article 1_
General Most-Favoured-Nation Treatment
this article ensures that all WTO members treat each other equally in terms of trade advantages. If a member grants a lower tariff or better trade conditions to one country, it must automatically extend the same terms to all other WTO members. Goal: Prevent discrimination and promote uniform treatment among trading partners.
article 2_
Schedules of Concessions (tariff in the SOC are binding)
creating certainty by setting maximum customs duties for products Each member commits to a list of tariff ceilings for specific goods, known as its "schedule of concessions." These tariff levels are legally binding and cannot be raised without negotiation. This article ensures that imported products are not subject to additional, unofficial duties or surcharges beyond those listed.
article 3_
National Treatment on Internal Taxation and Regulation (national treatment principle)
ensures National Treatment, which means that once foreign goods must not be treated less favorably than domestic goods. Paragraph 2 prohibits applying higher internal taxes on imported products that are either “like” or “directly competitive or substitutable” with domestic products. Paragraph 4 extends this obligation to internal laws and regulations — such as packaging, labeling, or sales practices — and prohibits any measures that disadvantage imported products compared to domestic equivalents. The purpose is to prevent protectionism through domestic regulation or taxation.
article 5_
Freedom of Transit
goods passing through a WTO member’s territory to or from another country must be allowed to transit freely without unnecessary delays, discrimination, or excessive fees. Charges must reflect actual transportation or administrative costs, not serve as trade restrictions. This article is particularly important for landlocked countries. The tariff has to be paid in the final destination, if a product is only transported through your country the product is not meant to be inspected
article 6_
Anti-dumping and Countervailing Duties
allows members to impose anti-dumping duties or countervailing duties in response to unfair trade practices. Dumping refers to the sale of products in foreign markets at below-normal value, and countervailing duties apply to products that receive unfair subsidies. These measures may only be taken after proper investigation and a finding of material injury to domestic industry.
article 10_
Publication and Administration of Trade Regulations
addresses transparency. It requires WTO members to publish all trade-related laws, regulations, and procedures promptly so that traders and governments can understand and comply with them. It also obliges members to ensure uniform, impartial, and reasonable administration of these rules and to provide mechanisms for review or appeal.obligatory publications of the tariff schedule, no changes can be enforced before they are published, and all decisions must be fair, with a process to review them
article 11_
General Elimination of Quantitative Restrictions
prohibits the use of quantitative restrictions — such as quotas and import/export bans — on traded goods. These are generally disallowed unless specifically justified under other provisions. The article ensures that tariffs remain the only legal instrument for restricting imports or exports under normal circumstances. Exceptions apply for cases such as food shortages or implementation of international standards.there are exceptions (e.g.: to prevent or relieve critical shortages) for article 11 à US during Covid19 pandemic: Donald Trump said that 3M facemasks are not allowed to leave the US territory, all were needed within the country (even already exported facemasks have been sent back at a port in Thailand)
article 19_
Emergency Action (Safeguards) on Imports of Particular Products
allows countries to take safeguard actions if increased imports harm domestic producers, with advance notice to other GATT parties. These emergency actions must be based on a transparent investigation, limited in scope and duration, and often accompanied by compensation to affected trading partners.
article 20_
General Exceptions
if there is a profound, justified health issue you can nearly impose every restriction which is related to isolate an associated health issue (e.g.: Seuchenteppiche)sets out general exceptions to GATT rules. It permits trade-restrictive measures necessary to protect public morals, health, safety, or the environment, as well as to conserve exhaustible natural resources. However, such measures must not be applied in an arbitrary or unjustifiable way, nor used as disguised protectionism.balance clause: The balance clause (chapeau) of Article XX ensures that exceptions to WTO obligations are used in good faith for legitimate purposes, not as disguised trade restrictions.
article 21_
Security Exceptions
countries are allowed to deviate from GATT obligations if it is necessary for the protection of their essential security interests, for example in times of war or other emergencies. These measures are broadly self-judging and typically not subject to WTO dispute procedures.
article 24_
Customs Unions and Free Trade Areas
allows the formation of free trade areas and customs unions. Even though free trade areas and customs unions give special advantages to their members — which would normally violate the Most-Favoured-Nation (MFN) rule — they are allowed under Article XXIV of the GATT, but only under the strict conditions that members must eliminate tariffs and trade barriers between themselves on substantially all trade + at the same time, they must not raise barriers against non-members + these agreements must be notified to the WTO and must meet specific formal requirements.
Zuletzt geändertvor 12 Tagen