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Can (Should) Article xx(b) GATT Be a Defense against Inconsistencies with the SPS and TBT Agreements?

Can (Should) Article xx(b) GATT Be a... I. ARTICLE xx(b) AND THE SPS AGREEMENT A. GENERAL OVERVIEW OF EXCEPTIONS TO GATT The General Agreement on Tariffs and Trade (GATT) was designed to fornulate general principles that would govern the complex and highly politicized subject of international trade law.' An infant agreement as it was, the GATT had to balance the myriad obligations it demands with the sovereign independence of nations to structure their international trade relations under conditions that suit their individual wishes and realities. To this end, the GATT was "riddled with exceptions" that relax the obligations of GATT Members in a number of situations.2 2 Of relevance to the subject of this article is Article xx of GATT, which Professor Jackson puts in the third category of Universal Exceptions. A relatively fewer number of disputes have arisen in the GATT/WTO years wherein issues of Article XX have arisen. Nevertheless, the World Trade Organization has developed a three-step interpretation of the application of an Article xx defense: first, determining whether the measure in dispute is in the scope of the policy or national interest represented in the relevant paragraph (for example, protection of human, animal or plant life or health in paragraph b, or http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png Journal of World Investment and Trade Brill

Can (Should) Article xx(b) GATT Be a Defense against Inconsistencies with the SPS and TBT Agreements?

Journal of World Investment and Trade , Volume 7 (4): 26 – Jan 1, 2006

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Publisher
Brill
Copyright
Copyright © Koninklijke Brill NV, Leiden, The Netherlands
ISSN
1660-7112
eISSN
2211-9000
DOI
10.1163/221190006X00306
Publisher site
See Article on Publisher Site

Abstract

I. ARTICLE xx(b) AND THE SPS AGREEMENT A. GENERAL OVERVIEW OF EXCEPTIONS TO GATT The General Agreement on Tariffs and Trade (GATT) was designed to fornulate general principles that would govern the complex and highly politicized subject of international trade law.' An infant agreement as it was, the GATT had to balance the myriad obligations it demands with the sovereign independence of nations to structure their international trade relations under conditions that suit their individual wishes and realities. To this end, the GATT was "riddled with exceptions" that relax the obligations of GATT Members in a number of situations.2 2 Of relevance to the subject of this article is Article xx of GATT, which Professor Jackson puts in the third category of Universal Exceptions. A relatively fewer number of disputes have arisen in the GATT/WTO years wherein issues of Article XX have arisen. Nevertheless, the World Trade Organization has developed a three-step interpretation of the application of an Article xx defense: first, determining whether the measure in dispute is in the scope of the policy or national interest represented in the relevant paragraph (for example, protection of human, animal or plant life or health in paragraph b, or

Journal

Journal of World Investment and TradeBrill

Published: Jan 1, 2006

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