Chapter IV. Treaties concerning international law concluded under the auspices of the United Nations and related intergovernmental organizations

TREATIES CONCERNING INTERNATIONAL LAW CONCLUDED UNDER THE AUSPICES OF THE UNITED NATIONS AND RELATED INTERGOVERNMENTAL ORGANIZATIONS

1. Treaties concerning international law concluded under the auspices of the United Nations

   1. AGREEMENT ON THE GLOBAL SYSTEM OF TRADE PREFERENCES AMONG DEVELOPING COUNTRIES.1 DONE AT BELGRADE ON 13 APRIL 1988

      PREAMBLE

      The States Parties to this Agreement,

      Recognizing that economic cooperation among developing countries is a key element in the strategy of collective self-reliance and an essential instrument to promote structural changes contributing to a balanced and equitable process of global economic development and the establishment of the New International Economic Order;

      Recognizing also that a Global System of Trade Preferences (hereinafter referred to as “GSTP”) would constitute a major instrument for the promotion of trade among developing countries members of the Group of 77, and the increase of production and employment in these countries;

      Bearing in mind the Arusha Programme of Collective Self-Reliance, the Caracas Programme of Action and the Declarations on GSTP adopted by the Ministers for Foreign Affairs of the Group of 77 in New York in 1982, and the Ministerial meetings on GSTP in New Delhi in 1985, in Brasilia in 1986 and in Belgrade in 1988;

      Believing that the establishment of the GSTP should be accorded high priority as a major instrument of South-South cooperation for the promotion of collective self-reliance as well as for the strengthening of world trade as a whole;

      Have agreed as follows:

      Chapter I

      INTRODUCTION

      Article 1

      DEFINITIONS

      For the purpose of this Agreement:

      (a) “Participant” means:

      (i) Any member of the Group of 77 listed in annex I which has exchanged concessions and has become Party to this Agreement in accordance with its articles 25, 27 or 28;

      (ii) Any subregional/regional/interregional grouping of developing countries members of the Group of 77 listed in annex I which has exchanged concessions and has become party to this Agreement in accordance with its articles 25, 27 or 28;

      (b) “Least developed country” means a country designated as such by the United Nations;

      (c) “State” or “country” means any State or country member of the Group of 77;

      (d) “Domestic producers” means physical or juridical persons established in the territory of a participant which are engaged in production of commodities and manufactures, including industrial, agricultural, extractive or mining products, in their raw, semi-processed or processed forms in that territory. Furthermore, for the purpose of determining “serious injury” or “threat of serious injury”, the term “domestic producers” in this Agreement shall mean domestic producers as a whole of like or similar products, or those of them whose collective output of the products constitutes a major proportion of the total domestic production of those products;

      (e) “Serious injury” means significant damage to domestic producers, of like or similar products resulting from a substantial increase of preferential imports in situations which cause substantial losses in terms of earnings, production or employment unsustainable in the short term. The examination of the impact on the domestic industry concerned shall also include an evaluation of other relevant economic factors and indices having a bearing on the state of the domestic industry of that product;

      (f) “Threat of serious injury” means a situation in which a substantial increase of preferential imports is of a nature to cause “serious injury” to domestic producers, and that such injury, although not yet existing, is clearly imminent. A determination of threat of serious injury shall be based on facts and not on mere allegation, conjecture, or remote or hypothetical possibility;

      (g) “Critical circumstances” means the emergence of an exceptional situation where massive preferential imports are causing or threatening to cause “serious injury” difficult to repair and which calls for immediate action;

      (h) “Sectoral agreements” means agreements amongst participants regarding the removal or reduction of tariff, non-tariff and para-tariff barriers as well as other trade promotion or cooperative measures for specified products or groups of products closely related in end use or in production;

      (i) “Direct trade measures” means measures conducive to promoting mutual trade of participants such as long- and medium-term contracts containing import and supply commitments in respect of specific products, buy-back arrangements, state trading operations, and government and public procurement;

      (j) “Tariffs” means custom duties stipulated in the national tariff schedules of the participants;

      (k) “Non-tariffs” means any measure, regulation, or practice, other than “tariffs” and “para-tariffs”, the effect of which is to restrict imports, or to significantly distort trade;

      (l) “Para-tariffs” means border charges and fees, other than “Tariffs”, on foreign trade transactions of a tariff-like effect which are levied solely on imports, but not those indirect taxes and charges, which are levied in the same manner on like domestic products. Import charges corresponding to specific services rendered are not considered as para-tariff measures.

      Chapter II

      GLOBAL SYSTEM OF TRADE PREFERENCES

      Article 2

      ESTABLISHMENT AND AIMS OF THE GSTP

      By the present Agreement, the participants establish the GSTP to promote and sustain mutual trade, and the development of economic cooperation among developing countries, through exchange of concessions in accordance with this Agreement.

      Article 3

      PRINCIPLES

      The GSTP shall be established in accordance with the following principles:

      (a) The GSTP shall be reserved for the exclusive participation of developing countries members of the Group of 77;

      (b) The benefits of the GSTP shall accrue to the developing countries members of the Group of 77 who are participants in accordance with article 1(a);

      (c) The GSTP shall be based and applied on the principle of mutuality of advantages in such a way as to benefit equitably all participants, taking into account their respective levels of economic and industrial development, the pattern of their external trade and their trade policies and systems;

      (d) The GSTP shall be negotiated step by step, improved and extended in successive stages, with periodic reviews;

      (e) The GSTP shall not replace, but supplement and reinforce, present and future subregional, regional and interregional economic groupings of developing countries of the Group of 77, and shall take into account the concerns and commitments of such economic groupings;

      (f) The special needs of the least developed countries shall be clearly recognized and concrete preferential measures in favour of these countries should be agreed upon; the least developed countries will not be required to make concessions on a reciprocal basis;

      (g) The GSTP shall include all products, manufactures, and commodities in their raw, semi-processed and processed forms;

      (h) Intergovernmental subregional, regional, and interregional groupings for economic cooperation among developing countries members of the Group of 77 may participate, fully as such, if and when they consider it desirable, in any or all phases of the work on the GSTP.

      Article 4

      COMPONENTS OF THE GSTP

      The GSTP may, inter alia, consist of the following components:

      (a) Arrangements relating to tariffs;

      (b) Arrangements relating to para-tariffs;

      (c) Arrangements relating to non-tariff measures;

      (d) Arrangements relating to direct trade measures including medium-and long-term contracts;

      (e) Arrangements relating to sectoral agreements.

      Article 5

      SCHEDULES OF CONCESSIONS

      The tariff, para-tariff and non-tariff concessions negotiated and exchanged among participants shall be embodied in schedules of concessions which shall be annexed to and form an intergral part of this Agreement.

      Chapter III

      NEGOTIATIONS

      Article 6

      NEGOTIATIONS

   1. The participants may hold from time to time rounds of bilateral/ plurilateral/multilateral negotiations with a view to the further expansion of the GSTP and the fuller attainment of its aims.

   2. The participants may conduct their negotiations in accordance with any or a combination of the following approaches and procedures:

      (a) Product-by-product negotiations;

      (b) Across-the-board tariff reductions;

      (c) Sectoral negotiations;

      (d) Direct trade measures, including medium- and long-term contracts.

      Chapter IV COMMITTEE OF PARTICIPANTS

      Article 7

      ESTABLISHMENT AND FUNCTIONS

   1. A Committee of participants (hereinafter referred to as the “Committee”) shall be established, upon entry into force of this Agreement, consisting of the representatives of the Governments of the participants. The Committee shall perform such functions as may be necessary to facilitate the operation and further the objectives of this Agreement. The Committee shall be responsible for reviewing the application of this Agreement and the instruments adopted within its framework, monitoring the implementation of the results of the negotiations, carrying out consultations, making recommendations and taking decisions as required, and, in general, undertaking whatever measures may be required to ensure the adequate implementation of the objectives and the provisions of this Agreement.

      (a) The Committee shall keep under review the possibility of promoting further negotiations for the enlargement of the schedules of concessions and for the enhancement of trade among participants through other measures and may at any time sponsor such negotiations. The Committee shall also ensure prompt and complete dissemination of trade information in order to promote trade among participants;

      (b) The Committee shall review disputes and make recommendations thereon in accordance with article 21 of this Agreement;

      (c) The Committee may establish such subsidiary organs as may be necessary to the effective discharge of its functions;

      (d) The Committee may adopt...