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Exceptions

19 posts

More on USTR's View of GATT Exceptions in Relation to Non-GATT Goods Agreements

In a post from February on the U.S. - Origin Marking Requirements (DS597) case, I asked: "Is the U.S. really saying that Article XXI applies beyond the GATT?" Based on the U.S. first written submission in the case, the answer is a resounding yes. Here&

USTR's View of GATT Exceptions in Relation to Non-GATT Goods Agreements

At today's DSB meeting, the U.S. - Origin Marking Requirement (DS597) dispute was on the agenda. This dispute involves a complaint by Hong Kong against various U.S. measures requiring that goods produced in Hong Kong must be marked to indicate that their origin is "China.

GATT Article XX Exceptions to the TPP TBT Chapter

As far as I know, no responding party ever invoked GATT Article XX as a defense to a claim of violation of the TBT Agreement (although it would have been fun if they had), but given the various statements the Appellate Body has made recently on the interpretation of both

GATT Article XX an an Exception to the TBT Agreement

I was struck by this sentence from para. 5.56 of yesterday's China - Rare Earths Appellate Body report (made in the context of discussing the relationship between China's Accession Protocol and the Marrakesh Agreement/Multilateral Trade Agreements): Article XX of the GATT 1994 has been

GATT Article XX as a Defense to Non-GATT Agreements

Following up on posts here, here, here and here about GATT Article XX as a defense to claims under non-GATT agreements, this is from last Tuesday's China - Raw Materials panel report: 7.152 This brings us to the issue of whether Article XX of the GATT 1994

GATT Article XX and Non-GATT Agreements

A couple months ago, I mentioned that the China - Exportation of Raw Materials dispute was getting underway, and that I would come back to the dispute when GATT Article XX came up. USTR recently posted the complainants' oral statement in the case on its web site, and it

The AB in China - Publications: GATT Article XX Can Apply Outside the Context of Claims under the GATT

I'm going to have to take a look at this more closely to figure out all the implications, but the AB said the following in today's China - Publications decision: 215. ... We note that the question of whether the introductory clause of paragraph 5.1 allows

GATT Article XX and Non-GATT Agreements: Will We Get Some Answers in the China - Exportation Case?

There have been some brief references in the jurisprudence recently as to whether GATT Article XX provides an exception to agreements others than the GATT (see here and, to a lesser extent, here), but no substantive findings on the issue. The China - Exportation of Raw Materials case (DS394,395,

GATT Article XX as a Defense to Agreements Other Than the GATT

From today's China - Publications and Audiovisual Products report: 7.743 It is clear that the WTO Agreement includes the GATT 1994, and that the GATT 1994 includes Article XX(a). Nevertheless, China's invocation of Article XX(a) presents complex legal issues. We observe in this