Remedies and Organisational Structure

Abstract

In the earlier chapters, the analysis of the principle of equality of treatment in the General Agreement was undertaken, with a view to bringing out the forms of discrimination which are illegal against the background of rules and standards embodied in GATT. But for some exceptions which permit discrimination under certain circumstances and subject to well-defined conditions, discrimination in general and as a rule of commercial policy is proscribed. The Contracting Parties acting jointly under Article XXV(5) have the power to authorise some other discriminations which would otherwise be illegal. Barring this, every contracting party has the right to expect and demand equal treatment. Any discrimination, other than that authorised, would mean a denial of the right to equal treatment and lead to a cause for action. The General Agreement imposes a legal obligation on the contracting parties to refrain from discriminatory policies.