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In 1979, as part of the Tokyo Round of the GATT, the enabling cause was adopted in order to provide a legal basis for extending the Generalized System of Preferences (GSP) beyond the original 10 years. In practice it gave a permanent validity to the GSP. This page refers to the year 1979. ... General Agreement on Tariffs and Trade (usually abbreviated GATT) functions as the foundation of the WTO trading system, and remains in force, although the 1995 Agreement contains an updated version of it to replace the original 1947 one. ... The Generalized System of Preferences (or GSP) is a formal system of exemption from the more general rules of the World Trade Organization (WTO) (formerly, the General Agreement on Tariffs and Trade or GATT). ...
Source
Nigel Grimwade, International Trade Policy: a contemporary analysis (London 1996)
A fortiori, the Agreed Conclusions are not context of the EnablingClause.
The use of a slightly different expression in the EnablingClause, standing alone, does not make the nature or legal function of the EnablingClause different from that of Articles XX, XXI and XXIV because the language used in the EnablingClause is not substantively different from that used in these other provisions.
By analogy, the European Communities argues that the EnablingClause, as the core instrument of special and more favourable treatment, should not be treated as an affirmative defence but rather as an autonomous right, and that the burden of proof should be on the party claiming a violation of this provision.
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