LAW 724 Lecture Notes - Lecture 5: Marine Mammal Protection Act, Seine Fishing, General Agreement On Tariffs And Trade
30 Nov 2018
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Chapter 5: general exceptions: focus on trade and the environment. Step 1: identify the trade measure(s) at issue: tariff; quantitative restrictions; taxes; regulatory requirements; subsidies; dumping. Step 2: ask whether there is a gatt violation: binding concessions rule, mf, national treatment principle, ban on non-tariff barriers. Step 3: ask whether the violation is justified under gatt: art. Focus: trade and environment : many regulatory measures are intrinsically ambiguous they can be regarded at the same time as environmental measures and trade limitations. Gatt exceptions: art xx (a), (b) and (g) Subject to the requirement that such measures are not applied in a manner which would constitute. 1) a means of arbitrary or unjustifiable discrimination between countries where the same conditions prevail, or. 2) a disguised restriction on international trade. Summary: art xx list of legitimate policy objectives: necessity test, arbitrary or unjustifiable discrimination, disguised restriction on international trade.
