GATT Art XIV: Exceptions to the Rule of Non-Discrimination
MAX PLANCK COMMENTARIES ON WORLD TRADE LAW, Vol. 5, Rüdiger Wolfrum, Peter-Tobias Stoll, eds., Koninklijke Brill NV, 2009
9 Pages Posted: 17 Nov 2009 Last revised: 30 Jul 2010
Date Written: July 29, 2010
This is a commentary on GATT Article XIV: Exceptions to the Rule of Non-Discrimination. Article XIV is a complement to Article XII (Restrictions to Safeguard the Balance of Payments) and Sec. B of Article XVIII (Governmental Assistance to Economic Development) GATT, both of which allow trade restrictions to be used for balance of payments reasons. Under each of these articles, any quantitative restrictions imposed must be implemented on a non-discriminatory basis (Art. XIII). Article XIV:1, 2 and 3 provide narrow exceptions to the non-discrimination rule in Article XIII. Article XIV:4 and 5 provide that Members shall not be precluded by Articles XI to XV inclusive or by Sec. B of Article XVIII from applying certain kinds of measures. The purpose of the article is to give the reader a comprehensive and concise insight into the meaning of GATT Article XIV.
Keywords: GATT Article XIV, Exceptions to the Rule of Non-discrimination, Trade Restrictions for Balance of Payments (BOP) Reasons, The WTO and the IMF
JEL Classification: F13, F33
Suggested Citation: Suggested Citation