Hostname: page-component-745bb68f8f-lrblm Total loading time: 0 Render date: 2025-02-06T22:30:37.614Z Has data issue: false hasContentIssue false

The WTO Bananas Decision: Cutting Through the Thicket

Published online by Cambridge University Press:  02 March 2004

Rights & Permissions [Opens in a new window]

Abstract

Core share and HTML view are not available for this content. However, as you have access to this content, a full PDF is available via the ‘Save PDF’ action button.

The Bananas decision demonstrated that WTO dispute settlement panels and the Appellate Body are capable of effectively and clearly analyzing whether extremely complex measures are consistent with WTO rules. The trade-liberalizing decision established the General Agreement on Trade in Services (GATS) as a meaningful constraint on discriminatory measures with an impact on both goods and services and clarified the nature of the GATS Most-Favoured Nation (MFN) obligation. The decision also severely constrained the ability of the EU to justify non-tariff discriminatory measures such as the quota allocation system at issue in Bananas based on the Lomé waiver.

Type
ARTICLES
Copyright
© 1998 Kluwer Law International