8 It is questionable whether Article 30 is applicable to the transition from GATT 1947 to the WTO Agreement. Article 11.4 of the WTO Agreement, which provides that the GATT 1994 is “legally distinct” from the GATT 1947, may have been designed to ensure that the WTO Agreement is not considered a successor to the GATT 1947. On the one hand, “legally separated” seems to indicate the separation of any legal link between GATT 1947 and the WTO Agreement. On the other hand, a successor contract differs legally from the previous contract, not only in textual differences, but also in the fact that it is accepted separately. Therefore, it does not appear that the GATT 1994 definition as “legally distinct” from the GATT 1947 necessarily meant that Article 30 of the Vienna Convention would not apply. 7 For an analysis of all the legal relationships created by the transition, see. Gabrielle Marceau, Transition from GATT to WTO: A Most Pragmatic Operation, 29 J. World Trade 147 (1995), an article of which this author became acquainted shortly before its publication. Article 2 provides substantive rules for the determination of dumping. Dumping is calculated on the basis of a “fair comparison” between the normal value (the price of the imported product in the “normal course of trade” in the country of origin or export) and the export price (the price of the product in the importing country). Article 2 lays down the procedures for calculating the normal value and the export price and the elements of the fair comparison to be made. 27 Decision of the Committee on Anti-Dumping Practices on transitional provisions, adopted on 8 December 1994, Doc.
PC/14–L/7585 (final), written in 11 Int`l Trade Rep. (BNA) 1993 (Dec. 21, 1994); Decision of the Committee on Subsidies and Countervailing Measures on transitional provisions, adopted on 8 December 1994, Doc. PC/15–L/7586 (final), written in 11 Int`l Trade Rep., op. cit. cit., 1993. If you need help researching international trade law, visit the research help page of the Georgetown University Law Library website. Or contact the International and Foreign Law Department of the Law Library by phone (202-662-4195) or by email (firstname.lastname@example.org). Georgetown Law Center students can schedule an individual research consultation with a librarian. The growth of international trade has resulted in a complex and ever-growing primary law, including international treaties and agreements, domestic legislation and jurisprudence for the settlement of trade disputes. This research guide focuses on the multilateral trading system managed by the World Trade Organization.
It also contains information on regional and bilateral trade agreements, particularly those to which the United States is a party. Each Member shall take all necessary measures, whether general or specific, to ensure, no later than the date of entry into force of the WTO Agreement, that its laws, regulations, administrative and administrative procedures and administrative procedures comply with the provisions of this Agreement as they apply to the Member concerned. Article 17 states that the Dispute Settlement Agreement is applicable to disputes under the AD Agreement. However, Article 17(6) provides for a specific level of control to be applied by the bodies when examining disputes in anti-dumping cases, both in terms of facts and questions of interpretation of the agreement. This Standard gives some respect to the factual decisions and legal interpretations of national authorities and is intended to prevent dispute resolution bodies from taking decisions solely on the basis of their own opinions. A ministerial decision that is not part of the Convention on Environmental Management stipulates that its implementation must be reviewed after three years with a view to assessing whether it is of general application. If you have questions about U.S. customs law and tariffs, see the Law Library`s (United States) Customs Law Research Guide.