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English

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CLAT Class 12

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11.
The World Trade Organisation (WTO) was created in the early 1990s as a component of
the Uruguay Round negotiation. However, it could have been negotiated as part of the
Tokyo Round of the 1970s, since negotiation was an attempt at a ‘constitutional reform’
of the General Agreement on Tariffs and Trade (GATT). Or it could have been put off to
the future, as the US government wanted. What factors led to the creation of the WTO in
the early 1990s? One factor was the pattern of multilateral bargaining that developed late
in the Uruguay Round. Like all complex international agreements, the WTO was a
product of a series of trade-offs between principal actors and groups. For the United
States, which did not want a new organization, the disputed settlement part of the WTO
package achieved its longstanding goal of a more effective and more legal dispute
settlement system. For the Europeans, who by the 1990s had come to view GATT
dispute settlement less in political terms add more as a regime of legal obligations, the
WTO package was acceptable as a means to discipline the resort to unilateral measures
by the United States. Countries like Canada and other middle and smaller trading
partners were attracted by the expansion of a rule-based system and by the symbolic
value of a trade organization, both of which inherently support the weak against the
strong. The developing countries were attracted due to the provisions banning unilateral
measures. Finally, and perhaps most important, many countries at the Uruguay Round
came to put a higher priority on the export gains than on the import losses that the
negotiation would produce, and they came to associate the WTO and a rule-based
system with those gains. This reasoning – replicated in many countries – was contained
in U. S. Ambassador Kantor’s defence of the WTO, and it announced to a recognition
that international trade and its benefits cannot be enjoyed unless trading nations accept
the discipline of a negotiated rule-based environment. A second factor in the creation of
the WTO was pressure from lawyers and the legal process. The dispute settlement
system of the WTO was seen as a victory of legalists but the matter went deeper than
that. The GATT, and the WTO, are contract organizations based on rules, and it is
inevitable that an organization creating a further rule will in turn be influenced by legal
process. Robert Hudee has written of the ‘momentum of legal development’, but what is
this precisely? Legal development can be defined as promotion of the technical legal
values of consistency, clarity (or certainty) and effectiveness; these are values that those
responsible for administering any legal system will seek to maximize. As it played out in
the WTO, consistency meant integrating under one roof the whole lot of separate
agreements signed under GATT auspices; clarity meant removing ambiguities about the
powers of contracting parties to make certain decisions or to undertake waivers; and
effectiveness meant eliminating exceptions arising out of grandfather-rights and
resolving defects in dispute settlement procedures and institutional provisions. Concern
for these values is inherent in any rule-based system of co-operation, since without these
value rules would be meaningless in the first place, therefore, create their own incentive
for fulfilment. The moment of legal development has occurred in other institutions
besides the GATT, most notably in the European Union (EU). Over the past two decades
the European Court of Justice (ECJ) has consistently rendered decisions that have
expanded incrementally the EU’s internal market, in which the doctrine of ‘mutual
recognition’ handed down in Cassis de Dijon case in 1979 was a key turning point. The
court is now widely recognized as a major player in European integration, even though
arguably such a strong role was not originally envisaged in the Treaty of Rome, which
initiated the current European Union. One means the Court used to expand integration
was the ‘teleological method of interpretation’, whereby the actions of member states
were evaluated against ‘the accomplishment of the most elementary goals set forth in the
Preamble to the (Rome) treaty. The teleological method represents an effort to keep
current policies consistent with slated goals, and it is analogous to the effort in GATT to
keep contracting party trade practices consistent with slated rules. In both cases legal
concerns and procedures are an independent force for further co-operation.
In the large part the WTO was an exercise in consolidation. In the context of a trade
negotiation that created a near-revolutionary expansion of international trade rules, the
formation of the WTO was a deeply conservative act needed to ensure that the benefits
of the new rules would not be lost. The WTO was all about institutional structure and
dispute settlement: these are the concerns of conservatives and not revolutionaries, that
is why lawyers and legalists took the lead on these issues. The WTO codified the GATT
institutional practice that had developed by custom over three decades, and it
incorporated a new dispute settlement system that was necessary to keep both old and
new rules from becoming a sham. Both the international structure and the dispute
settlement system were necessary to preserve and enhance the integrity of the
multilateral trade regime that had been built incrementally from the 1940s to the 1990s.

In the statement ‘... it amounted to a recognition that international trade and its
benefits cannot be enjoyed unless trading nations accept the discipline of a negotiated
rule-based environment’, it refers to:

The World Trade Organisation (WTO) was created in the early 1990s as a component ofthe Uruguay Round negotiation. However, it could have been negotiated as part of theTokyo Round of the 1970s, since negotiation was an attempt at a ‘constitutional reform’of the General Agreement on Tariffs and Trade (GATT). Or it could have been put off tothe future, as the US government wanted. What factors led to the creation of the WTO inthe early 1990s? One factor was the pattern of multilateral bargaining that developed latein the Uruguay Round. Like all complex international agreements, the WTO was aproduct of a series of trade-offs between principal actors and groups. For the UnitedStates, which did not want a new organization, the disputed settlement part of the WTOpackage achieved its longstanding goal of a more effective and more legal disputesettlement system. For the Europeans, who by the 1990s had come to view GATTdispute settlement less in political terms add more as a regime of legal obligations, theWTO package was acceptable as a means to discipline the resort to unilateral measuresby the United States. Countries like Canada and other middle and smaller tradingpartners were attracted by the expansion of a rule-based system and by the symbolicvalue of a trade organization, both of which inherently support the weak against thestrong. The developing countries were attracted due to the provisions banning unilateralmeasures. Finally, and perhaps most important, many countries at the Uruguay Roundcame to put a higher priority on the export gains than on the import losses that thenegotiation would produce, and they came to associate the WTO and a rule-basedsystem with those gains. This reasoning – replicated in many countries – was containedin U. S. Ambassador Kantor’s defence of the WTO, and it announced to a recognitionthat international trade and its benefits cannot be enjoyed unless trading nations acceptthe discipline of a negotiated rule-based environment. A second factor in the creation ofthe WTO was pressure from lawyers and the legal process. The dispute settlementsystem of the WTO was seen as a victory of legalists but the matter went deeper thanthat. The GATT, and the WTO, are contract organizations based on rules, and it isinevitable that an organization creating a further rule will in turn be influenced by legalprocess. Robert Hudee has written of the ‘momentum of legal development’, but what isthis precisely? Legal development can be defined as promotion of the technical legalvalues of consistency, clarity (or certainty) and effectiveness; these are values that thoseresponsible for administering any legal system will seek to maximize. As it played out inthe WTO, consistency meant integrating under one roof the whole lot of separateagreements signed under GATT auspices; clarity meant removing ambiguities about thepowers of contracting parties to make certain decisions or to undertake waivers; andeffectiveness meant eliminating exceptions arising out of grandfather-rights andresolving defects in dispute settlement procedures and institutional provisions. Concernfor these values is inherent in any rule-based system of co-operation, since without thesevalue rules would be meaningless in the first place, therefore, create their own incentivefor fulfilment. The moment of legal development has occurred in other institutionsbesides the GATT, most notably in the European Union (EU). Over the past two decadesthe European Court of Justice (ECJ) has consistently rendered decisions that haveexpanded incrementally the EU’s internal market, in which the doctrine of ‘mutualrecognition’ handed down in Cassis de Dijon case in 1979 was a key turning point. Thecourt is now widely recognized as a major player in European integration, even thougharguably such a strong role was not originally envisaged in the Treaty of Rome, whichinitiated the current European Union. One means the Court used to expand integrationwas the ‘teleological method of interpretation’, whereby the actions of member stateswere evaluated against ‘the accomplishment of the most elementary goals set forth in thePreamble to the (Rome) treaty. The teleological method represents an effort to keepcurrent policies consistent with slated goals, and it is analogous to the effort in GATT tokeep contracting party trade practices consistent with slated rules. In both cases legalconcerns and procedures are an independent force for further co-operation.In the large part the WTO was an exercise in consolidation. In the context of a tradenegotiation that created a near-revolutionary expansion of international trade rules, theformation of the WTO was a deeply conservative act needed to ensure that the benefitsof the new rules would not be lost. The WTO was all about institutional structure anddispute settlement: these are the concerns of conservatives and not revolutionaries, thatis why lawyers and legalists took the lead on these issues. The WTO codified the GATTinstitutional practice that had developed by custom over three decades, and itincorporated a new dispute settlement system that was necessary to keep both old andnew rules from becoming a sham. Both the international structure and the disputesettlement system were necessary to preserve and enhance the integrity of themultilateral trade regime that had been built incrementally from the 1940s to the 1990s.
  • The export gains many countries came to associate with a rule-based system.

  • The higher priority on export gains placed by many countries at the Uruguay
    Round

  • The provision of a rule-based system by the WTO.

  • The provision of a rule-based system by the WTO.


A.

The export gains many countries came to associate with a rule-based system.

124 Views

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12.

The World Trade Organisation (WTO) was created in the early 1990s as a component of
the Uruguay Round negotiation. However, it could have been negotiated as part of the
Tokyo Round of the 1970s, since negotiation was an attempt at a ‘constitutional reform’
of the General Agreement on Tariffs and Trade (GATT). Or it could have been put off to
the future, as the US government wanted. What factors led to the creation of the WTO in
the early 1990s? One factor was the pattern of multilateral bargaining that developed late
in the Uruguay Round. Like all complex international agreements, the WTO was a
product of a series of trade-offs between principal actors and groups. For the United
States, which did not want a new organization, the disputed settlement part of the WTO
package achieved its longstanding goal of a more effective and more legal dispute
settlement system. For the Europeans, who by the 1990s had come to view GATT
dispute settlement less in political terms add more as a regime of legal obligations, the
WTO package was acceptable as a means to discipline the resort to unilateral measures
by the United States. Countries like Canada and other middle and smaller trading
partners were attracted by the expansion of a rule-based system and by the symbolic
value of a trade organization, both of which inherently support the weak against the
strong. The developing countries were attracted due to the provisions banning unilateral
measures. Finally, and perhaps most important, many countries at the Uruguay Round
came to put a higher priority on the export gains than on the import losses that the
negotiation would produce, and they came to associate the WTO and a rule-based
system with those gains. This reasoning – replicated in many countries – was contained
in U. S. Ambassador Kantor’s defence of the WTO, and it announced to a recognition
that international trade and its benefits cannot be enjoyed unless trading nations accept
the discipline of a negotiated rule-based environment. A second factor in the creation of
the WTO was pressure from lawyers and the legal process. The dispute settlement
system of the WTO was seen as a victory of legalists but the matter went deeper than
that. The GATT, and the WTO, are contract organizations based on rules, and it is
inevitable that an organization creating a further rule will in turn be influenced by legal
process. Robert Hudee has written of the ‘momentum of legal development’, but what is
this precisely? Legal development can be defined as promotion of the technical legal
values of consistency, clarity (or certainty) and effectiveness; these are values that those
responsible for administering any legal system will seek to maximize. As it played out in
the WTO, consistency meant integrating under one roof the whole lot of separate
agreements signed under GATT auspices; clarity meant removing ambiguities about the
powers of contracting parties to make certain decisions or to undertake waivers; and
effectiveness meant eliminating exceptions arising out of grandfather-rights and
resolving defects in dispute settlement procedures and institutional provisions. Concern
for these values is inherent in any rule-based system of co-operation, since without these
value rules would be meaningless in the first place, therefore, create their own incentive
for fulfilment. The moment of legal development has occurred in other institutions
besides the GATT, most notably in the European Union (EU). Over the past two decades
the European Court of Justice (ECJ) has consistently rendered decisions that have
expanded incrementally the EU’s internal market, in which the doctrine of ‘mutual
recognition’ handed down in Cassis de Dijon case in 1979 was a key turning point. The
court is now widely recognized as a major player in European integration, even though
arguably such a strong role was not originally envisaged in the Treaty of Rome, which
initiated the current European Union. One means the Court used to expand integration
was the ‘teleological method of interpretation’, whereby the actions of member states
were evaluated against ‘the accomplishment of the most elementary goals set forth in the
Preamble to the (Rome) treaty. The teleological method represents an effort to keep
current policies consistent with slated goals, and it is analogous to the effort in GATT to
keep contracting party trade practices consistent with slated rules. In both cases legal
concerns and procedures are an independent force for further co-operation.
In the large part the WTO was an exercise in consolidation. In the context of a trade
negotiation that created a near-revolutionary expansion of international trade rules, the
formation of the WTO was a deeply conservative act needed to ensure that the benefits
of the new rules would not be lost. The WTO was all about institutional structure and
dispute settlement: these are the concerns of conservatives and not revolutionaries, that
is why lawyers and legalists took the lead on these issues. The WTO codified the GATT
institutional practice that had developed by custom over three decades, and it
incorporated a new dispute settlement system that was necessary to keep both old and
new rules from becoming a sham. Both the international structure and the dispute
settlement system were necessary to preserve and enhance the integrity of the
multilateral trade regime that had been built incrementally from the 1940s to the 1990s.

What would be the closest reason why WTO was not formed in 1970s?

  • The US government did not like it.

  • Important players did not find it in their best interest to do so

  • Lawyers did not work for the dispute settlement system

  • Lawyers did not work for the dispute settlement system

45 Views

13.

The World Trade Organisation (WTO) was created in the early 1990s as a component of
the Uruguay Round negotiation. However, it could have been negotiated as part of the
Tokyo Round of the 1970s, since negotiation was an attempt at a ‘constitutional reform’
of the General Agreement on Tariffs and Trade (GATT). Or it could have been put off to
the future, as the US government wanted. What factors led to the creation of the WTO in
the early 1990s? One factor was the pattern of multilateral bargaining that developed late
in the Uruguay Round. Like all complex international agreements, the WTO was a
product of a series of trade-offs between principal actors and groups. For the United
States, which did not want a new organization, the disputed settlement part of the WTO
package achieved its longstanding goal of a more effective and more legal dispute
settlement system. For the Europeans, who by the 1990s had come to view GATT
dispute settlement less in political terms add more as a regime of legal obligations, the
WTO package was acceptable as a means to discipline the resort to unilateral measures
by the United States. Countries like Canada and other middle and smaller trading
partners were attracted by the expansion of a rule-based system and by the symbolic
value of a trade organization, both of which inherently support the weak against the
strong. The developing countries were attracted due to the provisions banning unilateral
measures. Finally, and perhaps most important, many countries at the Uruguay Round
came to put a higher priority on the export gains than on the import losses that the
negotiation would produce, and they came to associate the WTO and a rule-based
system with those gains. This reasoning – replicated in many countries – was contained
in U. S. Ambassador Kantor’s defence of the WTO, and it announced to a recognition
that international trade and its benefits cannot be enjoyed unless trading nations accept
the discipline of a negotiated rule-based environment. A second factor in the creation of
the WTO was pressure from lawyers and the legal process. The dispute settlement
system of the WTO was seen as a victory of legalists but the matter went deeper than
that. The GATT, and the WTO, are contract organizations based on rules, and it is
inevitable that an organization creating a further rule will in turn be influenced by legal
process. Robert Hudee has written of the ‘momentum of legal development’, but what is
this precisely? Legal development can be defined as promotion of the technical legal
values of consistency, clarity (or certainty) and effectiveness; these are values that those
responsible for administering any legal system will seek to maximize. As it played out in
the WTO, consistency meant integrating under one roof the whole lot of separate
agreements signed under GATT auspices; clarity meant removing ambiguities about the
powers of contracting parties to make certain decisions or to undertake waivers; and
effectiveness meant eliminating exceptions arising out of grandfather-rights and
resolving defects in dispute settlement procedures and institutional provisions. Concern
for these values is inherent in any rule-based system of co-operation, since without these
value rules would be meaningless in the first place, therefore, create their own incentive
for fulfilment. The moment of legal development has occurred in other institutions
besides the GATT, most notably in the European Union (EU). Over the past two decades
the European Court of Justice (ECJ) has consistently rendered decisions that have
expanded incrementally the EU’s internal market, in which the doctrine of ‘mutual
recognition’ handed down in Cassis de Dijon case in 1979 was a key turning point. The
court is now widely recognized as a major player in European integration, even though
arguably such a strong role was not originally envisaged in the Treaty of Rome, which
initiated the current European Union. One means the Court used to expand integration
was the ‘teleological method of interpretation’, whereby the actions of member states
were evaluated against ‘the accomplishment of the most elementary goals set forth in the
Preamble to the (Rome) treaty. The teleological method represents an effort to keep
current policies consistent with slated goals, and it is analogous to the effort in GATT to
keep contracting party trade practices consistent with slated rules. In both cases legal
concerns and procedures are an independent force for further co-operation.
In the large part the WTO was an exercise in consolidation. In the context of a trade
negotiation that created a near-revolutionary expansion of international trade rules, the
formation of the WTO was a deeply conservative act needed to ensure that the benefits
of the new rules would not be lost. The WTO was all about institutional structure and
dispute settlement: these are the concerns of conservatives and not revolutionaries, that
is why lawyers and legalists took the lead on these issues. The WTO codified the GATT
institutional practice that had developed by custom over three decades, and it
incorporated a new dispute settlement system that was necessary to keep both old and
new rules from becoming a sham. Both the international structure and the dispute
settlement system were necessary to preserve and enhance the integrity of the
multilateral trade regime that had been built incrementally from the 1940s to the 1990s.

In the method of interpretation of the European Court of Justice:

  • Actions against member states needed to be evaluated against the said community goals.

  • Enunciation of the most elementary community goals needed to be emphasized

  • Current policies need to be consistent with stated goals.

  • Current policies need to be consistent with stated goals.

39 Views

14.

The World Trade Organisation (WTO) was created in the early 1990s as a component of
the Uruguay Round negotiation. However, it could have been negotiated as part of the
Tokyo Round of the 1970s, since negotiation was an attempt at a ‘constitutional reform’
of the General Agreement on Tariffs and Trade (GATT). Or it could have been put off to
the future, as the US government wanted. What factors led to the creation of the WTO in
the early 1990s? One factor was the pattern of multilateral bargaining that developed late
in the Uruguay Round. Like all complex international agreements, the WTO was a
product of a series of trade-offs between principal actors and groups. For the United
States, which did not want a new organization, the disputed settlement part of the WTO
package achieved its longstanding goal of a more effective and more legal dispute
settlement system. For the Europeans, who by the 1990s had come to view GATT
dispute settlement less in political terms add more as a regime of legal obligations, the
WTO package was acceptable as a means to discipline the resort to unilateral measures
by the United States. Countries like Canada and other middle and smaller trading
partners were attracted by the expansion of a rule-based system and by the symbolic
value of a trade organization, both of which inherently support the weak against the
strong. The developing countries were attracted due to the provisions banning unilateral
measures. Finally, and perhaps most important, many countries at the Uruguay Round
came to put a higher priority on the export gains than on the import losses that the
negotiation would produce, and they came to associate the WTO and a rule-based
system with those gains. This reasoning – replicated in many countries – was contained
in U. S. Ambassador Kantor’s defence of the WTO, and it announced to a recognition
that international trade and its benefits cannot be enjoyed unless trading nations accept
the discipline of a negotiated rule-based environment. A second factor in the creation of
the WTO was pressure from lawyers and the legal process. The dispute settlement
system of the WTO was seen as a victory of legalists but the matter went deeper than
that. The GATT, and the WTO, are contract organizations based on rules, and it is
inevitable that an organization creating a further rule will in turn be influenced by legal
process. Robert Hudee has written of the ‘momentum of legal development’, but what is
this precisely? Legal development can be defined as promotion of the technical legal
values of consistency, clarity (or certainty) and effectiveness; these are values that those
responsible for administering any legal system will seek to maximize. As it played out in
the WTO, consistency meant integrating under one roof the whole lot of separate
agreements signed under GATT auspices; clarity meant removing ambiguities about the
powers of contracting parties to make certain decisions or to undertake waivers; and
effectiveness meant eliminating exceptions arising out of grandfather-rights and
resolving defects in dispute settlement procedures and institutional provisions. Concern
for these values is inherent in any rule-based system of co-operation, since without these
value rules would be meaningless in the first place, therefore, create their own incentive
for fulfilment. The moment of legal development has occurred in other institutions
besides the GATT, most notably in the European Union (EU). Over the past two decades
the European Court of Justice (ECJ) has consistently rendered decisions that have
expanded incrementally the EU’s internal market, in which the doctrine of ‘mutual
recognition’ handed down in Cassis de Dijon case in 1979 was a key turning point. The
court is now widely recognized as a major player in European integration, even though
arguably such a strong role was not originally envisaged in the Treaty of Rome, which
initiated the current European Union. One means the Court used to expand integration
was the ‘teleological method of interpretation’, whereby the actions of member states
were evaluated against ‘the accomplishment of the most elementary goals set forth in the
Preamble to the (Rome) treaty. The teleological method represents an effort to keep
current policies consistent with slated goals, and it is analogous to the effort in GATT to
keep contracting party trade practices consistent with slated rules. In both cases legal
concerns and procedures are an independent force for further co-operation.
In the large part the WTO was an exercise in consolidation. In the context of a trade
negotiation that created a near-revolutionary expansion of international trade rules, the
formation of the WTO was a deeply conservative act needed to ensure that the benefits
of the new rules would not be lost. The WTO was all about institutional structure and
dispute settlement: these are the concerns of conservatives and not revolutionaries, that
is why lawyers and legalists took the lead on these issues. The WTO codified the GATT
institutional practice that had developed by custom over three decades, and it
incorporated a new dispute settlement system that was necessary to keep both old and
new rules from becoming a sham. Both the international structure and the dispute
settlement system were necessary to preserve and enhance the integrity of the
multilateral trade regime that had been built incrementally from the 1940s to the 1990s.

According to the passage, WTO promoted the technical legal values partly
through.

  • Integrating under one roof the agreements signed under GATT

  • Rules that create their own incentive for fulfilment

  • Ambiguities about the powers of contracting parties to make certain decisions

  • Ambiguities about the powers of contracting parties to make certain decisions

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15.

The World Trade Organisation (WTO) was created in the early 1990s as a component of
the Uruguay Round negotiation. However, it could have been negotiated as part of the
Tokyo Round of the 1970s, since negotiation was an attempt at a ‘constitutional reform’
of the General Agreement on Tariffs and Trade (GATT). Or it could have been put off to
the future, as the US government wanted. What factors led to the creation of the WTO in
the early 1990s? One factor was the pattern of multilateral bargaining that developed late
in the Uruguay Round. Like all complex international agreements, the WTO was a
product of a series of trade-offs between principal actors and groups. For the United
States, which did not want a new organization, the disputed settlement part of the WTO
package achieved its longstanding goal of a more effective and more legal dispute
settlement system. For the Europeans, who by the 1990s had come to view GATT
dispute settlement less in political terms add more as a regime of legal obligations, the
WTO package was acceptable as a means to discipline the resort to unilateral measures
by the United States. Countries like Canada and other middle and smaller trading
partners were attracted by the expansion of a rule-based system and by the symbolic
value of a trade organization, both of which inherently support the weak against the
strong. The developing countries were attracted due to the provisions banning unilateral
measures. Finally, and perhaps most important, many countries at the Uruguay Round
came to put a higher priority on the export gains than on the import losses that the
negotiation would produce, and they came to associate the WTO and a rule-based
system with those gains. This reasoning – replicated in many countries – was contained
in U. S. Ambassador Kantor’s defence of the WTO, and it announced to a recognition
that international trade and its benefits cannot be enjoyed unless trading nations accept
the discipline of a negotiated rule-based environment. A second factor in the creation of
the WTO was pressure from lawyers and the legal process. The dispute settlement
system of the WTO was seen as a victory of legalists but the matter went deeper than
that. The GATT, and the WTO, are contract organizations based on rules, and it is
inevitable that an organization creating a further rule will in turn be influenced by legal
process. Robert Hudee has written of the ‘momentum of legal development’, but what is
this precisely? Legal development can be defined as promotion of the technical legal
values of consistency, clarity (or certainty) and effectiveness; these are values that those
responsible for administering any legal system will seek to maximize. As it played out in
the WTO, consistency meant integrating under one roof the whole lot of separate
agreements signed under GATT auspices; clarity meant removing ambiguities about the
powers of contracting parties to make certain decisions or to undertake waivers; and
effectiveness meant eliminating exceptions arising out of grandfather-rights and
resolving defects in dispute settlement procedures and institutional provisions. Concern
for these values is inherent in any rule-based system of co-operation, since without these
value rules would be meaningless in the first place, therefore, create their own incentive
for fulfilment. The moment of legal development has occurred in other institutions
besides the GATT, most notably in the European Union (EU). Over the past two decades
the European Court of Justice (ECJ) has consistently rendered decisions that have
expanded incrementally the EU’s internal market, in which the doctrine of ‘mutual
recognition’ handed down in Cassis de Dijon case in 1979 was a key turning point. The
court is now widely recognized as a major player in European integration, even though
arguably such a strong role was not originally envisaged in the Treaty of Rome, which
initiated the current European Union. One means the Court used to expand integration
was the ‘teleological method of interpretation’, whereby the actions of member states
were evaluated against ‘the accomplishment of the most elementary goals set forth in the
Preamble to the (Rome) treaty. The teleological method represents an effort to keep
current policies consistent with slated goals, and it is analogous to the effort in GATT to
keep contracting party trade practices consistent with slated rules. In both cases legal
concerns and procedures are an independent force for further co-operation.
In the large part the WTO was an exercise in consolidation. In the context of a trade
negotiation that created a near-revolutionary expansion of international trade rules, the
formation of the WTO was a deeply conservative act needed to ensure that the benefits
of the new rules would not be lost. The WTO was all about institutional structure and
dispute settlement: these are the concerns of conservatives and not revolutionaries, that
is why lawyers and legalists took the lead on these issues. The WTO codified the GATT
institutional practice that had developed by custom over three decades, and it
incorporated a new dispute settlement system that was necessary to keep both old and
new rules from becoming a sham. Both the international structure and the dispute
settlement system were necessary to preserve and enhance the integrity of the
multilateral trade regime that had been built incrementally from the 1940s to the 1990s.

The most likely reason for the acceptance of the WTO package by nations was
that:

  • It has the means to prevent the US from taking unilateral measures

  • Its rule-based system leads to export gains

  • It settles disputes more legally and more effectively

  • It settles disputes more legally and more effectively

41 Views

16.

Two valence states of uranium, one with a deficit of four electrons and the other
one with a deficit of six occurs in nature and contributes to the diversity of uranium’s
behaviour.

  • the other one a deficit of six, occur in Nature and contribute

  • the other with a deficit of six, occurs in Nature and contributes

  • the other with a deficit of six, occur in Nature and contribute

  • the other with a deficit of six, occur in Nature and contribute

58 Views

17.

Initiative and referendum, is a procedure that allows voters to propose and pass
laws as well as to repeal them

  • allows voters to propose, pass and to repeal laws

  • will allow laws on be proposed, passed, as well as repealed by voters

  • allows voters to propose to pass, and repeal laws

  • allows voters to propose to pass, and repeal laws

45 Views

18.

Plausible though it sounds, the weakness of the hypothesis is that it does not
incorporate all relevant facts.

  • the weakness of the hypothesis which sounds plausible.

  • though the hypothesis sounds plausible, its weakness

  • even though it sounds plausible, the weakness of the hypothesis

  • even though it sounds plausible, the weakness of the hypothesis

42 Views

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19.

Many of them chiselled from solid rock centuries ago the mountainous regions are
dotted with hundreds of monasteries:

  • The mountainous regions are dotted with hundreds of monasteries, many of which are chiselled from solid rock centuries ago.

  • The mountainous regions are dotted with hundreds of monasteries, many of them chiselled from solid rock centuries ago.

  • Hundreds of monasteries, many of them chiselled from solid rock centuries ago, are dotting the mountainous regions

  • Hundreds of monasteries, many of them chiselled from solid rock centuries ago, are dotting the mountainous regions

45 Views

20.

During her lecture, the speaker tried to clarify directional terms, for not everyone
in attendance was knowledgeable that winds are designed by the direction from which
they come.

  • With everyone in attendance not knowing

  • For everyone in attendance did not know.

  • With everyone attending not knowledgeable

  • With everyone attending not knowledgeable

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