The Appellate Body Approach to the Applicability of Article XX GATT In the Light of China - Raw Materials: A Missed Opportunity?

Espa, Ilaria (2012). The Appellate Body Approach to the Applicability of Article XX GATT In the Light of China - Raw Materials: A Missed Opportunity? Journal of world trade, 46(6), pp. 1399-1423. Wolters Kluwer Law & Business

[img]
Preview
Text
TRAD_46(6)_Ilaria Espa.pdf - Published Version
Available under License Publisher holds Copyright.

Download (1MB) | Preview

This article attempts to analyse and investigate the implications of the approach to the applicability of Article XX GATT adopted in the recent China – Raw Materials. Using the decision on the non-availability of Article XX defences for violations of China’s WTO-plus commitments on export duties as a backdrop, it scrutinizes the more general, ‘systemic’ approach to the applicability of Article XX exceptions developed by theWTO dispute settlement bodies, and sheds light on the implications of such approach with respect to the relationship between GATT 1994 andWTO obligations arising from different instruments of theWTOAgreement, such as new members’ accession protocols. It also suggests that an exception to this general approach could be envisaged when the fundamental environmental goals protected under Article XX b) and g) are at stake.

Item Type:

Journal Article (Original Article)

Division/Institute:

02 Faculty of Law > Department of Economic Law > World Trade Institute
10 Strategic Research Centers > World Trade Institute

02 Faculty of Law > Department of Economic Law > NCCR International Trade Regulation

UniBE Contributor:

Espa, Ilaria

Subjects:

300 Social sciences, sociology & anthropology > 380 Commerce, communications & transportation
300 Social sciences, sociology & anthropology > 340 Law

ISSN:

1011-6702

Publisher:

Wolters Kluwer Law & Business

Language:

English

Submitter:

Ilaria Espa

Date Deposited:

19 Jun 2014 15:04

Last Modified:

13 Sep 2017 13:54

BORIS DOI:

10.7892/boris.42787

URI:

https://boris.unibe.ch/id/eprint/42787

Actions (login required)

Edit item Edit item
Provide Feedback