The Allocation of Agricultural Tariff Rate Quotas among Supplying Countries under the General Agreement on Tariffs and Trade

14 Pages Posted: 2 Jun 2013

See all articles by Bernard O'Connor

Bernard O'Connor

NCTM - Studio Legale Associato

Sebastien Gubel

NCTM - Studio Legale Associato

Elena Bertolotto

NCTM - Studio Legale Associato

Date Written: May 30, 2013

Abstract

This paper examines the allocation of Tariff Rate Quotas (TRQs) among supplying countries under Article XIII of the General Agreement on Tariffs and Trade (GATT). Showing through an analysis of the jurisprudence that Article XIII operates as a non-discrimination provision, it is argued that a textual reading of the objects of Article XIII:2 GATT must then be read in the light of the overall objective of non-discrimination between all contracting parties that is set out in Article XIII. An analysis of paragraph 2 which results in a static interpretation would mean that Members could discriminate by fixing allocations and leaving them untouched for many years. The effect of a static interpretation would be to fossilise trade patterns and not to allow for the dynamic effects of changes in comparative advantage that a tariff based market protection system, and Article I GATT, is designed to achieve. It concludes that a proper interpretation of Article XIII requires WTO Members of the World Trade Organisation (WTO) to regularly re-examine the allocations of TRQs among supplying countries so as to comply with the ‘chapeau’ of Article XIII:2 GATT.

Keywords: Agricultural Tariff Rate Quotas, General Agreement on Tariffs and Trade

Suggested Citation

O'Connor, Bernard and Gubel, Sebastien and Bertolotto, Elena, The Allocation of Agricultural Tariff Rate Quotas among Supplying Countries under the General Agreement on Tariffs and Trade (May 30, 2013). UCD Working Papers in Law, Criminology & Socio-Legal Studies Research Paper No. 05/2013. Available at SSRN: https://ssrn.com/abstract=2272026 or http://dx.doi.org/10.2139/ssrn.2272026

Bernard O'Connor (Contact Author)

NCTM - Studio Legale Associato ( email )

Milan
Italy

Sebastien Gubel

NCTM - Studio Legale Associato ( email )

Milan
Italy

Elena Bertolotto

NCTM - Studio Legale Associato ( email )

Milan
Italy

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