DOES GATT ARTICLE XX PROVIDE MEMBERS SUFFICIENT SCOPE TO PROTECT IMPORTANT PUBLIC POLICY GOALS?

Аннотация

Trade liberalization, non-discrimination and market access rules constitute primary principles of the World Trade Organization (WTO) law, which impose certain obligations on its member states. In particular, the General Agreement on Tariffs and Trade (GATT) 1994 is a main source of WTO law that embodies laws of MFN treatment (Article I), general elimination of quantitative restrictions (Article IX) along with other trade liberalization rules and sets disciplines for its signatories. However, trade-related goals and interests do not necessarily coincide with non-economic concerns and objectives such as environmental protection and animal welfare. Thus, member states are likely to adopt trade-restrictive regulations and measures in order to protect those non-trade values, which may result in breach of their WTO commitments. This article examines the scope of Article XX in the light of its applicability to WTO obligations other than the GATT when non-trade values such as environmental protection is at issue; secondly, it analyzes two-tier test of Article XX with reference to paragraphs (b) and (g) so as to find out whether a proper balance is struck by DSB.