, by making the surplus available to certain groups of domestic consumers free of charge or at prices below the current market level; or
(iii) to restrict the quantities permitted to be produced of any animal product the production of which is directly dependent, wholly or mainly, on the imported commodity, if the domestic production of that commodity is relatively negligible.
Any contracting party applying restrictions on the importation of any product pursuant to subparagraph (c) of this paragraph shall give public notice of the total quantity or value of the product permitted to be imported during a specified future period and of any change in such quantity or value. Moreover, any restrictions applied under (i) above shall not be such as will reduce the total of imports relative to the total of domestic production, as compared with the proportion, which might reasonably be expected to rule between the two in the absence of restrictions. In determining this proportion, the contracting party shall pay due regard to the proportion prevailing during a previous representative period and to any special factors* which may have affected or may be affecting the trade in the product concerned.

Brief Explanation of the Article XI:
As the title suggests Article XI is concerned with the General Elimination of Quantitative Restriction from Trade. It goes on to say that a contracting party whether importing goods or exporting them shall maintain no prohibition or restrictions on them except in the form of duties, taxes and other charges that can be effective through quotas, import and export licences or other measures, Article XI advocates for the tariff regime to be put in place as trade measures. It further puts prohibition on either of the contracting parties for introducing fresh quotas and they are also required to eliminate the existing ones. However, it also lays a exception to the quantitative restrictions in case of certain domestic agricultural programs.
I found the text of the Article XI by accessing the WTO website and in it the legal documents section of WTO. The URL that I accessed is < http://www.wto.int/english/docs_e/legal_e/gatt47_01_e.htm >
2)
The cases decided by the WTO Dispute Panels and Appellate Body relating to the interpretation of Article XI are the following :
Turkey - Textiles
EEC - Imports from Hong Kong.
India - Quantitative Restrictions
US - Wool Shirts and Blouses
EC - Hormones
Canada - Periodicals
US - Shrimp
EC - Asbestos
United ...Download file to see next pagesRead More
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