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Gats’s Non-violation Complaint: Its Elements and Scope Comparing to Gatt 1994

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Chapter Summary

Unlike the rules of international law governing state responsibility for wrongful acts or omissions, the GATT 1947/WTO Agreements have provided their members with a cause of action for an alleged nullification or impairment of a benefit resulting from the application of a GATT 47/WTO-consistent measure. This so-called non-violation complaint can invoke WTO dispute settlement proceedings, even though there has been no alleged violation of a provision in a GATT 47/WTO agreement. This chapter analyses how the non-violation remedy, as a WTO cause of action, can be applied in the GATS. It begins with an overview of the origins and evolution of the non-violation complaint, its purposes, and problems associated with its application. It then examines the elements of the non-violation complaint, burden of proof, and the available remedies for GATS disputes. The analysis will be based on a comparison study between GATS' non-violation complaints and those of GATT 1994.

Keywords: dispute settlement; GATT; General Agreement on Trade in Services (GATS); international law; non-violation complaint; WTO agreements

10.1163/ej.9789004162440.1-1024.83
/content/books/10.1163/ej.9789004162440.1-1024.83
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