Published online by Cambridge University Press: 05 June 2011
The legal analysis de lege lata has shown that perhaps contrary to the conventional view, the WTO Agreements offer considerable flexibility concerning NPA measures. Since states will often find it sufficient to publish information on PPMs on products or to adopt other information requirements that producers must adhere to, the TBT Agreement is of great importance. Although this has not yet been confirmed in dispute settlement, the TBT Agreement has enormous potential to render a large number of NPA measures, namely, labelling requirements concerning unincorporated PPMs, legal under WTO law. Also, even though most NPA measures would fall foul of GATT obligations, the general exceptions offer scope for finding many genuine NPA measures legal. The adjudicatory bodies will most probably proceed in interpreting the general exceptions with an evolutionary approach. Since several provisions in Article XX contain generic terms, as is most obvious in the case of the moral exception, many NPA measures that are used to implement internationally recognized public policies can be justified. Of equal importance are the findings on the principle of special and differential treatment for developing countries. This principle, if taken seriously, establishes that NPA measures take into account adequately the concerns of affected developing countries. Only if the conditions emerging from this principle are fulfilled, may NPA measures be covered by one or another of the particular exceptions.
To save this book to your Kindle, first ensure [email protected] is added to your Approved Personal Document E-mail List under your Personal Document Settings on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part of your Kindle email address below. Find out more about saving to your Kindle.
Note you can select to save to either the @free.kindle.com or @kindle.com variations. ‘@free.kindle.com’ emails are free but can only be saved to your device when it is connected to wi-fi. ‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply.
Find out more about the Kindle Personal Document Service.
To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Dropbox.
To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.