Access to TDM Journal articles (a total of more than 2500 articles for premium account holders) Investment protection generally refers to bilateral investment agreements (ILOs) and regional agreements such as NAFTA. There are no explicit multilateral rules for investment protection. Yet international economic law is generally full of multilateralism. The wto`s world trade legislation contains several multilateral agreements. This article focuses on a small part of WTO investment protection law. The analysis of the WTO-TRIMs agreement and its application in the WTO dispute settlement system will help answer the question of what role the MEMBERS play … T.8A.2 Article 2.1 and the 1994 GATT relationship at the head of the D.T.A. Beckers-Schwarz; “The TRIMs Agreement – A Comment” TDM 3 (2011), www.transnational-dispute-management.com URL: www.transnational-dispute-management.com/article.asp?key=1736 … It appears that the justification outlined above with respect to Articles 2.1 and 2.2 of the TRIPS AGREEMENT and Article III:4 of the 1994 GATT would apply mutatis mutandis to the relationship between Articles XI:1 and XI:2 of the 1994 GATT. However, we do not need to clarify this issue definitively in this case, as we have already found that the application of Article III, paragraph 8, point a) of the 1994 GATT is not excluded if the impugned measure enters the scope of Article 2. 2 and paragraph 1, point a), from the ADPIC illustration list. 4.
During the transition period, a member cannot change the terms of a TRIM that he or she notifies under paragraph 1, in order to increase the degree of inconsistency with Article 2, based on the conditions in force on the date of the WTO agreement. Trims imported less than 180 days before the WTO agreement`s effective date do not benefit from the transitional provisions in paragraph 2. … In this case, the panel found a violation of Article III:4 of the 1994 GATT. It is true that this finding of an infringement is based on an assessment of the measures at issue in the trimmings illustrative list attached to the TRIPS agreement, and in particular in paragraph 1, point a). Although not said as such, paragraph 1, point a), is a case in which an imported product is treated less favourably than a similar domestic product. Thus, it is not clear that a stand-alone finding of a violation of Article III:4 of the 1994 GATT would lead to a finding of a violation of Article III:4, which amounts to an assessment according to the interpretation list of the AGREEMENT ON TRIPS. 2. Each member removes all TRIPS that are notified in accordance with paragraph 1 within two years of the entry into force of the WTO agreement, within five years for a member of a developed country and within seven years for a least developed Member State. We do not think it is convincing for the European Union to rely on the language of the negotiating mandate in Punta del Este. Looking at the TRIPS agreement as a whole, we believe that the “later” provisions contained in it essentially clarify the application of Articles III and XI of the 1994 GATT to a specific set of measures, namely triMs.