Table

Comparison between the classical and the modern perceptions of GATT

Area Classical Perception Modern Perception
"general spirit" Bilateral reciprocity Domestic policy function
MFN (Art. I) No tricks with third states International freedom to contract
Non- Discrimination (Art. III) No tricks with nationality International "equal protection"
Quantitative restrictions (Art. XI) No tricks at the border International "due process"
Dispute Settlement Mutually satisfactory solution irrespective of whether or not a rule was broken Rule – based law enforcement
Regime of exceptions Trade law is deferent to all kinds of "high politics" motives Legalized, rule based exception regime

©1999 by Weinrichter
formated and tagged by MN, 8.10.1999