By Miles Copeland
Copeland M. the sport of nations.. the amorality of strength politics (Simon and Schuster, 1970)(ISBN 0671205323)
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Consensus does not mean unanimity. It signifies that no delegation represented in a meeting objects to a proposal. Achieving consensus can be a complex process, requiring issue linkages. Consensus reinforces conservative tendencies in the system. Proposals for change can be adopted only if unopposed. Although it creates the potential for paralysis, consensus helps enhance the legitimacy of decisions. 13 If voting occurs, unanimity is required for amendments concerning general, core principles such as MFN or national treatment.
Particularly in the context of an alleged de facto restriction and where, as here, there are possibly multiple restrictions, it is necessary for a complaining party to establish a causal link between the contested measure and the low level of exports. In our view, whatever else it may involve, a demonstration of causation must consist of a persuasive explanation of precisely how the measure at issue causes or contributes to the low level of exports. 22) The claim by the European Community, the complainant in this case, was that the presence of representatives of the domestic industry at customs clearance procedures, sufficed to establish a QR, since, it was in the interest of the domestic industry not to allow exports of hides from the Argentine market.
The national treatment obligation is needed because virtually all domestic policy instruments are left unconstrained in the WTO, potentially leaving the parties with plenty of scope to undo tariff bindings. In order to limit the scope for this, tariff bindings are complemented with an obligation not to discriminate between domestic and foreign products once the latter have entered a given market. The purpose of Art. III GATT is thus to prevent ‘‘concession erosion’’ through the discriminatory application of domestic policies.
The game of nations; the amorality of power politics. by Miles Copeland