Do rules control power? GATT articles and arrangements in the Uruguay Round

Many complain and offer evidence that in recent years the GATT system has become more power-oriented, less stable, and less equitable. A concern to reverse this drift was one of the motives that brought the international community to agree to undertake the Uruguay Round. Rules control power, assumed the signers of the Punte del Este declaration, therefore elaborating and extending GATT rules would move the international community toward a fairer, more stable international trading system. Finger and Dhar contend that the opposite is true. Particularly in the 1980s, the elaboration and application of GATT rules has been an exercise in the application of economic and political power, not in its control. GATT rules, in theory, are there to limit national trade restrictions. Finger and Dhar contend that in fact things work the other way around: national practice comes first, and determines what the GATT rules mean. GATT's rules do not put limits on national practices, but provide international santion for these practices. Such rules are not part of the thereforelution but are part of the problem. Theirs is a situation-specific argument, say Finger and Dhar, not a generic one. Their target is not"rules", nor is it"GATT". Rather, it is the GATT rules.