All In Agreement No Exceptions

11 sept All In Agreement No Exceptions

It has been proposed that this approach is too restrictive and one scientist has criticized the « narrow textualist approach » by stating that silence should be considered as another means of interpretation. However, to remedy this situation, some scientists believe that the body has rightly failed to enforce Article XX to paragraph 11.3 and that it « is clearly not available as a defence ». [because it does not even refer to a single GATT article. » One compelling argument focuses on the idea that China`s refusal to avail itself of Article XX creates a « huge imbalance between rights and duties. [raise] serious constitutional issues. The general importance of the results of inapplicability in China – raw materials have also been identified, and in other cases it could result in exceptions to environmental protection. This dissertation will eventually argue that too much use of Article XX would exert « unnecessary violence for the fragile balance between trade facilitation and regulatory autonomy. » Opinions differ on the application by the Appellate Body of the general exceptions provided for in Article XX. On the one hand, groups have criticized the WTO for restricting general exceptions too much. . . .

No Comments

Sorry, the comment form is closed at this time.