European communities - conditions for the granting of tariff preferences to developing countries (WT/DS246/AB/R)

Gene M. Grossman, Alan O. Sykes

Research output: Chapter in Book/Report/Conference proceedingChapter

3 Scopus citations


Introduction The WTO case brought by India in 2002 to challenge aspects of the European Communities’ Generalized System of Preferences (GSP) brings fresh scrutiny to a policy area that has received little attention in recent years - trade preferences for developing countries. The idea for such preferences emerged from the first United Nations Conference on Trade and Development (UNCTAD) in 1964. The ensuing negotiations led to Resolution 21(ii) at the second session of UNCTAD in 1968, acknowledging “unanimous agreement” in favor of the establishment of preferential arrangements. Tariff discrimination violates the most-favored nation (MFN) obligation of General Agreement on Tariffs and Trade (GATT) Art. I, however, and thus the legal authority for preferential tariff schemes had to await a GATT waiver of this obligation, which came in 1971. The waiver was to expire after 10 years, but the authority for preferences was extended by the GATT Contracting Parties Decision of November 28, 1979 on Differential and More Favorable Treatment, Reciprocity and Fuller Participation of Developing Countries, popularly known as the “Enabling Clause,” and now incorporated into the law of the WTO along with the GATT itself. While trade discrimination favoring developing countries is the essence of any GSP scheme, India’s WTO complaint raised the question of what type of discrimination is permissible - must all developing countries be treated alike, or can preference-granting nations discriminate among them based on various sorts of criteria?.

Original languageEnglish (US)
Title of host publicationThe WTO Case Law of 2003
PublisherCambridge University Press
Number of pages34
ISBN (Electronic)9780511754463
ISBN (Print)9780521834230
StatePublished - Jan 1 2006

All Science Journal Classification (ASJC) codes

  • General Social Sciences


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