| Jochem Wiers - 2003 - 520 páginas
...protectionist application in Article 111:2, second sentence, and possibly in Article 111:4. The elements of 'arbitrary or unjustifiable discrimination between countries where the same conditions prevail' leave no doubt that there is a discrimination test in the chapeau to Article XX. Considering the interpretation... | |
| Janusz Bielecki, Melaku Geboye Desta - 2004 - 374 páginas
...otherwise inconsistent with GATT are found to fall within Article XX paragraph (b) or (g), they are still "subject to the requirement that such measures are...or a disguised restriction on international trade". Existing WTO jurisprudence shows that it is very difficult to justify discriminatory trade restrictions... | |
| 2004 - 196 páginas
...to international trade but to domestic production as well . The chapeau of Article XX also contains the requirement that "such measures are not applied...or a disguised restriction on international trade . " Additionally, the preamble to the WTO treaty states that "sustainable development" is one of the... | |
| Abdulqawi A. Yusuf - 2004 - 786 páginas
...article XX, the so-called chapeau, which states that they can be held compatible with the GATT provided that: such measures are not applied in a manner which...or a disguised restriction on international trade. 60 On the basis of the above mentioned "general exceptions", the GATT/WTO dispute settlement authorities... | |
| Brian Hocking, Steven McGuire - 2004 - 348 páginas
...or of the environment at the levels it considers appropriate, subject to the requirement that they are not applied in a manner which would constitute...or a disguised restriction on international trade, and are otherwise in accordance with the provisions of the WTO Agreements. We welcome the WTO's continued... | |
| Federico Ortino, Ernst-Ulrich Petersmann - 2004 - 632 páginas
...of deceptive practices, at the levels it considers appropriate, subject to the requirement that they are not applied in a manner which would constitute...or a disguised restriction on international trade, and are otherwise in accordance with the provisions of this Agreement.". GATT, there is no obligation... | |
| Martin Senftleben - 2004 - 358 páginas
...the General Agreement under the condition that measures concerning intellectual property protection 'are not applied in a manner which would constitute...prevail, or a disguised restriction on international trade'.433 The reason for the insertion of the intellectual property system into the framework of the... | |
| Lars Albath - 2004 - 299 páginas
...reaching this objective. Likewise, the literature has not yet reached consent when a measure is (...) applied in a manner which would constitute a means...or a disguised restriction on international trade (...) in the sense of Art. XX GATT. Some voices in the literature fear that domestic environmental... | |
| Lyuba Zarsky - 2005 - 236 páginas
...the opening paragraph to Article XX (the chapeau), which demands that the measures in question not be 'applied in a manner which would constitute a means...or a disguised restriction on international trade'. In other words, GATT will allow exceptions, but the drafters wanted to make sure that the exceptions... | |
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