期刊:Cambridge University Press eBooks [Cambridge University Press] 日期:2011-04-28卷期号:: 1048-1106
标识
DOI:10.1017/cbo9780511977084.022
摘要
(WT/DS27/AB/R) …Neither the circumstances surrounding the negotiation of the Lomé Waiver, nor the need to interpret it so as to permit it to achieve its objectives, allow us to disregard the clear and plain wording of the Lomé Waiver by extending its scope to include a waiver from the obligations under Article XIII. Moreover, although Articles I and XIII of the GATT 1994 are both non-discrimination provisions, their relationship is not such that a waiver from the obligations under Article I implies a waiver from the obligations under Article XIII. (WT/DS27/AB/R) The Panel's interpretation of the Lomé Waiver as including a waiver from the GATT 1994 obligations relating to the allocation of tariff quotas is difficult to reconcile with the limited GATT practice in the interpretation of waivers, the strict disciplines to which waivers are subjected under the WTO Agreement , the history of the negotiations of this particular waiver and the limited GATT practice relating to granting waivers from the obligations of Article XIII.