The panel report in the Brazil-Tyres case is out. In this important case involving environmental justification for Brazil's import ban on used tires, the panel found that while Brazil's measure is "necessary" within the meaning of GATT XX(b), it does not satisfy the requirements of the chapeau of Article XX. "The Panel finds that the importation of used tyres through court injunctions results in the import ban being applied in a manner that constitutes a means of unjustifiable discrimination and a disguised restriction to trade within the meaning of the chapeau of Article XX."
There will be lots more to discuss, including especially how the panel treated MERCOSUR law and Brazil's obligations thereunder.
