GATT/WTO SYSTEM AND THE PROTECTION OF NON-TRADE VALUESArticle XX : general exceptions from free trade
Evolutionary interpretation of the provision
Overview of current disputes which can fall under article XX : the importance of food safety issues
Norway and seal products: the emergence of indigenous rights
GATT/WTO SYSTEM AND THE PROTECTION OF NON-TRADE VALUES
Article XX : general exceptions from free trade
Evolutionary interpretation of the provision
Overview of current disputes which can fall under article XX : the importance of food safety issues
Norway and seal products: the emergence of indigenous rights
The Tuna-Dolhin cases
Import ban by the US because nets used in order to fish tuna accidentally catch dolphins
Extraterritoriality
PPMs issue : process and production methods
First anti-GATT wave
The LTRAT and the necessity principle
Some paragraphs of article XX use the term “necessary”
GATT jurisprudence elaborated the LTRAT
Faults of the test
The burden of proof
Example : the Thai cigarettes case
The weighing and balancing test
3 criteria :
importance of the aim
effectiveness of the measure
trade restriction
Problems of the test : what does the balancing imply? Is it for or against the realisation of non trade values?
The chapeau
It deals with the way the measure is implemented
Prevention of abuse of right
Striking a balance between the rights of the State imposing the measure and the right of other States to free trade
Example : Shrimp-Turtle
Article XX and the precautionary principle
Brasilian tyres : unlike cause-effect chain between the use of retreated tyres and the spread of diseases
Precautionary reasoning of the AB
Application of the chapeau : decision by another judicial organ does not justify discrimination
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