Cookies Policy

This site uses cookies. By continuing to browse the site you are agreeing to our use of cookies.

I accept this policy

Find out more here

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

Brill’s MyBook program is exclusively available on BrillOnline Books and Journals. Students and scholars affiliated with an institution that has purchased a Brill E-Book on the BrillOnline platform automatically have access to the MyBook option for the title(s) acquired by the Library. Brill MyBook is a print-on-demand paperback copy which is sold at a favorably uniform low price.

Access this chapter

+ Tax (if applicable)

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



Can't access your account?
  • Tools

  • Add to Favorites
  • Printable version
  • Email this page
  • Recommend to your library

    You must fill out fields marked with: *

    Librarian details
    Your details
    Why are you recommending this title?
    Select reason:
    The World Trade Organization and Trade in Services — Recommend this title to your library
  • Export citations
  • Key

  • Full access
  • Open Access
  • Partial/No accessInformation