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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 4: The status of protocols of accession in the legal framework of the WTO

A Legal Analysis

Dylan Geraets

Extract

Chapter 4 analyses the status of protocols of accession in the legal framework of the WTO. It explores theories on the enforceability of commitments that are contained in these protocols. The role of WTO protocols of accession in WTO dispute settlement proceedings is examined in detail through an analysis of the available panel and Appellate Body reports that deal with commitments contained in protocols of accession. Chapter 4 also contains an in-depth analysis of the relationship between the commitments contained in acceded Members’ protocols of accession, including the working party reports, and the provisions contained in the Marrakesh Agreement and the Multilateral Trade Agreements. It explores, inter alia, whether the general exceptions contained in Article XX of the GATT 1994 are available to justify violations of commitments contained in protocols of accession.

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