... is here: http://www.worldtradelaw.net/na/ds398-10(na).pdf Here's one aspect I'll be watching closely:
III. APPEAL OF THE PANEL'S FINDING THAT CHINA DOES NOT HAVE THE RIGHT TO INVOKE ARTICLE XX OF THE GATT 1994 IN DEFENSE OF A CLAIM UNDER PARAGRAPH 11.3 OF CHINA'S ACCESSION PROTOCOL
9. China appeals the Panel's erroneous interpretation and application of Paragraphs 1.2 and 11.3 of China's Accession Protocol and Paragraphs 170 and 342 of China's Working Party Report as not according China the right to invoke Article XX of the GATT 1994 in defense of a claim under Paragraph 11.3 of China's Accession Protocol and Paragraph 170 of China's Working Party Report.
10. As a result of these errors, China requests that the Appellate Body reverse the Panel's findings, in paragraphs 7.158; 7.159; 8.2 (b)-(c); 8.9 (b)-(c) and 8.16 (b)-(c) of the Panel Report, that China may not seek to justify export duties pursuant to Article XX of the GATT 1994.
There's still a lot of uncertainty as to whether GATT Article XX can be invoked as a defense to various non-GATT agreements. Perhaps the Appellate Body will provide some further clarifications.
