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Academic Journal of Humanities & Social Sciences, 2023, 6(4); doi: 10.25236/AJHSS.2023.060420.

Interpretation of the Concept of ‘Likeness’ as Found in Article III GATT

Author(s)

Yujie Cai1, Greg Messenger2

Corresponding Author:
​Yujie Cai
Affiliation(s)

1School of International Commercial Law, University of Bristol, Bristol, BS20DB, UK

2University of Bristol Law School, Bristol, BS20DB, UK

Abstract

Although the concept "likeness" is of vital importance in article III GATT, there is no clear definition of it. Historically, the appellate body has used two methods of interpretation, first is the border tax adjustment approach, then in the early 1990 s, it was replaced by the aim and effects approach. Soon after, however, the aim and effects approach was abolished by the appellate body and the border tax adjustment approach was brought back again.

Keywords

Likeness, Article III GATT, concept interpretation, border tax adjustment approach, aim and effects approach

Cite This Paper

Yujie Cai, Greg Messenger. Interpretation of the Concept of ‘Likeness’ as Found in Article III GATT. Academic Journal of Humanities & Social Sciences (2023) Vol. 6, Issue 4: 109-112. https://doi.org/10.25236/AJHSS.2023.060420.

References

[1] Report of the Panel, Japan–Customs Duties, Taxes and Labelling Practices on Imported Wines and Alcoholic Beverages (L/6216, BISD 34S/83). 10 November 1987

[2] Report of the Panel, Spain Tariff Treatment of Unroasted Coffee (L/5135—28S/102). 11 June 1981.

[3] Report of the Panel, United States-Measures Affecting Alcoholic and Malt Beverages (DS23/R, BISD39S/206) 19 June 1992.

[4] Report of the Panel, United States - Taxes on Automobiles (DS31/R). 11 October 1994.

[5] Appellate Body Report, Japan–Taxes on Alcoholic Beverages (WT/DS8/AB/R). 1 November 1996.

[6] Choi WM, 'Overcoming the Aim and Effect Theory: Interpretation of the Like Product in GATT Article III' (2002) 8 UC Davis J Int'l L & Pol'y 107

[7] Appellate Body Report, United States–Import Prohibition of Certain Shrimp and Shrimp Products (WT/DS58/AB/R). 6 November 1998.

[8] Reports of the Panel, Japan–Taxes on Alcoholic Beverages (WT/DS8/AB/R) 1 November. 1996.