General Agreement on Tariffs and Trade

 

Vande Matram!

This is an article related to General Agreement on Tariffs and Trade.

It includes Short Questions and answers.

General Agreement on Tariffs and Trade

·         What is GATT?

o   General Agreement Tariffs and Trade.

·         When GATT was signed firstly?

o   October 30, 1947

·         How many countries signed GATT initially?

o   23 countries including India

·         Since when India is member of GATT?

o   8 July 1948

·         Who signed GATT on behalf of India?

o   Mr. S. Ranganathan

·         What is purpose of GATT?

o   GATT is a legal agreement minimizing barriers to international trade by eliminating or reducing quotas, tariffs, and subsidies while preserving significant regulations.

·         What is intention of GATT?

o   The GATT was intended to boost economic recovery after World War II through reconstructing and liberalizing global trade.

·         When did GATT come in to force?

o   January 1, 1948

·         Who is responsible for GATT?

o   The Council for Trade in Goods (Goods Council)

·         Is GATT still in existence?

o   Maybe because in 1995, the General Agreement on Tariffs and Trade (GATT) was absorbed into the World Trade Organization (WTO), which extended it.

·         Which principle is adopted by States in setting tarrifs?

o   The most-favored-nation principle which means all nations are equal.

·         How many rounds GATT had held?

o   GATT had held 8 rounds from April 1947 to December 1993.

·         Where and when did GATT meetings held in the history?

o   First meeting: Geneva, Switzerland in April 1947, 23 countries participated

o   Second meeting: Geneva, Switzerland, April 1949, 13 countries participated

o   Third meeting: Torquay, England, September 1950, 38 countries participated

o   Forth meeting: Geneva, Switzerland, 1956, 26 countries participated

o   Eighth meeting: Uruguay Round, December 1993, negotiated formation of WTO.

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One liner notes on Public International Law: Part 19

 

Vande Matram!

These are some one liner notes on Public International Law. Read them carefully and note them for your knowledge.

One liner notes on Public International Law: Part 19

·        Following criteria needs to be checked for recognising a newly formed government:

o   Sufficient control and power by the government over its population

o   the capacity of the new government to fulfill its international obligations and duties.

·        An international organisation has been defined as a form of co-operation of sovereign states based on multilateral international organisations and consisting of a relatively stable range of participants, the fundamental feature of which is the existence of permanent organs with definite competences and powers acting for the carrying out of common aims.

·        The essential elements which describe International organisation include: Multilateral International agreement, Individual Personality of the Institution and Permanent organs carrying out its Function.

·        An international organisation may come into existence by the formation of a treaty or through an existing organisation granting certain powers for forming an international organisation.

·        Law is the element of the society which helps to develop a framework within which rights and duties can be established.

·        International laws promote peace, justice, common interests and trade.

·        The two principal theories of the relationship between International law and Municipal law are known as Monism and dualism.

·        As per the beliefs of Monism, International law and state’s Municipal law are two components but complementary aspects of one single system.

·        According to dualism, International law and state’s Municipal law are entirely distinct and different legal systems on their own.

·        International law has an intrinsically different character from that of the state law, because in International law a large number of the States’ legal systems are involved, the dualist theory is sometimes known as the pluralistic theory.

 

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One liner notes on Public International Law: Part 18

 

Vande Matram!

These are some one liner notes on Public International Law. Read them carefully and note them for your knowledge.

One liner notes on Public International Law: Part 18

·        Under Declaratory Theory of recognition of state the independence of a new state does not take into account its acceptance by other states.

·        The Declaratory theory has been given in Article 3 of the Montevideo Convention where it recognises the existence of a new state does not depend upon the mind of the other existing states’ consent.

·        Oppenheim proposed consecutive theory wherein it stated that for a state to be considered as an International entity, it is necessary for it to be recognised by other sovereign states so that it can enjoy its rights and duties.

·        The theory does not propose the non-existence of a state rather it places an emphasis on acceptance by other states for a state to enjoy their exclusive rights.

·        Expressed Recognition is done through an official notification or declaration by an existing state recognising the presence of a newly formed state.

·        Express Rdcognition usually recognises a de jure form of recognition unless provided otherwise by the recognising state in the declaration for considering it under any other form.

·        The action of an existing state done impliedly such as speeches, declarations, which indicates acceptance to a new state as an International person is considered as a form of Implied Recognition.

·        In case of a newly formed government, it is necessary to check the constitutionality of the government to ensure a valid recognition of the same.

·        When a new state comes into existence it becomes necessary to check the structure of the new government to ensure international standards are being followed.

 

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One liner notes on Public International Law: Part 17

 

Vande Matram!

These are some one liner notes on Public International Law. Read them carefully and note them for your knowledge.

One liner notes on Public International Law: Part 17

·        Textbooks or writings of scholars are used as a method of discovering what the law is on any particular point rather than as the source of actual rules, because they provide an explanation and understanding of the International principles and provide to fill the grey areas of International Law where treaties or customs do not exist.

·        The declarations of Security Council resolutions, declarations & recommendations adopted by the UN General Assembly, International morality and equity are the other factors that develop the usage of International Law.

·        In the Rann of Kutch Arbitration between India and Pakistan in 1968, the Tribunal agreed that equity formed part of international law and that accordingly, the parties could rely on such principles in the presentation of their cases.

·        States have international legal personality to the fullest extent.

·        States constitute one of the most important international organisations as they form the primary centre for the collection of the social activities of civilization.

·        Recognition of the state is an International Concept wherein a new state or an existing state is given a formal acknowledgement of being a member of the International community.

·        According to Article 1 of the Montevideo Convention on the Rights and Duties of States, 1933 and Oppenheim, the entity of a state can be created if it possesses the following characteristics: Defined Territory, Population, Government and Capacity to enter into a relationship with another state.

·        Recognition of statehood grants certain privileges in the form of rights, duties, and immunities which include the authority to enter into a foreign relation with another state, became a part of a treaty, the right to undergo succession and become a member of the United Nations.

 

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One liner notes on Public International Law: Part 16

 

Vande Matram!

These are some one liner notes on Public International Law. Read them carefully and note them for your knowledge.

One liner notes on Public International Law: Part 16

·        Article 38(1)(d) forms part of the material source of International Law also known as the secondary source.

·        Article 38(1)(d) states that judicial decisions and the teachings of the most highly qualified publicists of the various nations also help in guiding the formation of international law, however they are not binding but merely advisory in nature.

·        The court is authorised to apply previous decisions of the court which are also known as an evidence of international law.

·        Judicial Decision is subject to the exception stated under Article 59 of the statute which states that the previous decision of the court can only guide the court, it is not binding on the court.

·        One of the major examples of this includes the principle of the prohibition against the use or threat of use of force laid down by the court in the case of Nicaragua vs. USA which is now considered as a part of Customary International Law.

·        The judicial decision of the court also encompasses international arbitral awards and the rulings of national courts.

·        Alabama Claims arbitration, which marked the opening of a new era in the peaceful settlement of international disputes, in which increasing use was made of judicial and arbitration methods in resolving conflict.

·        In Island of Palmas case it has been referred that a unanimous or nearly unanimous decision plays an important role in the progressive development of the law.

·        Unanimous or nearly unanimous decision helps in providing a single view for interpretation of the issue at hand which helps in avoiding controversy during the development of International Law.

 

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One liner notes on Public International Law: Part 15

 

Vande Matram!

These are some one liner notes on Public International Law. Read them carefully and note them for your knowledge.

One liner notes on Public International Law: Part 15

·        State practice to give rise to binding rules of customary International Law that practice must be uniform, consistent and general and must be coupled with a belief that the practice is obligatory rather than habitual.

·        Continuous and regular use of particular conduct is considered as a rule of customary law.

·        In the North Sea Continental Shelf cases, the ICJ stated that there is no precise length of time during which the practice of customs must exist.

·        In the Lotus case, opinio Juris was seen as an essential element of customary international law and this was affirmed in North Sea Continental Shelf Cases as well.

·        To assume the status of customary international law the rule in question must be regarded by the state as binding in Law i.e. the states must regard themselves as being under a legal obligation to follow the practice.

·        Ancient Ramayana epic denotes many customs which are followed by modern international law, e.g. State cannot kill or punish ambassadors of other states residing and visiting their nation.

·        Multilateral conventions relate to the treaties which formulate the universal or general application of the law and signed by more than two nations.

·        Bilateral conventions are those which are formed exclusively by two states to deal with a particular matter concerning these states.

·        As per Vienna Convention on the Law of Treaty 1969, “A treaty is an agreement whereby two or more states establish or seek to establish a relationship between them governed by international law.”

·        Treaties act as a direct source of rights and obligations for the states, as they codify the existing customary source of law.

·        Most modern jurists accept general principles of law as common to all national legal systems, insofar as they are applicable to the relations of States.

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One liner notes on Public International Law: Part 14

 

Vande Matram!

These are some one liner notes on Public International Law. Read them carefully and note them for your knowledge.

One liner notes on Public International Law: Part 14

·        According to Hall and Lawrence, International Law is derived from custom and precedents which are a source of law and it is habitually treated like a certain kind of positive law.

·        Sir Frederick Pollock observed that for International Law to be binding upon the members, the only essential conditions are the existence of a political community and the recognition by its members of settled rules binding upon them in that capacity and International Law wholly satisfies these conditions.

·        According to Lawrence, if we take the source of law which has all the authority required to give it binding force, then in respect of International Law there is one source of law and that is the consent of Nations that may be either tacit (custom) or express (treaties).

·        Primary Sources of International Law include Treaties, Customs and principle of Law.

·        Article 38(1)(a-c) of the ICJ statute is widely recognised as the backbone of the formal source of International Law.

·        Article 38 of the Statute of the International Court of Justice in The Hague has been treated as a convenient catalogue of international legal sources.

·        Article 38(1)(a-c) of the ICJ was adopted by the same provision of the statute of the Permanent Court of International Justice which operated under the auspices/support of the League of Nations in 1920.

·        The original and the oldest source of Law is known as Custom.

·        The rules of customary International Law involved a long historical process which gained recognition by the entire community.

·        A rule of customary law is said to have two elements: first, there must be widespread and consistent State practice; and secondly, there has to be “opinio Juris”.

·        Opinio Juris a Latin term which means a legal obligation to believe in the existence of such law.

 

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