Chapter Six. Substantive And Procedural Conditions For The Invocation Of Art XX GATT And Art XIV GATS

Abstract

This chapter examines the substantive and procedural requirements which govern the invocation of Art XX GATT and Art XIV GATS. It provides the required relationship between non-economic objectives and the specific measure adopted by World Trade Organization (WTO) members to pursue those objectives. The requirements discussed in the chapter set out detailed and demanding conditions to be met by WTO members in the application of their national measures. The chapter presents the evolution of necessity test under Art XX GATT and Art XIV GATS. It also examines the necessity test in WTO law against the background of similar tests (proportionality and necessity) in EC free movement law and in general legal theory. The chapter focuses on the principle of proportionality in EC free movement law. It discusses unilateral and extraterritorial trade measures mainly from the perspective of general international law.Keywords: Art XIV GATS; Art XX GATT; EC free movement law; invocation; procedural conditions; substantive conditions; World Trade Organization (WTO) law