LLB Law
International Trade Law
LAW10110
2021/22
Essay Question
With reference to case law, critically evaluate whether the GATT/WTO Panels
have developed a consistent approach to the interpretations of “like
products”.
Word Count: 2,592
1
, Introduction
Following the atrocities of World War II, the international community resolved to bind the economies
of states together in order to deter further global conflict. 1 Albeit, while this essay is being written,
tragedy is unfolding in the war between Ukraine and Russia. Countries around the world are rallying
behind Ukraine with unprecedented sanctions and major companies halting business operations in
Russia.2 Indeed, the Ukrainian President Volodymyr Zelensky has requested that countries suspend
Russia’s participation in the World Trade Organisation 3; causing difficulty for Russian goods and
services to compete in the global marketplace. 4 The World Bank has warned that the war is “a
catastrophe” for not only Ukraine but the global economic growth. 5 It seems that years of
negotiations, economic agreements and adherence to provisions under the WTO are disintegrating.
The original delegates to the conference, held in New Hampshire in 1944, from forty-four allied
states agreed that international trade was crucial in the prevention of future conflict – such as the war
in Ukraine – and that it was necessary to create an international organisation to oversee its operation. 6
Initially, the attendees to the conference proposed creating three main institutions in order to
maintain the economic system: the international Monetary Fund (IMF); the International Bank for
Reconstruction and Development (IBRD)7; and the International Trade Organisation (ITO).8
Subsequently, the charters for the IMF and World Bank were drafted by the attendees and thereafter
ratified by the relevant states. 9 Nevertheless, the delegates agreed that international trade was of
1
Edward S. Mason and Robert E. Asher, ‘The World Bank since Bretton Woods: The origins, policies,
operations and impact of the International Bank for Reconstruction and Development and the other members
of the World Bank Group’ (1973) 1 JDE 279
2
Michael Race and Lucy Hooker, ‘Which companies are pulling out of Russia?’ (BBC News, 12 March 2022)
<https://www.bbc.co.uk/news/business-60571133> accessed 17 March 2022. See also Hannah Towey , Sarah
Al-Arshani , Bethany Biron and Mary Hanbury, ‘Here are the major US and European companies pulling out of
Russia following the invasion of Ukraine’ (Business Insider, 10 March 2022)
<https://www.businessinsider.com/list-all-the-companies-pulling-out-of-russia-ukraine-war-2022-
3?r=US&IR=T> accessed 17 March 2022
3
Hereon in referred to as “WTO”.
4
Timothy Meyer and Todd N. Tucker, ‘There are two ways to kick Russia out of the world trade system. One is
more likely to work’ (The Washington Post, 11 March 2022)
<https://www.washingtonpost.com/politics/2022/03/11/russia-wto-penalize-ukraine-conflict/> accessed 17
March 2022.
5
Jonathan Josephs, ‘Ukraine war is economic catastrophe, warns World Bank’ (BBC News, 4 March 2022)
<https://www.bbc.co.uk/news/business-60610537> accessed 17 March 2022
6
Anthony Nardi, 'Armored Plating and Aluminum Foil Are Not like Products: Consequences of the United
States' Overbroad Interpretation of Article XXI of the GATT' (2019) 69 Am U L Rev 629
7
Now part of the World Bank Group.
8
Edward S. Mason and Robert E. Asher, ‘The World Bank since Bretton Woods: The origins, policies,
operations and impact of the International Bank for Reconstruction and Development and the other members
of the World Bank Group’ (1973) 1 JDE 279
9
Articles of Agreement of the International Monetary Fund, Dec. 27, 1945, 2 U.N.T.S. 39; Articles of
Agreement of the International Bank for Reconstruction and Development, Dec. 27, 1945, 2 U.N.T.S. 134.
2
