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IV Principal Rule-making

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Chapter Summary

This chapter defines the issue of principal rule-making, with an examination of the normative framework in which primary treaty rules are developed, before discussing the development of primary treaty rules through the treaty-making process and the manner in which they are brought into force. It considers the other aspect of principal rule-making, which are the secondary treaty rules laid down in the WTO Agreement that revise or interpret primary treaty rules through amendment (and related practice), modification following (re-)negotiation of tariff concessions or services' commitments, the accession process, exercise of the waiver power and authoritative interpretation. The chapter forms the concluding section and provides the basis for an analysis of the role of subsidiary rule-making within the overall normative framework of the WTO.

Keywords: amendment law; primary treaty rules; principal rule-making; secondary treaty rules; treaty-making process; WTOAgreement



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