Masthead header

All In Agreement No Exceptions

The World Trade Organization (WTO) has made a strong commitment to an “open, non-discriminatory and fair multilateral trading system” and to “environmental protection and the promotion of sustainable development.” In this context, Article XX of the General Agreement on Tariffs and Trade (GATT) allows WTO member states to adopt measures to pursue certain purposes, even though these measures would normally be inconsistent in the WTO. There are ten “general exceptions” – which are granted to Member States in terms of regulation – such as the preservation of public morals; Protecting human and animal health and the conservation of natural resources. Before China – raw materials might be entitled to think that on behalf of the appellate body, there was no intention to formulate a relationship between GATT and other WTO agreements. However, since the decision of the panel and the appellate body in this case, it is clear that the general exceptions can indeed be invoked outside the GATT. It should be noted, however, that the contrary provision must refer to the language used in Article XX or the “right to regulation.” 4. Trade in nuclear materials may be regulated by agreements mentioned in the statements of this paragraph in the final act of the Conference on the European Energy Charter. The concept of “this agreement” in Section XX of the 1994 GATT has no “ordinary” meaning. This term was included in the 1947 GATT, before the Uruguay Round, when the GATT itself was the main multilateral trade agreement in 1947. The 1947 GATT was essentially included in the WTO agreement, without being rewritten to reflect its new position as one of the many related “goods” agreements that are linked in an annex. The reference to “this agreement” must therefore necessarily be interpreted in light of the current position of this provision and the association of the 1994 GATT with other Schedule 1A agreements, as discussed above. 3. Any agreement, agreement, decision, agreement or other joint action, in accordance with the provisions of paragraphs 1 and 2. b) Similar provisions apply to any non-member party of the Fund from the date that contracting party becomes a member of the Fund or enters into a specific exchange agreement in accordance with Article XV of the 1994 GATT.

f a c e b o o k
M o r e   i n f o