Page 125 7— ITO, the GATT 1960 Decision and the United Nations Independently of the OECD, plurilateral attempts to deal with international competition problems have been developed in three international organizations: GATT, the United Nations Economic and Social Council (ECOSOC) and the United Nations Conference on Trade and Development (UNCTAD). ITO and the GATT 1960 Decision The GATT Decision has a curious history. The GATT came into existence because of the failure of the International Trade Organization to be ratified by some of the participants in the negotiations in Havana in 1946 and 1947, chiefly the US. The GATT was based on the Chapter on Commercial Policy of the Havana Charter, and throughout its life it only applied provisionally. The ITO Charter contained another chapter: Chapter V on Restrictive Business Practices. If it had been ratified, the Charter would have regulated international trade and restrictive business practices under one agreement and administered the regulation through one organization, which would have changed the evolution of laws relating to international trade and competition. Despite its nonratification, these provisions of the ITO have influenced the approach of the GATT (and other international organizations) to issues relating to international trade and competition. Chapter V contained nine articles setting out the obligations of member governments to address restrictive business practices. The purpose of these provisions was defined as: to prevent, on the part of private or commercial public enterprises business practices affecting international trade which restrain competition, limit access to markets, or foster monopolistic...
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