...clause) to Art. XX, which requires that such measures not be applied in a manner that would constitute a means of arbitrary or unjustifiable discrimination...or a disguised restriction on international trade. 34. Understanding on Rules and Procedures Governing the Settlement of Disputes, supra n. 5, Art. 1...

...public policy objectives, provided that the measures are not "applied in a manner which would constitute a means of arbitrary or unjustifiable discrimination...prevail or a disguised restriction on international trade."[139] Specifically relevant to legislation involving prescription drugs is Article XX(b), which...

...issues.468 First, the declaration emphasizes the 465 GATT Article XX provides in relevant part, "nothing in this Agreement shall be construed to prevent the...enforcement by any contracting party of measures: . . . (d) necessary to secure compliance with laws or regulations which are not inconsistent with the...

...that: Subj ect 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, or disguised restriction on international trade nothing in this Agreement shall be construed to prevent...

...the threshold inquiry of the GATT Article XX chapeau, namely, that SPS measures must not constitute a means of arbitrary or unjustifiable discrimination...between countries where the same conditions prevail, and must not constitute a disguised restriction on international trade. 12 An importing country's failure...

...measures to achieve the ends set out in its subparagraphs not be applied in a manner that would constitute a means of arbitrary or unjustifiable discrimination...between countries where the same conditions prevail. lla Eg in the Thailand - Cigarettes case. 11L But which will nevertheless be used here for the sake...

...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...

...not established 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". 4. Summary of Findings on Article XX 7.236 For the reasons discussed in paragraphs 7.195-7.235, the...

...1994, it may still fail exemption pursuant to the chapeau of Article XX GATT 1994, if it constitutes an 'arbitrary or unjustifiable discrimination between countries where the same conditions prevail', or where it constitutes a 'disguised restriction on international trade' . These tests were not applied...

...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...