Author: Akhtamova, Yulduz

Annotation: 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.

Keywords: GATT Article XX, exception clause, cases, effectiveness of the Article XX.

Pages in journal: 211 - 219