Abstract
The report of the Appellate Body of the WTO Dispute Settlement Body in China – Publicationstouches new ground by ruling on a few key legal issues. Its significance and ramifications go well beyond the present case and may influence subsequent WTO jurisprudence relating to the distinction between goods and services, trading rights commitments and availability of General Agreement on Tariffs and Trade (GATT) Article XX defense, etc. Nevertheless, the Appellate Body report has its shortcomings, especially in relation to what the author views to be a flawed interpretation of GATT Article XX(a). This paper argues for the Appellate Body abandoning the present interpretive approach in favour of a truly holistic and integrated analytical framework in its future jurisprudence.
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