WHAT IMPACT DOES DEVELOPING COUNTRIES' PARTICIPATION IN PROMOTING THE WTO'S OBJECTIVES HAVE ON STATES' ASPIRATIONS TO SEEK DEVELOPMENTAL OBJECTIVES?

ABSTRACT

This essay will examine the institutional framework of the World Trade Organization (WTO) regarding trade in goods and services among member states. it will discuss the objectives and principles of the WTO. It will explore various WTO agreements such as the 1994 General Agreement on Tariffs and Trade, General Agreement on Trade in Service, and many more. It will also review the main purpose of the agreements and if they affect a member’s ability to pursue national policy objectives and priorities. The essay will also take a wider view into the basic trade obligations and standards as contained under those agreements such as the MFN (most fevered nation) and National Treatment and how these obligations are implemented, regarding trade in goods and services among member states. There are certain exceptions to the WTO rules and this essay will review those exceptions and the condition for applying the exceptions to WTO rules. The essay will engage with the contemporary issues and developments within the WTO, its dispute settlement mechanisms, and the challenging experience developing countries face in accessing the dispute settlement mechanisms within the WTO.

1.0??????INTRODUCTION

In November 2001, the Doha Development Agenda was introduced by trade ministers during the Doha Ministerial Conference. Members of the WTO have positioned development issues and the interests of developing countries at the center?of the organization's activity with the adoption of this Agenda. The WTO agreements recognize the link between trade and development and contain special provisions for developing countries. More than two-thirds of WTO members are?classified as developing countries .[1] The WTO trading system promotes open commerce and trade to boost economic growth and nation-building. This complements trade and growth. In addition, many WTO agreements protect developing nations.

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2.0??????THE WORLD TRADE ORGANIZATION.

The World Trade Organization (WTO) is the only global international organization dealing with the rules of trade between nations. Its mission is to ensure that trade flows as smoothly, predictably, and freely as possible. The Marrakesh Agreement, signed by 123 states on April 15, 1994, ended the eight-year Uruguay Round and established the WTO.

2.0.1 The Role of WTO to Member States.

In summary, the World Trade Organisation performs various roles and functions for its member state as contained in Article 3 of the Agreement Establishing the World Trade Organisation and they are as follows:

a)????To Implement, administer and carry out the WTO Agreement and its annexes,[2]

b)???To act as a forum for ongoing multilateral trade negotiations,[3]

c)????To serve as a tribunal for resolving disputes,[4]

d)???To review the trade policies and practices of member states,[5]

e)????Avenue for providing technical assistance for developing economies, particularly the third world [6] and

f)????Cooperating with other international organizations to promote cooperation in international trade[7] .

2.0.2 Membership in the WTO.

The World Trade Organization (WTO) is owned and led by its members - more than 160 countries or territories with autonomy in their trade policy. All major decisions are made by the membership as a whole, either by ministers or ambassadors, or delegates. Decisions are normally taken by consensus. WTO membership gives access to a level playing field where all play by the same global trade rules. New members join with the same rights and the same obligation to follow these rules. Developing and least-developed countries are accorded special protection (“special and differential treatment”) to help them boost economic growth.[8] Being a WTO member gives you access to other members' markets and trade and protects you and binds you to common norms. Since 1995, numerous developing economies and tiny nations have joined the WTO. The diversity of its members gives the WTO a better understanding of trade issues. Negotiations of global trade rules and policies are done at the WTO by its members. Every member gets a seat and a voice at the negotiation table. Furthermore, WTO membership means more than participation, it entails a balance of rights and obligations and that can be seen in the WTO agreements and how these agreements are structured to bring about this balance in rights and obligations.

2.0.3?????????Objectives and Principles of the WTO.

Reducing trade barriers between nations (member states) is the WTO’s primary purpose. In so doing, the WTO operates on certain objectives and principles about reducing trade barriers among its member states.

1.????Trade with Discrimination: The World Trade Organisation (WTO) should have the same rules for all members, regardless of whether they are rich or poor, weak or strong. The goods and services either imported or produced domestically, have to be treated equally. Foreign goods should be treated in the same way as domestic goods when they enter a country.

2.????Free Trade: Global economic growth is facilitated by free trade. WTO wants to encourage international free trade. Liberalizing trade barriers is the most popular strategy for promoting free trade. Customs fees, tariffs, import restrictions, etc., are a few examples of these barriers.

3.????Predictability and Transparency: All parties must preserve stability and openness while conducting business. Only when a nation pledges to support free trade while also maintaining stability in its trade policies is this achievable. The nations must guarantee they won't raise trade barriers.

4.????Promoting fair competition: The WTO is a body dedicated to fostering fair and open competition among its member nations in addition to encouraging free trade. The WTO developed several agreements to achieve the goals of open competition in various sectors, including services, agriculture, etc.

5.????Encourage Development and Economic Reforms: The WTO strongly emphasizes the economic growth of its member states. The WTO gives developing countries trade concessions and individual assistance. The purpose of this support is to make it easier for developing nations to implement the agreements and integrate them into their?trade policy and?systems.

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3.0 THE WTO AGREEMENTS.

???????????3.0.1 The 1994 General Agreement on Tariffs and Trade (GATT):

Before the 1994 General Agreement on Tariffs and Trade (GATT), there was the 1947 GATT. Both the 1947 and 1994 GATT are made up essentially of the same set of rules. The only difference is the change in terminology (e.g., members replace contracting party, and references to the ‘contracting parties acting jointly’ are taken to mean the WTO or its Ministerial Conference).[9] The 1994 General Agreement on Tariffs and Trade (GATT) is one of the founding agreements of the World Trade Organization (WTO) which was established on 1 January 1995. Before the Uruguay Round, it was the only multilateral trade agreement; and it only covered trade in goods. The Uruguay Round expanded the coverage of the multilateral rules to include services and intellectual property. GATT now stands alongside the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPA) as a WTO agreement.[10]

When we talk about trade and development in relation to developing countries. Article XXXV1(36) of the 1994 GATT talks about Trade and Development but more especially between contracting parties and creating a more special treatment for less-developed countries. Let’s take a closer look at the provision of Article XXXVI section 1 of the 1994 GATT, it provides as follows:

1. The contracting parties,

(a)?recalling that the basic objectives of this Agreement include the raising of standards of living and the progressive development of the economies of all contracting parties, and considering that the attainment of these objectives is particularly urgent for less-developed contracting parties;[11]

Juxtaposing the involvement of developing countries in carrying out the principles and objectives of the WTO with the provision of Article XXXVI of the 1994 GATT and other Articles of the 1994 GATT which will be discussed later on in this essay, you will understand that the main objectives of the 1994 GATT are lean towards the less developed countries such as increasing the standards of living in those regions and also its economic portfolio and policy.

The question by most scholars has been, how can we determine what is a less developed country from other countries across the globe? I think that the WTO can determine that on its own, by looking at the contracting and economic powers of its member states and also parties that are contracting or negotiating should be able to determine who is a less developed country and in so doing they will be able to carry out the objectives and principle of the 1994 GATT.

For us to have a deeper understanding, the 1994 GATT is out for the interest of less or developing countries. Given that, let’s consider section 3 of Articles XXXVI of the 1994 GATT. It states as follows:

There is a need for positive efforts designed to ensure that less-developed contracting parties secure a share in the growth in international trade commensurate with the needs of their economic development.[12]

This section is self-explained and this draws the notion that the reason why most less or developing countries are promoting the objectives of the WTO more than their objectives is because of what they stand to gain from the international community following the special treatment provision that is made available in most of the WTO agreements.

Article I and III of the 1994 GATT deals with the principle of the Most Favoured Nation and National Treatment. These two principles are the most fundamental principle of the 1994 GATT and it states and encourages international trade and negotiations free from discrimination. Without these provisions in the Agreement, I can’t say for sure the faith of developing countries in the WTO. This provision created room for developing countries to be treated in the same well as developed countries These two principles will be discussed in detail in the next chapter of this essay where we will be talking about Trade Obligations and the standards of the WTO agreements.

3.0.2 General Agreement on Trade in Services (GATS):

One of the major accomplishments of the Uruguay Round, the outcomes of which came into effect in January 1995, was the founding of the GATS. The General Agreement on Tariffs and Trade (GATT), which governs trade in goods, was the model for the GATS and shared many of the same goals and objectives. Given the provisions of the GATS and the involvement of developing countries in this agreement, does the GATS affect a member's ability to pursue national objectives and priorities? Under GATS member states not excluding the developing countries, they have the right to pursue their national objectives and priorities and that can be seen in the right of members to regulate and control the supply of services in relation to their objectives. However, the Agreement contains clauses that guarantee that service regulations are handled in a fair, impartial, and reasonable manner[13]

When we look at the GATS and its provisions, particularly Article II, IV, and XIX (section 2). Article II talks about the principle of most-favoured-nation and national treatment and they share the same provision with the 1994 GATT. However, our major concern is with Articles IV and XIX.?Article IV of the GATS requires its members to negotiate specific commitments relating to the strengthening of the developing countries’ domestic services capacity; the improvement of developing countries access to distribution channels and information networks and the liberalization of market access in areas of export interest to their countries.[14] Article XIX (section 2) was able to put into consideration the level of development of individual members and by so doing allow flexibility and liberalization of transactions and progressively extend market access to developing countries.

Needless to say, these provisions particularly the articles mentioned above and more as contained in the GATS have contributed to the massive involvement of developing countries in pursuing the objectives of the WTO against their objectives.

3.0.3 Agreement on Technical Barrier to Trade (TBT).

The objective of the Technical Barriers to Trade (TBT) Agreement is to guarantee that technical rules, standards, and conformity evaluation processes are impartial and do not produce needless barriers to trade and this can be seen in Articles 2 to 10 of the agreement. As a means of facilitating trade and commerce, the TBT Agreement strongly advises countries to build their regulations on international standards. It also tries to establish an environment for trading that is predictable through its transparency provisions[15] . In the international community, the issue over the years has been the standard of trade and goods from the developing countries complying with the international standard. Most developing countries have lost out on international trade due to the barriers that were placed on their goods for not conforming to international standards. However, with the provisions of the TBT, the WTO has been able to look into most of these barriers placed on developing countries’ goods by some developed countries and determine whether they are justifiable or not, and come up with a solution to address the dispute. Articles 11 and 12 of the TBT agreement encourages technical assistance to other members, particularly to developing countries. With the provisions of articles 11 and 12, developing countries have been able to get some technical assistance in relation to technical regulations which conforms with international standards and by so reducing most of the barriers placed on their goods.

When we consider the TBT agreement, we should also understand that trade technical requirements are constantly evolving and changing and that’s normal, we need these changes. However, they mustn’t become unnecessary trade barriers. Also, in considering the international standard, there is a notion that what is a fair and acceptable requirement for one country is considered unfair by another country. A good way to settle and bridge these differences and avoid trade disputes between countries (Developed and Developing countries) is to talk and negotiate on the best way to resolve the difference and encourage transparency, in so doing the discussion and negotiation should be based on specific trade concerns (STP) and this is the best way for them to seek common ground in resolving the dispute.[16]

????3.0.4 Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS).

The TRIPS agreement focuses on intellectual property matters. The TRIPS agreement only made special provisions for the LDCS (least-developed countries) as contained in Article 66 of the TRIPS agreement. Unlike other WTO agreements, we have considered in this essay, which has special provisions for both the LDCS and Developing countries. The TRIPS agreement stands out by providing for only the LDCS. Can we then classify developing countries as least-developed countries, that will be a topic for debate. But lest considered Article 66.2 of the TRIPS agreement. The question by so many scholars in the past and in recent times has been, does Article 66.2 of the TRIPS agreement encourages technology transfer to the LDCS? It is a complex question that necessitates extensive research to determine whether incentives mandated by the TRIPS Agreement have increased technology transfer to members of the World Trade Organization (WTO), particularly the least-developed country (LDC) as provided in the agreement. When we considered the recent happenings in the international space, one will conclude that the TRIPS agreement has not fulfilled its provisions for the least-developed countries.?In today’s Technological advancement, how many least-developed countries can boast of advancement in technology in their economic growth? When we critically examine the provision of Article 66.2 in relation to developed countries providing incentives to the least-develop countries to help them create a strong technology base, we will see that the provision does not state the volume or perhaps the nature of the technology that can be transferred to the LDCS to enable them to build a strong base. When viewed strictly from a legal standpoint, various interpretations of the article are likely to be possible. However, from the standpoint of development, it is essential to determine whether or not LDCs have profited from increasing technology transfer in exchange for their responsibility to safeguard intellectual property (IP).

4.0 THE TRADE OBLIGATIONS AND STANDARDS OF THE WTO AGREEMENTS.

1.0.1?????The Most Favoured Nation (MFN).

As provided in Article 1 of GATT and other WTO agreements such as the TRIPS (Article 4), and GATS (Article 2). Thus, in the context of trade liberalization, the responsibility of State Parties to not extend preferential treatments granted to the imported products from a nation to that of other nations is known as the Most Favoured National Treatment. That is to say, treat everyone the same, and be liberal in your trade dealing with member states.?If a country offers particular benefits to products from another country, it is required that those benefits be offered to other member states as well, also where a government gives preferential treatment to a commodity originating from that country, the same treatment should be offered to other WTO members.[17] This can be seen in Belgium–Family Allowances,[18] which was the first GATT case in relation to the most-favoured national principles. Belgium did not extend its allowances to items imported from other countries, but it did offer allowances for products imported from countries with social security regimes that were comparable to Belgium's own. It was determined that the most favoured nation criteria, which is considered to be the most desirable had been violated.

1.0.2?????National Treatment.

The national treatment rule is the second manifestation of the principle of non-discrimination that appears in GATT. In contrast to the MFN rule, which requires non-discrimination at a country’s border, the national treatment rule requires a country to treat products equally with its domestic products once they are inside its borders.[19] As provided in Article 3 of GATT and also in TRIPS (Article 3) and GATS (Article 17). According to the national treatment provisions of GATT, benefits or favours that are given to domestic goods must also be given to similar or like products from WTO member states. This is a requirement of the national treatment provisions. The crux of the matter is that when domestic products are given a great deal of preference over products derived from other countries, it gives the domestic product a greater advantage than that of the product produced from the other country. Since doing so will impede the circulation of other goods within the nation, this will be interpreted as going against the principles behind the practice of trade liberalization. The Japan-Taxes on alcoholic beverages explain this all. In this case, Canada, the EU, and the United States complained that Japan imposed lower taxes on shochu, a locally produced alcoholic beverage, than it did on imported alcoholic beverages, including vodka, in violation of Article 3, paragraph 2, of GATT 1994.[20] The WTO panel evaluated whether Japan's policy of taxing imported vodka, whiskey brandy, and other alcoholic beverages at a greater rate than Japanese shochu violated GATT Article 3. This provision of GATT stipulates that imported goods receive "national treatment," i.e., no higher internal taxes than comparable domestic items. Vodka and shochu were found to be similar by the panel. Since imported vodka was taxed higher, Japan violated GATT. Another example will be Chile–Alcohol case where Chile taxed imported alcohol without taxing locally produced alcohol. Taxes breached national treatment guidelines.[21]

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5.0 THE EXCEPTIONS TO THE WTO RULES AND CONDITIONS FOR ITS APPLICATIONS TO THE WTO RULES.

As provided in Article 20 of GATT and Article 14 of GATS we will consider some of the exceptions to the WTO rules and agreements we have discussed above.

1.????Public Morals: As provided in Article 20(a) of GATT and Article 14(a) of GATS, we can conclude that a valid reason to diverge from national treatment requirements could be the protection of public morals. Therefore, if a nation believes that the purchase of certain items within its borders violates the public's morals, it has the right to erect barriers to prevent those goods from being brought into the country.

2.????Health: As provided in Article 20(b) of GATT, we can see the intention of the provision and that is to protect humans, animals, and plant life. This simply means that a member of the WTO can go against the rules and provisions of the agreements just to protect this course and its action is deemed fit and proper.

3.????Natural Resources: As provided in Article 20(g & j) of GATT, a state can restrict the flow of its natural resources, to allow them to build its economy and conserve it for future use. However, there are conductions in applying this and ensuring it is not misused and abused by member states.

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Condition For the Application Of The Exceptions To WTO Rules:

In fulfilling the exceptions as we have seen above, member states should understand that there are conditions upon which these exceptions should be carried out and that is, the exception must be necessary ( it must address one of those issues that arisen in Article 20 of GATT, Article 14 of GATS), it must be towards a legitimate policy and objective and must not be used as a witch hunt against any member state or as a tool of trade restriction as seen in the United states-standard for reformulated and conventional gasoline[22] . Lastly, the exceptions must not be applied arbitrarily.[23]

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6.0 CONTEMPORARY ISSUES WITHIN THE WTO.

??????????????6.0.1 Local Contents:

The phrase "local content" refers to a variety of policies that provide an advantage to domestic businesses over their overseas rivals. Even though such localization barriers have been in existence for quite some time, the frequency with which they are being used has been steadily rising.

The Local content requirements (LCRs), are policies imposed by governments and require businesses to use domestically-manufactured goods or domestically-supplied services to function within an economy, are the?use of domestically-manufactured goods or domestically-supplied services order?to function within the economy, is the type of measures that is expanding at the fastest rate among these measures. In recent years, there has been significant growth in the usage of these measures, as governments have been working towards achieving several policy objectives that target employment, industrial, and technical development goals. The government may be able to accomplish some of its short-term goals with the aid of LCRs, but these policies ultimately hurt the country's ability to remain competitive.

LCRs lead to a decrease in the number of goods that are imported and exported on a worldwide scale, which affects not only trade partners but also the economy as a whole. The drop in exports in industries that are not directly targeted by the LCR is an illustration of how countries that impose the restrictions lose their international competitiveness as a result. In addition, as the sectors that profit from the LCR utilize more local resources, other sectors are obliged to either cut output or increase imports, ultimately leading to a concentration of economic activity within the home market. In the long run, this approach diminishes the prospects for development and innovation that come from having a diversified and dynamic economy. Let’s consider some recent examples such as the China-local content provision on cybersecurity measures, in this case, the US, EU, and Japan complained that China's local content restrictions for cybersecurity items limit Chinese enterprises' access to technology and market access for international investors. The members argued this would violate China's WTO national treatment principle, which requires it to treat local and imported products equally.[24]

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???6.0.2 Climate Change Mitigation:

There has to be as much cooperation as possible since climate change is a problem that affects everyone everywhere. Given the urgency of the climate crisis, trade and trade policy may and should be used as part of the policy "toolbox" to advance mutually agreed-upon climate objectives. As the world moves toward a low-carbon economy and a more environmentally conscious and sustainable way of life and that is needless to say, trade will be an integral part of this transformation. When we consider climate change in the WTO in relation to trade among member states, we must have the RTA (Regional Trade Agreement). In trying to mitigate climate change the RTA between member states and one another should be encouraged to have provisions in the agreement that deals with climate change and provide means by which such can be mitigated and make sure parties to the such agreement will keep to the terms of the agreement. ?An example of this, is the North American Free Trade Agreement of 1992 (NAFTA), which was the first regional trade agreement (RTA) to include comprehensive environmental corporations and elements, and this was followed by its successor The United States–Mexico–Canada Agreement (USMCA), which replaced NAFTA and went into effect in 2020, has similar provisions and the extent of this provision is to mitigate climate change in their dealings and trade. This can be seen in Article 24 of the USMCA and I want to draw your attention, particularly to sub 2 of Article 24 of the agreement, which states as follows;

The Parties recognize that a healthy environment is an integral element of sustainable development and recognize the contribution that trade makes to sustainable development.[25]

Another example is Article 16.5 of the EU-Japan RTA which states as follows;

Accordingly, the Parties:

(…)

(c) shall strive to facilitate trade and investment in goods and services of particular relevance to climate change mitigation, such as those related to sustainable renewable energy and energy-efficient goods and services, in a manner consistent with this Agreement;[26]

In all of this, if we find a way to look after nature, nature will find a way to look after us in return.

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7.0 DISPUTE SETTLEMENT MECHANISMS WITHIN THE WTO.

The World Trade Organization's (WTO) Dispute Resolution Understanding (DSU) is now the central pillar of the WTO dispute settlement process. A closer examination of the DSU reveals that it is a rule-based organization, though its regulations are not strictly enforced. The DSU gives the WTO's rules more teeth and has contributed to the stability of the global economy.

In a nutshell, let’s review the dispute settlement procedure as contained in the Dispute Settlement Understanding (DSU). Article 4 of the DSU states that the first step in resolving a trade or agreement dispute is known as consultation. In the first stage, the dissatisfied party makes a formal complaint to the WTO Dispute Settlement Body (DSB), stating the legal basis of the complaint and giving the other party a chance to respond. If an agreement is reached, the dispute ends here, but if not, the dissatisfied party moves to the Panel stage. Panel creation is covered in DSU Article 6. The complaining party requests a panel. Article 8 of the DSU governs the panel stage, which generally has three panelists but can have five if the parties desire it. The panel must review the case before it and give its report on the case in two ways: an interim report that gives the parties an insight into the matter and lets them know if the panel supports their position or view, and a final report that sets out the conclusion of the case and gives their judgement and recommendations. The DSB's Appellate body as contained in Article 17 of the DSU will hear appeals from parties who disagree with the panel's judgement and recommendation and this is the final stage of the dispute settlement procedure in the WTO.

Article 24 of DSU made provision for the least-developed country members. However, developing nation Members seeking dispute settlement advantages confront significant obstacles. For instance, developing nations, especially smaller ones, generally lack enough specialists in WTO law and dispute settlement. Their modest trade volumes and profit margins may not justify financing the non-economic (litigation) expenses of WTO-incompatible trade barrier removal. In addition to this, Developing and least-developed countries members receive special processes and legal aid from the DSU. For example, Faster procedures, extended deadlines, and legal aid are all options for developing nations. In the past decade, developing or least developed countries have participated in the WTO dispute settlement system, which is because most of the WTO members are developing countries. For example, China and India, these two countries are classified as developing countries by the WTO and they have played a major impact in the WTO dispute settlement system.

These considerations lend credence to the argument that the advantages of DSU participation do not come without a price, and that these prices may be out of reach for some WTO members, especially the least developed nations.

8.0 RECOMMENDATIONS.

I will recommend to the World Trade Organization (WTO) that they should allow Fairness and reciprocity rather than national interest to guide their trade policy. Dispute settlement mechanisms of the WTO in recent times are highly politicized. Developed and least-developed member states cannot expect a fair settlement of trade disputes. I recommend to the WTO provide a more equal and fairground for dispute settlement, which can be achieved through dialogue. Lastly, regarding the dispute settlement mechanisms of the WTO, transparency should be the order of the day; that is the only way we can achieve success. Countries should be encouraged to come out clean and open in trade disputes to enable a smooth settlement of the dispute.

I strongly recommend to the WTO in creating special provisions in all of its agreements for the least and developing countries and not only create these provisions but also make sure that these provisions are implemented by developed countries. If this is achieved, it strikes a balance in world trade and improves trading among states.

The World Trade Organization (WTO) should encourage member states in implementing climate change agreements in their deals and also create climate provisions in their bilateral agreements. Heavy sanctions should be placed on anyone that goes out to break any climate change agreement and provisions. There should be a balance because trade and climate need to survive.

9.0 CONCLUSION.

This essay has examined the WTO agreements and concluded that they contain provisions meant to expand trade opportunities among member states. Despite challenges in the implementation of the WTO agreements, it is critical to uphold WTO commitments and apply exceptions so that nations have legal leeway to craft policies that foster development and are in keeping with actual realities.

The WTO prioritizes the least developed nations and considers special rules to aid their development and these provisions and rules have contributed to the massive participation of the least and developing countries in the global trading system.

With the economy changing, it is more important than ever to have a neutral, impartial, adaptable, and transparent forum to settle trade and investment disputes. There needs to be an emphasis on mediation, conciliation, and, most importantly, the empowerment of smaller countries as part of the conflict resolution process.

[1] Trade and development, <https://tinyurl.com/3y6yntez >, accessed December 5, 2022.

[2] Ray August, Don Mayer and Michael Bixby, International Business Law: Text, Cases, and Readings, (5th edn, New Jersey: Pearson Education, Inc., 2009),337.

[3] Ray August, Don Mayer and Michael Bixby (n.5),337.

[4] Ray August, Don Mayer and Michael Bixby (n.5),337

[5] Ray August, Don Mayer and Michael Bixby (n.5),337.

[6] International Trade Regulation (1): The WTO and Trade in Goods, <https://moodle.uel.ac.uk/course/view.php?id=53093 >, accessed December 10, 2022.

[7] International Trade Regulation (1): The WTO and Trade in Goods, (n.9.).

[8] The WTO membership, (n.11).

[9] Ray August, Don Mayer and Michael Bixby, International Business Law: Text, Cases, and Readings, (5th edn, New Jersey: Pearson Education, Inc., 2009),347, para.3.

[10] The WTO Agreement Series, < https://www.wto.org/english/res_e/booksp_e/agrmntseries2_gatt_e.pdf >, accessed 13 December 2022.

[11] The General Agreement on Tariffs and Trade 1994.

[12] (n.24).

[13] The General Agreement on Trade in Services (GATS): objectives, coverage, and disciplines, <https://www.wto.org/english/tratop_e/serv_e/gatsqa_e.htm > accessed 14 December 2022.

[14] The General Agreement on Trade in Services (GATS): objectives, coverage, and disciplines, (n.26), para 13.

[15] Agreement on Technical Barriers to Trade, <https://www.wto.org/english/docs_e/legal_e/17-tbt_e.htm#articleX >, accessed 14 December 2022.

[16] Let’s Talk Product Quality, < https://www.youtube.com/watch?v=8vXgCrfh6y4 >, accessed 14 December 2022.

[17] (n.9),15.

[18] Belgium: Family Allowances, (1952) G/32 - 1S/59.

[19] (n.30),351, para.4.

[20] (n.30),352, para.2

[21] Chile – Taxes on Alcoholic Beverages, WT/DS87/AB/R, WT/DS110/AB/R, (1999).

[22] United states-standard for reformulated and conventional gasoline, WT/DS2/AB/R.

[23] (n.9),22-23.

[24] Trade-Related Investment Measures (TRIMS), <https://www.wto.org/english/news_e/news19_e/trim_06jun19_e.htm >, accessed 22 December 2022.

[25] United States-Mexico-Canada Agreement 2020.

[26] EU-Japan Economic Partnership Agreement 2019.