RESTRICTEDWORLD TRADE
ORGANIZATIONWT/COMTD/W/77/Rev.1/Add.3
4 February 2002
(02-0515)
Committee on Trade and Development
NON-MANDATORY SPECIAL AND DIFFERENTIAL TREATMENT
PROVISIONS IN WTO AGREEMENTS AND DECISIONS
Note by the Secretariat
Addendum
I. INTRO DUCTION ................................................................................................................. ...2
II. SPECIAL AND DIFFERENTIAL TREATMENT: INFORMATION BY
AGREEM ENT ...................................................................................................................... ....4
A. G ENERAL AGREEMENT ON TARIFFS AND TRADE 1994...............................................................4
B. A GREEMENT ON AGRICULTURE :.................................................................................................6
C. S ANITARY AND PHYTO -SANITARY MEASURES . .........................................................................6
D. A GREEMENT ON TEXTILES AND CLOTHING ................................................................................7
E. D ECISION ON TEXTS RELATING TO MINIMUM VALUES AND IMPORTS BY SOLE AGENTS ,
SOLE DISTRIBUTORS AND SOLE CONCESSIONAIRES .....................................................................7
F. A GREEMENT ON IMPORT LICENSING PROCEDURES ....................................................................8
G. A GREEMENT ON SUBSIDIES AND COUNTERVAILING MEASURES ................................................8
H. G ENERAL AGREEMENT ON TRADE IN SERVICES .........................................................................9
I. U NDERSTANDING ON RULES AND PROCEDURES GOVERNING THE SETTLEMENT OF
DISPUTES ............................................................................................................................... ....10
J. L EAST -DEVELOPED COUNTRIES ...............................................................................................11WT/COMTD/W/77/Rev.1/Add.3
Page 2
I. INTRODUCTION
1. WTO Members adopted the Decision on Impl ementation-Related Issues and Concerns1 at the
Fourth Ministerial Conference in Doha.  Paragraph 12.1 of that Decision instructs the Committee on
Trade and Development to carry out a work programme on special and differential treatment.
Pursuant to that Decision, the Committee on Trade and Development adopted a process for its work.The process is set out in document WT/COMTD/36.  This note responds to the request by
delegations, in paragraph 1(b) of document WT/COMTD/36 that the Secretariat "compile factual
information on the legal implications for the WTO agreements of making non-mandatory special and
differential treatment provisions mandatory".  It should be read in conjunction with Secretariat note
WT/COMTD/W/77/Rev.1/Add.4 (to be issued) which provides information on utilisation of special
and differential treatment provisions.
2. This note has been prepared by the Secretariat on its own responsibility and is intended only for
the purpose of discussion in order to assist delegations in their work on special and differential
treatment provisions.  In particular, the description in this note of specific provisions of the WTO
Agreement as "mandatory" or "non-mandatory" as well as the statements pertaining to these
provisions are without prejudice to the exclusive right of Members to adopt authoritative
interpretations of their rights and obligations under the WTO Agreement.
3. In response to an earlier similar request, the Secretariat had identified mandatory and non-
mandatory special and differential treatment pr ovisions WT/COMTD/W/77/Rev.1/Add.1/Corr.1.  In
that note, the Secretariat used six categories of special and differential treatment provisions:  (i)
provisions aimed at increasing the trade opportunities of developing country Members;  (ii) provisions
under which WTO Members should safeguard the interests of developing country Members;  (iii)flexibility of commitments, of actions, and use of policy instruments;  (iv) transitional time periods;
(v) technical assistance;  and (vi) provisions relating to least-developed country Members.  The focus
of that note was on categories (i), (ii) and (v) above, as well as certain provisions falling under
category (vi) for which the distinction between mandatory and non-mandatory was considered
relevant.  It was noted that that distinction between "mandatory" and "non-mandatory" provisions didnot apply to provisions under categories (iii) and (iv), and some corresponding provisions within
category (vi) as those provisions specified levels of flexibility and transition time periods that
developing countries may choose to exercise should they so wish.  The mandatory provisions were
distinguished from the non-mandatory provisions on the basis of the rule that mandatory provisions
used "shall" language and that non-mandatory provisions used "should" language.
4. It might be worthwhile to keep in mind that some special and differential treatment provisions
which are mandatory in the strict legal sense of the term (i.e., the term "shall" is used), arenevertheless characterized by a considerable flexibility of the obligations laid down in these
provisions.  A mandatory provision might therefore not necessarily be effective.
2  An example of such
a provision is Article XXXVII:1 of GATT.  For a discussion of mandatory provisions, please refer to
Secretariat note WT/COMTD/W/77/Rev.1/Add.2.  As specified in the request, this document, which
adds to the Secretariat's work on the mandatory provisions, relates only to the non-mandatoryprovisions, identified as such in document WT/COMTD/W/77/Rev.1/Add.1/Corr.1.  The first
question is then how the non-mandatory special and differential treatment provisions can be made
mandatory.
5. Basically, there would appear to be two ways in which non-mandatory special and differential
treatment provisions could be made mandatory or confirmed to be mandatory:
                                                     
1 WT/MIN(01)/17
2 Where this is the case, the effectiveness of mandatory provisions might be enhanced by amending
them so that the flexibility of those provisions is reduced or disappears.WT/COMTD/W/77/Rev.1/Add.3
Page 3
- through amendment  of the provisions of the WTO agreement in question;
- through authoritative interpretation  of the provisions of the WTO agreement in
question.
6. Amendment  of the special and differential treatment provisions of a WTO agreement would
convert non-mandatory provisions into mandatory ones.  In essence, amendment of the relevantprovisions would involve replacing the term "should" with the term "shall", while leaving the rest of
the provisions unchanged.  The WTO rules on amendments of a WTO agreement are laid down in
Article X of the WTO Agreement.  Any Member or the Councils listed in Article IV of the WTO
Agreement may initiate a proposal to amend the provisions of a WTO Agreement.  Normally,
amendments must be formally accepted by Members.  Whether an amendment takes effect and
whether it does so for all Members or only those which have accepted it, depends on the WTO
agreement at issue and the precise provisions in question.  No such amendment has been made sincethe entry into force of the WTO Agreement.  It can  be assumed that the most logical time to reach
agreement to amend a provision would be in the course of a round of negotiations.  However, it might
be difficult to reach agreement to reopen existing WTO agreements as some Members might argue
that the text of each existing agreement reflects a negotiated balance of interests and that to
renegotiate one provision would require renegotiation of the entire agreement.
7.  Authoritative interpretation  of the special and differential treatment provisions of a WTO
agreement would not convert non-mandatory provisions into mandatory ones.  Indeed, Article IX:2 of
the WTO Agreement, which lays down the WTO rules on authoritative interpretation, specifically
states that authoritative interpretation may not be used in a manner that would undermine the
amendment provisions of Article X.  However, in the case Canada - Measures Affecting the Export of
Civilian Aircraft , the Appellate Body appeared to suggest that, in some instances and depending on
the context, a provision that used the word "should" could imply a "duty" rather than a mere
"exhortation"
3.  It should be noted that the Appellate Body stated to this effect when interpreting a
provision of a procedural nature.4 If it were felt that one or other of the non-mandatory special and
differential treatment provisions which use the term "should" implied a duty rather than exhortation,an authoritative interpretation could be used to confirm that the relevant provisions are, in fact, meant
to be mandatory in nature.  Only the Ministerial Conference or the General Council have the authority
to adopt interpretations of the provisions of a WT O agreement.  Decisions to adopt an interpretation
must be taken by a three-fourths majority of the Members.
8. Part II of this note contains the non-mandatory provisions in the order of the Legal Texts of the
Results of the Uruguay Round of Multilateral Trade Negotiations.  It provides, for each identified
special and differential treatment provision, the actual text for reference and comments by theSecretariat on the provision in question.
                                                     
3 Appellate Body Report, Canada – Measures Affecting th e Export of Civilian Aircraft ("Canada –
Aircraft "), WT/DS70/AB/R, adopted 20 August 1999, para. 187.
4 At para. 187 of Canada - Aircraft , the Appellate Body stated as follows:
We note that Article 13.1 of the DSU provides that "A Member should  respond promptly and fully to
any request by a panel for such information as the panel considers necessary and appropriate." (emphasis added)Although the word "should" is often used colloquially to imply an exhortation, or to state a preference, it is not
always used in those ways.  It can also be used "to express a duty [or] obligation".  The word "should" has, forinstance, previously been interpreted by us as expressing a "duty" of panels in the context of Article 11 of the
DSU. Similarly, we are of the view that the word "should" in the third sentence of Article 13.1 is, in the context
of the whole of Article 13, used in a normative, rather than a merely exhortative, sense.  Members are, in otherwords, under a duty and an obligation to "respond promptly and fully" to requests made by panels forinformation under Article 13.1 of the DSU. (footnotes omitted)WT/COMTD/W/77/Rev.1/Add.3
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II. SPECIAL AND DIFFERENTIAL TREATMENT: INFORMATION BY AGREEMENT
A. GENERAL AGREEMENT ON TARIFFS AND TRADE 1994
Part IV - "Trade and Development"
Article XXXVI: "Principles and Objectives"
Provision
2.  There is need for a rapid and sustained
expansion of the earnings of the less-developed
contracting parties.
3.  There is need for positive efforts designed toensure that less-developed contracting partiessecure a share in the growth in international
trade commensurate with the needs of their
economic development.
4.  Given the continued dependence of manyless-developed contracting parties on theexportation of a limited range of primary
products, there is need to provide in the largest
possible measure more favourable andacceptable conditions of access to worldmarkets for these products, and wherever
appropriate to devise measures designed to
stabilize and improve conditions of worldmarkets in these products, including in
particular measures designed to attain stable,
equitable and remunerative prices, thuspermitting an expansion of world trade and
demand and a dynamic and steady growth of the
real export earnings of these countries so as toprovide them with expanding resources for their
economic development.
5.  The rapid expansion of the economies of theless-developed contracting parties will be
facilitated by a diversification of the structure oftheir economies and the avoidance of anexcessive dependence on the export of primary
products.  There is, therefore, need for increased
access in the largest possible measure tomarkets under favourable conditions for
processed and manufactured products currently
or potentially of particular export interest toless-developed contracting parties.Paras. 2-7 of Article XXXVI contain agreed
objectives and principles.  Paras. 2-7 do not, in
themselves, mandate specific action. Thequestion of how effect is to be given to the
objectives and principles set forth in paras. 2-7
of Article XXXVI is dealt with in ArticleXXXVI:9.  Thus, in view of the structure of
Article XXXVI, the crucial provision is para. 9
of Article XXXVI.
If it were considered that one or other objective
or principle mentioned in paras. 2-7 has not
been reached, the objectives and principles
contained in those paragraphs could beconverted into specific obligations which
mandate concrete action.  Alternatively, the
situation might be improved through anappropriate modification of the provisions ofArticle XXXVI:9.WT/COMTD/W/77/Rev.1/Add.3
Page 5
Provision
6.  Because of the chronic deficiency in the
export proceeds and other foreign exchange
earnings of less-developed contracting parties,
there are important inter-relationships betweentrade and financial assistance to development.There is, therefore, need for close and
continuing collaboration between the
CONTRACTING PARTIES and theinternational lending agencies so that they can
contribute most effectively to alleviating the
burdens these less-developed contracting partiesassume in the interest of their economicdevelopment.
7.  There is need for appropriate collaborationbetween the CONTRACTING PARTIES, other
intergovernmental bodies and the organs and
agencies of the United Nations system, whoseactivities relate to the trade and economicdevelopment of less-developed countries.
1979 Decision of the Contracting Parties on Differential and More Favourable Treatment,
Reciprocity and Fuller Participation of Deve loping Countries:  "The Enabling Clause"
Provision
1. Notwithstanding the provisions of
Article I of the General Agreement, contracting
parties may accord differential and more
favourable treatment to developing countries,5
without according such treatment to othercontracting parties.This is an enabling provision.  It confers rights
and is not meant to impose obligations.  The issue
of converting para. 1 of the Decision into a
mandatory obligation does not, therefore, appear
to arise.
2. The provisions of paragraph 1 apply to
the following:6
(a) Preferential tariff treatment accorded bydeveloped contracting parties to productsoriginating in developing countries in accordance
with the Generalized System of Preferences.
7
(d)  Special treatment of the least developedamong the developing countries in the context of
any general or specific measures in favour of
developing countries.Para. 2 defines the scope of application of the
Enabling Clause.  It is not meant to imposespecific obligations.  The issue of converting
para. 2 of the Decision into a mandatory
obligation does not, therefore, appear to arise.
                                                     
5 The words "developing countries" as used in this text are to be understood to refer also to developing
territories.
6 It would remain open for the CONTRACTING PARTIES to consider on an ad hoc  basis under the
GATT provisions for joint action any proposals for differential and more favourable treatment not falling within
the scope of this paragraph.
7 As described in the Decision of the CONTRACTING PARTIES of 25 June 1971, relating to the
establishment of "generalized, non-reciprocal and non-discriminatory preferences beneficial to the developingcountries."WT/COMTD/W/77/Rev.1/Add.3
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B. AGREEMENT ON AGRICULTURE :
Provision
Preamble
Having agreed that in implementing their
commitments on market access, developed
country Members would take fully into accountthe particular needs and conditions of developing
country Members by providing for a greater
improvement of opportunities and terms of access
for agricultural products of particular interest to
these Members, including the fullest
liberalization of trade in tropical agricultural
products as agreed at the Mid-Term Review, andfor products of particular importance to the
diversification of production from the growing of
illicit narcotic crops;The preambular text of an agreement is not meant
to create specific obligations.  Preambular text is
designed instead to set out the objectives and
principles underlying an agreement and to helpguide the interpretation of the rights and
obligations laid down in the agreement.  The
issue of converting the preamble into a
mandatory obligation does not, therefore, appear
to arise.
If it were decided to convert this into an
operational provision, it could be made
mandatory by replacing the word "would" with
"shall", but this by itself would not ensure that
this obligation is actually translated into
improved conditions of access.
C. SANITARY AND PHYTO -SANITARY MEASURES .
Provision
Article 10.2
Where the appropriate level of sanitary or
phytosanitary protection allows scope for the
phased introduction of new sanitary or
phytosanitary measures, longer time-frames for
compliance should be accorded on products of
interest to developing country Members so as tomaintain opportunities for their exports.This provision could be made mandatory by
replacing the term "should" by the term "shall".
This would require a formal amendment of
Article 10.2 in accordance with the provisions of
Article X of the WTO Agreement.
If it were felt that in the specific context of
Article 10.2 the term "should" should be read to
express a duty rather than mere exhortation, this
could be clarified through an authoritative
interpretation pursuant to Article IX:2 of the
WTO Agreement.  Particular mechanisms for this
to happen are not defined .
Article 10.4
Members should encourage and facilitate the
active participation of developing country
Members in the relevant international
organisations.This provision could be made mandatory by
replacing the term "should" by the term "shall".
This would require a formal amendment of
Article 10.4 in accordance with the provisions of
Article X of the WTO Agreement.
If it were felt that in the specific context of
Article 10.4 the term "should" should be read to
express a duty rather than mere exhortation, this
could be clarified through an authoritativeinterpretation pursuant to Article IX:2 of the
WTO Agreement.  Particular mechanisms for this
to happen are not definedWT/COMTD/W/77/Rev.1/Add.3
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D. AGREEMENT ON TEXTILES AND CLOTHING
Provision
Article 1.2, footnote
To the extent possible, exports from a
least-developed country Member may also
benefit from [Article 1.2: Members agree to use
the provisions of paragraph 18 of Article 2 andparagraph 6 (b) of Article 6 in such a way as to
permit meaningful increases in access
possibilities for small suppliers and the
development of commercially significant trading
opportunities for new entrants in the field of
textiles and clothing trade.The footnote to Article 1.2 appears to give least-
developed country Members the conditional right
to benefit from the provisions of Article 1.2.
It does not seem that the legal nature of the
footnote would change if the text were amended
so that it would use the term "shall" rather than
"may".
The precise operational content of the words "to
the extent possible" is not defined.
E. DECISION ON TEXTS RELATING TO MINIMUM VALUES AND IMPORTS BY SOLE AGENTS , SOLE
DISTRIBUTORS AND SOLE CONCESSIONAIRES .
Provision
Decisions on Texts Relating to Minimum Values
and Imports by Sole Agents, Sole Distributors
and Sole Concessionaries: Minimum values:
Text IIA number of developing countries have a concern
that problems may exist in the valuation of
imports by sole agents, sole distributors and soleconcessionaires.  Under  Article 20:1 (mentioned
in Section 2.7 of this document), developing
country Members have a period of delay of up to
five years prior to the application of the
Agreement.  In this context, developing country
Members availing themselves of this provision
could use the period to conduct appropriatestudies and to take such other actions as are
necessary to facilitate application.
In consideration of this, the Committee
recommends that the Customs Co-operationCouncil assist developing country Members, in
accordance with the provisions of Annex II, to
formulate and conduct studies in areas identified
as being of potential concern, including those
relating to importations by sole agents, soledistributors and sole concessionaires.In view of the fact that the Customs Co-operation
Council (World Customs Organization) is aninternational organisation separate from the
WTO, it is arguable that the Customs Valuation
Committee could not direct the Customs Co-
operation Council to take specific action.  If that
is correct, there would appear to be no need toconvert this paragraph into a mandatory
obligation.WT/COMTD/W/77/Rev.1/Add.3
Page 8
F. AGREEMENT ON IMPORT LICENSING PROCEDURES .
Provision
Article 3:5(a)(iv) Non-automatic Import Licensing
Members shall provide, upon the request of any
Member having an interest in the trade in the
product concerned, all relevant informationconcerning  where practicable, import statistics(i.e. value and/or volume) with respect to the
products subject to import licensing.  Developing
country Members would not be expected to takeadditional administrative or financial burdens on
this account.The last sentence of this provision uses the phrase
"would not be expected".  This phrase could be
understood to mean that developing countryMembers are not required to provide all relevant
information if this would entail additional
administrative or financial burdens.  If, on theother hand, the interpretation of the phrase "would
not be expected" were considered to be unclear, an
authoritative interpretation of this phrase might beenvisaged.
Article 3.5 (j) Non Automatic Import Licensing
In allocating licences, the Member should consider
the import performance of the applicant.  In this
regard, consideration should be given as to
whether licences issued to applicants in the pasthave been fully utilized during a recent
representative period.  In cases where licences
have not been fully utilized, the Member shallexamine the reasons for this and take these reasons
into consideration when allocating new licences.
Consideration shall also be given to ensuring areasonable distribution of licences to newimporters, taking into account the desirability of
issuing licences for products in economic
quantities.  In this regard, special considerationshould be given to those importers importing
products originating in developing country
Members and, in particular, the least-developedcountry Members.The fifth sentence of Article 3.5(j) could be made
mandatory by amending the text of the sentence
in such a way that it would use the term "shall"rather than "should".  Such an amendment would
be subject to the rules laid down in Article X of
the WTO Agreement.
G. AGREEMENT ON SUBSIDIES AND COUNTERVAILING MEASURES
Provision
Article 27.1
Members recognize that subsidies may play an
important role in economic development
programmes of developing country MembersArticle 27.1 contains an agreed principle, and not
a specific obligation.  The specific rights and
obligations derived from this general principle
are laid down in the other paragraphs of Article
27.
If it were considered that the principle mentioned
in Article 27.1 needed to be given greater effect,
it is arguable, in view of the nature of Article27.1, that this goal may best be achieved through
additions to or modifications of the other
paragraphs of Article 27.WT/COMTD/W/77/Rev.1/Add.3
Page 9
H. GENERAL AGREEMENT ON TRADE IN SERVICES
Provision
Members,
Recognizing  the growing importance of trade in
services for the growth and development of the
world economy;
Wishing  to establish a multilateral framework of
principles and rules for trade in services with a
view to the expansion of such trade under
conditions of transparency and progressive
liberalization and as a means of promoting the
economic growth of all trading partners and the
development of developing countries;
Desiring  the early achievement of progressively
higher levels of liberalization of trade in services
through successive rounds of multilateral
negotiations aimed at promoting the interests of
all participants on a mutually advantageous basis
and at securing an overall balance of rights andobligations, while giving due respect to national
policy objectives;
Recognizing  the right of Members to regulate,
and to introduce new regulations, on the supply
of services within their territories in order to meetnational policy objectives and, given asymmetries
existing with respect to the degree of
development of services regulations in different
countries, the particular need of developing
countries to exercise this right;Desiring  to facilitate the increasing participation
of developing countries in trade in services and
the expansion of their service exports including,
inter alia , through the strengthening of their
domestic services capacity and its efficiency andcompetitiveness;
Taking  particular account of the serious difficulty
of the least-developed countries in view of their
special economic situation and their
development, trade and financial needs;
Hereby agree  as follows:The preambular text of an agreement is not meant
to create specific obligations.  Preambular text is
designed instead to set out the objectives and
principles underlying an agreement and to help
guide the interpretation of the rights andobligations laid down in the agreement.  The
issue of converting the preamble into a
mandatory obligation does not, therefore, appear
to arise.
The content of the provisions of the preamble is
reflected in S/L/93 "Guidelines and Proceduresfor the Negotiations on Trade in Services",
particularly Section I ("Objectives and
Principles"), paragraphs 1-2.
Article XII  Restrictions to Safeguard theBalance of Payments1. In the event of serious balance-of-payments
and external financial difficulties or threat
thereof, a Member may adopt or maintain
restrictions on trade in services on which it has
undertaken specific commitments, including onpayments or transfers for transactions related to
such commitments. It is recognized that particular
pressures on the balance of payments of a
Member in the process of economic developmentArticle XII:1 authorizes Members to adopt,
subject to certain conditions, restrictions on tradein services to safeguard the balance-of-payments.
In other words, Article XII:1 lays down a right
rather than an obligation.  The issue of making
Article XII:1 mandatory does not, therefore,
appear to arise.WT/COMTD/W/77/Rev.1/Add.3
Page 10
Provision
or economic transition may necessitate the use of
restrictions to ensure, inter alia,  the maintenance
of a level of financial reserves adequate for the
implementation of its programme of economic
development or economic transition.
I. UNDERSTANDING ON RULES AND PROCEDURES GOVERNING THE SETTLEMENT OF DISPUTES .
Provision
Article 4.10
During consultations Members should give
special attention to developing country Members'particular problems and interests.This provision could be made mandatory by
replacing the term "should" by the term "shall".
This would require a formal amendment ofArticle 4.10 in accordance with Article X of the
WTO Agreement.
If it were felt that in the specific context of
Article 4.10 the term "should" should be read toindicate a duty rather than mere exhortation, this
could be clarified through an authoritative
interpretation pursuant to Article IX:2 of the
WTO Agreement.
The precise operational content of the phrase
"give special attention" is not defined.
Article 21Surveillance of Implementation of
Recommendations and Rulings
2. Particular attention should be paid to matters
affecting the interests of developing country
Members with respect to measures which have
been subject to dispute settlement.This provision could be made mandatory by
replacing the term "should" by the term "shall".
This would require a formal amendment of
Article 4.10 in accordance with Article X of the
WTO Agreement.
If it were felt that in the specific context of
Article 21 the term "should" should be read to
indicate a duty rather than mere exhortation, this
could be clarified through an authoritative
interpretation pursuant to Article IX:2 of the
WTO Agreement.
The utility of Article 21.2 as a mandatory
provision could be increased by by clarifying the
phrase "matters affecting the interests of
developing country Members".WT/COMTD/W/77/Rev.1/Add.3
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J. LEAST -DEVELOPED COUNTRIES
Decision on Measures in Favour of Least-Developed Countries
Provision
Paragraph 2 (ii)
To the extent possible, MFN concessions on
tariff and non-tariff measures agreed in theUruguay Round on products of export interest
to the least-developed countries may be
implemented autonomously, in advance andwithout staging.
Consideration shall be given to further improve
GSP and other schemes for products of
particular export interest to least-developed
countries.The first sentence of para. 2(ii) does not appear
to mandate autonomous implementation.  If that
is a correct interpretation, then the first sentence
could be made mandatory by replacing the term
"may" by the term "shall".
The precise operational content of the words "to
the extent possible" is not defined.
The second sentence of para. 2(ii) is mandatory.
The precise operational content of"consideration" and "further improve" are not
defined.
Paragraph 2 (iii)
The rules set out in the various agreements and
instruments and the transitional provisions in
the Uruguay Round should be applied in a
flexible and supportive manner for the least-developed countries.  To this effect,
sympathetic consideration shall be given to
specific and motivated concerns raised by theleast-developed countries in the appropriate
Councils and Committees.The first sentence of para. 2(iii) could be made
mandatory by replacing the term "should" by
the term "shall".  This would require a decision
by the Ministerial Conference or the General
Council.
If it were felt that in the specific context of para.
2(iii) the term "should" should be read to
indicate a duty rather than mere exhortation,
this could be clarified through an authoritativeinterpretation pursuant to Article IX:2 of the
WTO Agreement.
However, it could also be argued that the first
sentence of para. 2(iii) is meant to lay down ageneral principle.  It could be said that the
second sentence of para. 2(iii) gives effect to the
general principle set forth in the first sentence.
If it were considered that the principle
mentioned in the first sentence of para. 2(iii)needed to be given greater effect, it is arguable,
in view of the nature of the first sentence of
para. 2(iii), that this goal may best be achievedthrough additions to or modifications of thesecond sentence of para. 2(iii).
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