Chapter 9. A New Analytical Framework

Abstract

This chapter illuminates that by dividing trade measures into the three categories (internal measures, non-product (NPR)-related product or production methods (PPMs) and PR-PPMs), the analysis of GATT Article XX is easier to understand. This division of measures provides a systematic analytical framework for the analysis of the sub-sections and the chapeau analysis. The analysis initially concludes that PPMs are not in violation of any norms in general international law. Moreover, it clarifies that PPMs or other trade measures cannot be considered remedies. In the understanding of PPMs, the chapter illuminates that the policies of the PR-PPMs are inwardly directed, whereas the policies of the NPR-PPMs are outwardly directed. Therefore, when analyzing the policy and evaluating it for purposes of categorizing it as an important or unimportant policy, the NPR-PPM cannot point to the policy being aimed at protecting something within the jurisdiction of the country enacting the trade measure.Keywords: internal measures; NPR-PPMs; PR-PPMs; product or production methods (PPMs)