Remarks by Tania Voon

In: Proceedings of the ASIL Annual Meeting, Band 112, S. 65-65

Abstract

The WTO general exceptions are crucial provisions that recognize that in
some circumstances non-trade objectives will trump trade liberalization.
That recognition flows from the fact that trade liberalization per se is not
the purpose of the WTO; rather, trade liberalization is a means to achieve
other objectives as specified in the preamble to the Marrakesh Agreement
Establishing the World Trade Organization, such as raising standards of
living and ensuring full employment. The predominant view is that the
general exceptions are extremely difficult to satisfy. Indeed, I am aware of
only three instances in which a respondent has successfully invoked GATT
Article XX; of these, two are compliance proceedings, and one of those is
under appeal. However, challenged measures typically fail to satisfy the
requirements of the Article XX chapeau because
they are discriminatory, and removing that discrimination provides a means
of benefiting from the exception.