Working of the WTO Principles

qPrinciple of disguised restriction on international Trade:

  For ex: Thailand restriction of imported cigarette, under the 1966 Tobacco Act

qAgreement on Sanitary and Phyto Sanitary Measures:

This deals with movement of goods across national frontiers especially food safety, Human, animals and plant life or health regulations from spread of pests, diseases, risk from chemical fertilizers, pesticides in food, beverages or animal feed [For ex: India Butter]

•Art. 2 recognizes the sovereign right of each country to set its own food safety standards.

•Standards must be scientifically measured.

TRIPS

•Art. 27 excludes from patentability inventions necessary to protect public order, morality, prejudicial to environment [Art. 27(2) excludes from patent plant, human and animal life or health]

•Ex: patentability of life forms ? Is it sustainable ?

Agreement on Agriculture

•Market Access

–Non tariff barriers such as quotas, minimum support price to go

•Domestic support

•Export subsidies

–Banana case: EU allotted 7% of its market to African Colonies under Lome treaty, it was challenged by US and the preferential treatment was found to be discriminatory by the WTO

Cases at the WTO Dispute Settlement Body or Appellate Body