Common use of Negotiating history Clause in Contracts

Negotiating history. Since TRIPS is a new and unprecedented Agreement in the WTO, and since it was clear that the adjustment of the internal legal regimes of developing and 1 In the framework of the WTO, the GATT 1947 is replaced by the identical GATT 1994. 2 On the other hand, the GATT admits grandfather clauses allowing countries that accede to it to maintain pre-existing domestic legislation inconsistent with GATT provisions. In addition, the GATT in Part IV (Trade and Development) contains some provisions on special treatment for developing countries. For instance, according to Article XXXVI:8 of the GATT, “developed contracting parties do not expect reciprocity for commitments made by them in trade negotiations to reduce or remove tariffs and other barriers to the trade of less-developed contracting parties”. 3 See Article XXXVI:4 of GATT 1994. 4 See Article XXXVI:8 of GATT 1994.