Edited by Inge Govaere, Reinhard Quick and Marco Bronckers
Chapter 5: Article IV of the GATT: An Obsolete Provision or Still a Basis for Cultural Policy?
Lothar Ehring* This chapter is dedicated to Jacques Bourgeois in celebration of his 75th birthday. Since I have known Jacques only since 2003, I would like to extend my congratulations also on behalf of my late father, Hubert Ehring, who knew and worked with Jacques approximately half a century ago, and who appreciated him both professionally and personally as much as I do. 5.1 INTRODUCTION Article IV of the General Agreement on Tariffs and Trade (GATT) 1994 of the World Trade Organization (WTO) has a prominent location in the text of the GATT 1994. It follows such fundamental provisions as Article I on most-favoured-nation treatment, Article II on scheduled tariff commitments, and Article III mostly on national treatment. It precedes Article V of the GATT 1994, another fundamental GATT article, not without reason, given that Article IV is connected to national and most-favoured-nation treatment. Despite its prominent location, Article IV of the GATT 1994 is little known; even a very versed trade lawyer may not be able to spontaneously respond to the question of what this provision addresses. There is no GATT or WTO jurisprudence, and there is little literature touching on the content or interpretation of Article IV. This is probably because Article IV, contrary to most other GATT rules located in that article’s neighbourhood, is not a fundamental obligation and does not have a broad scope of application. Rather, already the heading of Article IV, ‘Special Provisions relating to * This chapter expresses the author’s views, and should not...
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