Handbook of GATT Dispute Settlement by Pierre Pescatore, William J. Davey, and Andreas F. Lowenfeld

Abstract

Handbook of GATT Dispute Settlement by Pierre Pescatore. William J. Davey and Andreas F. Lowenfeld. Published by Transnational Juris Publications, New York and Kluwer Law & Taxation Publishers (1991, Deventer, Looseleaf, incl. Preface and Table of Contents ). Price Dfl. 395. For many years the General Agreement on Tariffs and Trade (GATT) has been an unknown entity to the general public. It was only after the commencement of the last eighth Round of Trade Negotiations, the so called Uruguay Round (1986), that awareness about GATT increased. The significant issues, which surrounded and still surround the unconcluded Uruguay Round and an underlying trade war between the European Community and USA, which centres, inter alia , around the problem of agricultural subsidies, made people realise that GATT can be an important vehicle in promoting trade between nations and, if the Round's agenda is adopted, in regulating services as well. Irrespective of these considerations, since 1947 GATT has been the principal international agreement regulating world trade. More than 100 states, belonging to different regional economic groups and accounting for 90 per cent of world trade, have signed and acceded to GATT in an effort to promote freer trade and restrict the use of trade barriers, which governments invariably impose in order to protect national producers. The imposition of such barriers may create frictions between countries and/or trade groups, which may escalate and lead to wider conflicts. The recent (November 1992) threat of imposition by US Trade authorities of import duties of 100 per cent or more on a series of products originating in Member States of the European Community, provides a good example. If these countries are signatory states to GATT, then they may try to resolve the conflict by invoking Article 23, which is the basic dispute settlement provision envisaged in GATT. The workings of this mechanism is exactly the purpose …