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Chapter Summary

Art. 63 as well as Art. X GATT 1994, Art. III GATS and numerous other provisions contained in Annex 1A WTO oblige WTO Members to provide for transparency. The intention behind the transparency obligation, which is fundamental to the world trade order, is firstly, to inform economic actors so that they can take maximum advantage of the opportunities created by WTO rules and commitments, and secondly, to facilitate monitoring of compliance with the obligations under the WTO and, through this means, the avoidance of disputes between Members. Art. 63 lays down three different transparency obligations: the obligations to publish, to notify and to inform. None of these transparency obligations applies if the information in question is confidential, i.e. if its publication, notification or another form of disclosure would be detrimental to higher-ranking interests of the Members.

Keywords: disputes; economic actors; notify; obligations to publish; transparency; world trade order (WTO)



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