The first twenty cases under GATT article XX: tuna or shrimp dear?

Book chapter


Moran, N. 2017. The first twenty cases under GATT article XX: tuna or shrimp dear? in: Adinolfi, G., Baetens, F., Caiado, J., Lupone, A. and Micara, A. (ed.) International Economic Law: contemporary issues Switzerland Springer International Publishing. pp. 3-21
Chapter titleThe first twenty cases under GATT article XX: tuna or shrimp dear?
AuthorsMoran, N.
Abstract

When the general exceptions to the GATT have been invoked before the Appellate Body, they have only been deemed a legitimate defence in two cases since the inception of the WTO and its Dispute Settlement Body in 1995. This article analyses why so many defences taken under the general exceptions to the GATT have failed and whether this low success rate is indicative of a priority being given to market access over public policy objectives at the WTO. In August 2014, the Appellate Body issued its twentieth report in a case appealed under the general exceptions. These first twenty reports are analysed to see which stage of the two-tier test measures have failed and why they have failed.
To better understand Article XX’s context, this article first examines its historical evolution and recent interpretations of its two-tier test. It then turns to application of the two-tier test and why measures have failed the necessity test or failed to comply with Article XX’s chapeau (the two elements of Article XX’s two-tier test).
Finally, in light of Article XX’s case law and how the two-tier test has been interpreted, it considers whether the Appellate Body is striking the right balance between Members’ substantive rights and Members’ rights to pursue public policy objectives under the general exceptions.

Research GroupLaw and Politics
LanguageEnglish
Page range3-21
Book titleInternational Economic Law: contemporary issues
EditorsAdinolfi, G., Baetens, F., Caiado, J., Lupone, A. and Micara, A.
PublisherSpringer International Publishing
Place of publicationSwitzerland
ISBN
Hardcover9783319446448
Paperback9783319831022
Electronic9783319446455
Publication dates
Online30 Dec 2016
Print06 Jan 2017
Publication process dates
Deposited22 Nov 2019
Accepted01 Jan 2016
Output statusPublished
Accepted author manuscript
Copyright Statement

This is an accepted version of a chapter published in International Economic Law: contemporary issues. The final authenticated version is available online at: http://dx.doi.org/10.1007/978-3-319-44645-5_1

Digital Object Identifier (DOI)https://doi.org/10.1007/978-3-319-44645-5_1
JournalInternational Economic Law - Contemporary Issues. Springer, Cham, 3-21
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