Abstract
Article XVI § 4 of the Marrakech Agreement has put an end to the "grandfather clause" which, under the General Agreement on Tariffs and Trade (GATT), allowed the Member States to invoke a previously existing domestic law to escape their GATT obligations. It provides that: "Each Member shall ensure the conformity of its laws, regulations and administrative procedures with its obligations as provided in the annexed Agreements". Thus, this article defines how the World Trade Organisation (WTO) Agreements should impact on WTO Member States.
The WTO was created on January 1st 1995 following the ratification of the Marrakech Agreement. This organization succeeded the GATT 1947 then modified by the GATT in 1994. The GATT and then the WTO were not only agreements but also organizations governing the international trade law. Since 1947, eight rounds of negotiations took place and it is the Uruguay Round (1986-1994) which led to the drafting of the WTO Agreements. The WTO Agreements are diverse; we shall mention some of them such as the Agreement on Trade Related Aspects of Intellectual Property Rights, the General Agreement on Trade in Services, the Understanding on Rules and Procedures Governing the Settlement of Disputes... These WTO Agreements, as well as GATT 1947 and 1994, are the constituent of the WTO Agreement.
