ABSTRACT

The issue of process and production methods (PPMs) in the General Agreement on Tariffs and Trade (GATT)/World Trade Organization (WTO) revolves around the interpretation of the word 'like', as in 'like products'. Since 'like' products are at the heart of the GATT/WTO system, changing the definition of what will be recognized as valid distinctions between otherwise 'like' products is a matter of great concern to those responsible for managing the trading system. The French version of the GATT speaks of 'equivalent', which actually expresses something different again, since it derives from 'value' rather than focusing, as the word 'like' does, on the inherent characteristics of a product. At the very least, it should be clear that the GATT contains no explicit prohibition on the use of PPMs in general. It may come as a surprise to some observers that there are several areas in which the GATT handles PPMs without apparent difficulty.