Abstract

The Chapeau contains two elements, one of an affirmative nature stating that nothing in this Agreement shall be construed to prevent adoption or enforcement by any contracting party of measures ..., and one formulating a condition subjecting these measures to requirement that such measures are not applied in a manner which would constitute a means of arbitrary or unjustifiable discrimination between countries where same conditions prevail, or a disguised restriction on international trade. The Appellate Body report on US-Shrimp characterized task of interpreting Chapeau as the delicate one of locating and marking out a line of equilibrium between right of a Member to invoke an exception under Article XX and rights of other Members under varying substantive provisions ... of General Agreement on Tariffs and Trade (GATT) 1994. Keywords: Appellate Body; General Agreement on Tariffs and Trade; general exceptions; international trade

Full Text
Paper version not known

Talk to us

Join us for a 30 min session where you can share your feedback and ask us any queries you have

Schedule a call

Disclaimer: All third-party content on this website/platform is and will remain the property of their respective owners and is provided on "as is" basis without any warranties, express or implied. Use of third-party content does not indicate any affiliation, sponsorship with or endorsement by them. Any references to third-party content is to identify the corresponding services and shall be considered fair use under The CopyrightLaw.