Emerging from the Haziness of the Multilateral Trade Legal Regime

Abstract

Abstract This paper aims at bringing some clarity on the notion of State-owned enterprises (SOEs) by exploring its relationship with that of State Trading Enterprises (STEs) through the interpretation of Article XVII of the General Agreement on Tariffs and Trade (GATT) 1994. Although this provision is generally considered when the World Trade Organization (WTO) regulatory framework applicable to SOEs is discussed, it leaves STEs undefined. Thus, provided the increasing complexity of SOEs, the link between the latter and the notion of STEs may not be as straightforward. By investigating their dividing line through the interpretation of Article XVII GATT, the analysis will suggest that, although the notions of SOEs and STEs partially overlap, the latter is not able to capture a wider variety of entities than the ones strictly envisaged at the time of the negotiations unless an interpretative declaration is adopted – if achievable – or new multilateral negotiations are undertaken.