...chapeau requires that the challenged trade measures not be applied in a manner which would constitute a means of arbitrary or unjustifiable discrimination...or a disguised restriction on international trade. The only provisions of Article XX which have been subjected to detailed legal analysis by WTO panels...

...GATT 1994, indicating that any measures under TRIPS necessary to protect health also cannot amount to 'arbitrary or unjustifiable discrimination between...or a disguised restriction on international trade'. 99 . WT/L/540 of 2 September 2003 . 100. Proposal for a Regulation of the European Parliament and of...

...crisis to be overcome in the short or medium term. Article XX of the GATT treaty says that: nothing in this Agreement shall be construed to prevent the...or enforcement by any contracting party of measures ... necessary to protect human ... life or health [or] relating to the conservation of exhaustible...

...XX(b), measures must nonetheless not be applied in a manner that constitutes arbitrary or unjustified discrimination between countries where the same conditions...or a disguised restriction on international trade exists. In interpreting the chapeau of Article XX, the Appellate Body has criticized a panel for ignoring...

...for the transfer of personal data to processors established in third countries (2002). 66 'nothing in this Agreement shall be construed to prevent the adoption or enforcement by any Member of measures (...) necessary to secure compliance with laws or regulations (...) including those...

...between countries where like conditions prevail, or a disguised restriction on trade in services, nothing in this Agreement shall be construed to prevent the adoption or enforcement by any Member of measures: (a) necessary to protect public morals or to maintain public order; (b) necessary...

...GATT. Subject to the requirement that such measures are not applied in a manner which would constitute a means of arbitrary or unjustifiable discrimination...between countries where the same conditions prevail. . . nothing in this Agreement shall be construed to prevent the adoption or enforcement by any contracting...

...elements that must be shown in establishing that a measure is applied in a manner that constitutes 'a means of arbitrary or unjustifiable discrimination...between countries where the same conditions prevail': First, the application of the measure must result in discrimination. As we stated in United States...

...required to establish to the Panel's satisfaction that the application of the measure does not constitute "a means of arbitrary or unjustifiable discrimination...between countries where the same conditions prevail". In US - Gasoline, the Appellate Body noted the difference between the burden of proof under the individual...

...manner which would constitute a means of arbitrary or unjustifiable discrimination between Members where the same conditions prevail or a disguised restriction on international trade; Desiring to improve the human health, animal health and phytosanitary situation in all Members; Noting...