Book contents
- Frontmatter
- Contents (outline)
- Contents
- Foreword to the 1995–2013 edition
- List of Abbreviations for Parts I and II
- Part I Appellate Body Reports
- A
- B
- C
- D
- E
- F
- G
- H
- I
- J
- L
- M
- N
- O
- P
- Q
- R
- S
- T
- V
- W
- PART II Arbitration Awards under Article 21.3(c) of the DSU
- Annexes
- Abbreviations used in the Table of References to the Covered Agreements and Other Instruments and in the Indexes
- Table of References to the Covered Agreements and Other Instruments by Article
- Subject Index
- Subject Index by Case (Appellate Body Reports)
- Subject Index by Case (Arbitration Awards under Article 21.3(c) of the DSU)
B
from Part I - Appellate Body Reports
Published online by Cambridge University Press: 05 March 2015
- Frontmatter
- Contents (outline)
- Contents
- Foreword to the 1995–2013 edition
- List of Abbreviations for Parts I and II
- Part I Appellate Body Reports
- A
- B
- C
- D
- E
- F
- G
- H
- I
- J
- L
- M
- N
- O
- P
- Q
- R
- S
- T
- V
- W
- PART II Arbitration Awards under Article 21.3(c) of the DSU
- Annexes
- Abbreviations used in the Table of References to the Covered Agreements and Other Instruments and in the Indexes
- Table of References to the Covered Agreements and Other Instruments by Article
- Subject Index
- Subject Index by Case (Appellate Body Reports)
- Subject Index by Case (Arbitration Awards under Article 21.3(c) of the DSU)
Summary
Balance-of-Payments Restrictions. See also Jurisdiction, General (J.2.1)
B.1.1 Article XVIII:11 of the GATT 1994, Ad Note
B.1.1.1 India – Quantitative Restrictions, para. 114
(WT/DS90/AB/R)
We agree with the Panel that the Ad Note, and, in particular, the words “would thereupon produce”, require a causal link of a certain directness between the removal of the balance-of-payments restrictions and the recurrence of one of the three conditions referred to in Article XVIII:9. …
B.1.1.2 India–Quantitative Restrictions, para. 115
(WT/DS90/AB/R)
We also agree with the Panel that the Ad Note and, in particular, the word “thereupon”, expresses a notion of temporal sequence between the removal of the balance-of-payments restrictions and the recurrence of one of the conditions of Article XVIII:9. …
B.1.2 Article XVIII:11 of the GATT 1994, Proviso
B.1.2.1 India–Quantitative Restrictions, paras. 126, 128
(WT/DS90/AB/R)
… we are of the opinion that the use of macroeconomic policy instruments is not related to any particular development policy, but is resorted to by all Members regardless of the type of development policy they pursue. …
…
We believe structural measures are different from macroeconomic instruments with respect to their relationship to development policy. If India were asked to implement agricultural reform or to scale back reservations on certain products for small-scale units as indispensable policy changes in order to overcome its balance-of-payments difficulties, such a requirement would probably have involved a change in India's development policy.
Benefit. See SCM Agreement, Article 1.1(b) – Conferral of a benefit on a recipient (S.2.9); SCM Agreement Article 14 (S.2.22–24)
Bilateral Agreements
B.2.1 EC – Poultry, para. 79
(WT/DS69/AB/R)
In our view, it is not necessary to have recourse to either Article 59.1 or Article 30.3 of the Vienna Convention, because the text of the WTO Agreement and the legal arrangements governing the transition from the GATT 1947 to the WTO resolve the issue of the relationship between Schedule LXXX and the Oilseeds Agreement in this case.
- Type
- Chapter
- Information
- WTO Appellate Body Repertory of Reports and Awards1995–2013, pp. 318 - 367Publisher: Cambridge University PressPrint publication year: 2014