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The WTO and the rights of the individual

https://doi.org/10.1007/bf02973775
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7/7 checkable references clean · checked 2026-08-11

Every reference with a DOI in the deposited reference list resolved to a known work in Crossref or DataCite at the dated check, and none carried a retraction, withdrawal, or removal notice.

75 without a DOI — not checked. A reference deposited without a DOI is never matched by title or guessed at; it stays outside the checked set, and this line discloses that.

The 7 checked references that resolve
resolves10.1093/jiel/3.1.19
The WTO constitution and human rights
resolves10.1093/jiel/2.2.295
WTO dispute settlement practice relating to the GATS
resolves10.1017/S0020589300062539
Towards a Multilateral Agreement on Transparency in Government Procurement
resolves10.1093/yiel/8.1.51
The Notion of Public Participation in International Environmental Law
resolves10.1162/002081800551299
Legalized Dispute Resolution: Interstate and Transnational
resolves10.2307/1123519
Democratic Legitimacy and the Administrative Character of Supranationalism: The Example of the European Community
resolves10.54648/311764
From ``Negative'' to ``Positive'' Integration in the WTO: Time for `Mainstreaming Human Rights' into WTO Law?
The 75 references without a DOI — listed, not checked
no DOI — not checkedMarrakesh Agreement Establishing the World Trade Organization [hereinafter Marrakesh Agreement], in: World Trade Organization, The Legal Texts. The Results of the Uruguay Round of Multilateral Trade Negotiations. All WTO agreements discussed here are reprinted in this volume.
no DOI — not checkedMarrakesh Agreement, ibid., Establishing the World Trade Organization [hereinafter Marrakesh Agreement], in: World Trade Organization, The Legal Texts. The Results of the Uruguay Round of Multilateral Trade Negotiations. All WTO agreements discussed here are reprinted in this volume. Preamble.
no DOI — not checkedConvention Concerning the Employment of Women Before and After Childbirth, No. 3, 1919, Article 3(b).
no DOI — not checkedConvention Concerning Sickness Insurance for Workers in Industry and Commerce and Domestic Servants, No. 24, 1927, Article 9.
no DOI — not checkedConvention Concerning Compulsory Old-Age Insurance for Persons Employed in Industrial or Commercial Undertakings, in the Liberal Professions, and for Outworkers and Domestic Servants, No. 35, 1933, Article 11. (This Convention has been shelved by the ILO.)
no DOI — not checkedWTO Agreement on Trade-Related Aspects of Intellectual Property Rights [hereinafter TRIPS], Articles 1.3, 2.1, 9.1, 9.2, 10.2, 11, 14.2, 16.1, 25.1, 27.1, 35. TRIPS also requires governments to treat foreigners no less favorably than nationals. Ibid. TRIPS, Article 3.1.
no DOI — not checkedDeveloping countries are given extra time to meet these requirements. TRIPS Articles 65.4, 66.1.
no DOI — not checkedTRIPS Article 33.
no DOI — not checkedTRIPS Article 7 (Objectives).
no DOI — not checkedGeneral Agreement on Tariffs and Trade [hereinafter GATT], Articles I, III.
no DOI — not checkedGeneral Agreement on Trade in Services [hereinafter GATS], Article Il: 1. Service suppliers can be natural persons. GATS Articles 1:2(d), XXVIII(k).
no DOI — not checkedGATS Article XVII:1.
no DOI — not checkedEuropean Communities—Regime for the Importation, Sale and Distribution of Bananas—Recourse to Arbitration by the European Communities Under Article 22.6 of the DSU, Report of the Arbitrators [hereinafter Ecuador Arbitration], 24 March 2000, WT/DS27/ARB/ECU, paragraphs 141, 144, 173(d). So far Ecuador has not exercised this retaliation authority.
no DOI — not checkedGATT Article X:3(b).
no DOI — not checkedGATT Article X:1. In theJapan Film case, the WTO panel held that this provision applied both to rulings of general application and rulings in individual cases. Japan—Measures Affecting Consumer Photographic Film and Paper, Report of the Panel, 31 March 1998. WT/DS44/R, paragraph 10.388.
no DOI — not checkedSeveral of these provisions were also in the Tokyo Round Antidumping Code. See Agreement on Implementation of Article VI of the General Agreement on Tariffs and Trade, 30 June 1967, GATT, Basic Instruments and Selected Documents, Supplement Vol. 15, p. 24.
no DOI — not checkedWTO Agreement on Implementation of Article VI of the General Agreement on Tariffs and Trade 1994 [hereinafter Antidumping Agreement]
no DOI — not checkedAntidumping Agreement, Articles 6.1, 12.1, 12.2 (Notice); 6.2, 6.9 (Defense), 8.3 (Undertakings), 13 (Judicial Review), 11.2 (Sunset Review).
no DOI — not checkedAntidumping Agreement, Article 6.11 In addition, the government must provide opportunities for industrial users of the product under investigation, and for representative consumer organizations, to provide information relevant to the investigation. Ibid., Article 6.12.
no DOI — not checkedWTO Agreement on Subsidies and Countervailing Measures [hereinafter SCM], Articles 10–23.
no DOI — not checkedSCM Article 12.2.
no DOI — not checkedSCM Article 19.2.
no DOI — not checkedSCM Article 23.
no DOI — not checkedSCM Articles 11.1, 32.5.
no DOI — not checkedSCM Article 19.2.
no DOI — not checkedTRIPS Article 63.1.
no DOI — not checkedIn theIndia Patent Protection case, the panel had held that “There must be a guarantee that the public—including interested nationals of other WTO Members—is adequately informed” about patent administration practices. India—Patent Protection for Pharmaceutical and Agricultural Chemical Products, Report of the Panel, 5 September 1997, WT/DS50//4 para. 7.42.
no DOI — not checkedTRIPS Articles 22.2, 23.1, 26.1, 28.1, 31(i), 39.2, 41, 42, 46.
no DOI — not checkedTRIPS Article 51.
no DOI — not checkedTRIPS Articles 41.1, 67. Laurence R. Helfer: Adjudicating Copyright Claims Under the TRIPS Agreement: The Case for a European Human Rights Analogy, in: Harvard International Law Journal, Vol. 39, No. 2, 1998, pp. 357, 398.
no DOI — not checkedGATS Article VI:2(a).
no DOI — not checkedGATS Article VI:3.
no DOI — not checkedEuropean Communities, Schedule, WTO Doc. GATS/SC/31/Suppl.3.
no DOI — not checkedGATS Article VII:5.
no DOI — not checkedWTO Agreement on Safeguards, Article 3.1.
no DOI — not checkedWTO Agreement on Implementation of Article VII of the General Agreement on Tariffs and Trade 1994, Articles 11.1, 11.2. Note that in 1947, GATT Article VII:5 provided that the methods for determining value should be “given sufficient publicity to enable traders to estimate, with a reasonable degree of certainty, the value for customs purposes”. This is a transparency provision.
no DOI — not checkedWTO Agreement on Rules of Origin, Articles 2(h), 3(f). This assessment is to be provided as soon as possible but no later than 150 days. Moreover, it must be reviewable by an independent tribunal.
no DOI — not checkedWTO Agreement on the Application of Sanitary and Phytosanitary Measures [hereinafter SPS], Article 7, Annex B, paragraph 2. An exception exists for urgent circumstances.
no DOI — not checkedWTO Agreement on Technical Barriers to Trade [hereinafter TBT]. Articles 2.9.1, 2.10, 2.12.
no DOI — not checkedThe Code of Good Practice for the Preparation, Adoption and Application of Standards is Annex 3 of the TBT Agreement. TBT Article 4 makes the Code binding on central government standardizing bodies. In the TBT lexicon, “regulations” are mandatory, while “standards” are not mandatory. TBT Annex 1.
no DOI — not checkedTBT Code of Good Practice, paragraph L.
no DOI — not checkedIbid. TBT Code of Good Practice, paragraph N.
no DOI — not checkedWTO Agreement on Preshipment Inspection [hereinafter PSI Agreement], Article 2.21.
no DOI — not checkedPSI Agreement, Article 4.
no DOI — not checkedOperation of the Independent Entity Established under Article 4 of the Agreement on Preshipment Inspection, WTO Press Release, 9 February 1996.
no DOI — not checkedPSI Agreement, Article 4(h).
no DOI — not checkedPSI Agreement, Article 4(f).
no DOI — not checkedSections 301–310 of the Trade Act of 1974, Report of the Panel, 22 December 1999, WT/DS152/R, paragraph 8.1 [hereinafter Section 301 Panel Report]. Section 301 authorizes the US Trade Representative to investigate foreign trade practices that burden US commerce and to retaliate against foreign countries.
no DOI — not checkedSection 301 Panel Report, paragraphs 7.96, 7.109, 7.125, 7.136. The members of the panel were David Hawes, Terje Johannessen, and Joseph Weiler.
no DOI — not checkedIbid. Sections 301–310 of the Trade Act of 1974, Report of the Panel, 22 December 1999, WT/DS152/R, paragraph 7.72.
no DOI — not checkedIbid. Sections 301–310 of the Trade Act of 1974, Report of the Panel, 22 December 1999, WT/DS152/R, paragraph 7.73.
no DOI — not checkedIbid. Sections 301–310 of the Trade Act of 1974, Report of the Panel, 22 December 1999, WT/DS152/R, paragraph 7.76.
no DOI — not checkedIbid. Sections 301–310 of the Trade Act of 1974, Report of the Panel, 22 December 1999, WT/DS152/R, paragraph 7.90, 7.94, 7.167.
no DOI — not checkedIbid. Sections 301–310 of the Trade Act of 1974, Report of the Panel, 22 December 1999, WT/DS152/R, paragraph 7.91, 7.93, 7.94.
no DOI — not checkedVictoria Curzon Price: New Institutional Developments in GATT, in: Minnesota Journal of Global Trade, Vol. 1, No. 1, 1992, pp. 87, 109–110.
no DOI — not checkedUnited States—Standards for Reformulated and Conventional Gasoline, Report of the Appellate Body, 29 April 1996, WT/DS2/AB/R, p. 28.
no DOI — not checkedIndia—Patent Protection for Pharmaceutical and Agricultural Chemical Products, Report of the Appellate Body, 19 December 1997, WT/DS50/AB/R, para. 48.
no DOI — not checkedWTO Understanding on Rules and Procedures Governing the Settlement of Disputes [hereinafter DSU], Article 22.
no DOI — not checkedEcuador Arbitration, paragraph 152.
no DOI — not checkedSCM Articles 12.1, 12.1.13, 22.1, 22.2. (Notice of Investigation); 12.1, 12.10 (Evidence); 12.3 (Docket); 12.8 (Defend Interest); 19.2 (Representation); 22.3 (Notice of Determinations); 23 (Judicial Review).
no DOI — not checkedSCM Article 21.4.
no DOI — not checkedJames Cameron and Karen Campbell: Challenging the Boundaries of the DSU Through Trade and Environment Disputes, in: J. Cameron and K. Campbell (eds.), Dispute Resolution in the World Trade Organisation, London 1998, pp. 204, 227. For a good analysis of notice-and-comment from a comparativist perspective, see Francesca Bignami: The Democratic Deficit in European Community Rulemaking: A Call for Notice and Comment in Comitology, in: Harvard International Law Journal, Vol. 40, No. 2, 1999, pp. 451–515.
no DOI — not checkedAs Friedl Weiss has noted, the Charter for the International Trade Organization (1948) called on governments to provide suitable facilities for traders directly affected by trade laws, regulations, and rulings “to consult” with government authorities. This provision was in Article 38.3(a). The Charter never went into force. Friedl Weiss: From Havana to Marrakesh: Treaty Making for Trade, in: J. Klabbers and R. Lefeber (eds.): Essays on the Law of Treaties, The Hague 1998, pp. 155, 163.
no DOI — not checkedSwitzerland, Draft Proposal on GATT Obligations with Respect to Rules and Procedural Rights in Domestic Law, MTN.GNG/NG14/W/43, 9 July 1990. This proposal was not adopted.
no DOI — not checkedConvention on Access to Information, Public Participation in Decision-making and Access to Justice in Environmental Matters, 1998, Articles 6–8.
no DOI — not checkedConvention concerning Equal Opportunities and Equal Treatment for Men and Women Workers: Workers with Family Responsibility, No. 156, 1981, Article 11.
no DOI — not checkedAustralia—Subsidies Provided to Producers and Exporters of Automotive Leather, Report of the Panel, 25 May 1999 WT/DS126/R.
no DOI — not checkedAustralia—Subsidies Provided to Producers and Exporters of Automotive Leather, Recourse to Article 21.5 of the DSU by the United States, Report of the Panel, 21 January 2000, WT/DS126/RW, paragraph 6.48.
no DOI — not checkedIbid. Australia—Subsidies Provided to Producers and Exporters of Automotive Leather, Recourse to Article 21.5 of the DSU by the United States, Report of the Panel, 21 January 2000, WT/DS126/RW, paragraph 6.23.
no DOI — not checkedDSU Article 13.1.
no DOI — not checkedAgreement Respecting Normal Competitive Conditions in the Commercial Shipbuilding and Repair Industry, 1994 (not in force), Articles 8.1, 8.3, 8.5, Annex IV.
no DOI — not checkedFor example, see Antidumping Agreement Articles 2.5, 4.2, 6.11; TBT Articles 2.12, 5.9; SCM Articles 15.2, 18.5, 27.10.
no DOI — not checkedJürgen Habermas: Between Facts and Norms, Cambridge, Massachusetts 1996 (translated by William Rehg), pp. 440–41.
no DOI — not checkedSee Marrakesh Agreement Preamble.
no DOI — not checkedRaj Bhala: International Trade Law: Theory and Practice, New York, 2nd edition, 2001, p. 610.
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