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Accession to the World Trade Organization

A Legal Analysis

Dylan Geraets

This detailed and perceptive book examines the extent and scope of how rules for accession to the WTO may vary between countries, approaching the concerns that some countries enter with a better deal than others. Dylan Geraets critiques these additional ‘rules’ and aims to answer the question of whether new Members of the WTO are under stricter rules than the original Members, whilst analysing the accession process to the multilateral trading system.
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Chapter 3: The scope of the multilateral trading system

A Legal Analysis

Dylan Geraets

Extract

Chapter 3 examines the institutional characteristics of the WTO and the scope of the WTO Agreement. In the 1980s the Contracting Parties to the GATT 1947 realized that the rules contained in that agreement were no longer sufficient to adequately address the changing nature of international commerce. The enlarged scope of the WTO means that applicant states now also have to negotiate rules commitments that determine the way in which domestic legislation has to be amended in order to conform to the ‘baseline obligations’ laid down by the WTO Agreement. WTO Members that have acceded to the WTO have, in some instances, made commitments in their protocols of accession that exceed (or are more stringent than) these ‘baseline obligations’ as laid down in the WTO Agreement. Chapter 3 examines the WTO Agreement in order to determine the scope of these baseline obligations.

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