- List of Contributors
- List of Abbreviations
- List of Cited GATT Panel and Working Party Reports and their Common Abbreviations
- List of Cited WTO Panel and Appellate Body Reports, Other Initiated WTO Disputes, and their Common Abbreviations
- Table of Cases
- The Evolution of the World Trading System – The Economic and Policy Context
- The Evolution of the World Trading System – The Legal and Institutional Context
- The Place of the WTO in the International System
- WTO Institutional Aspects
- Responding to National Concerns
- Regional Trade Agreements
- The Institutional Dimension
- Jurisdiction, Applicable Law, and Interpretation
- Procedural and Evidentiary Issues
- Standard of Review in WTO Law
- Remedies and Compliance
- The Limits of Judicial Processes
- Trade and Development
- Trade and Environment
- Trade and Labour
- Trade and Human Rights
- Trade and Health
- Trade and Investment
- Trade and Competition Policy
- WTO and Civil Society
- International Trade Law, United Nations Law, and Collective Security Issues
- Regulating Multinational Corporations and International Trade Law
- Law, Culture, and Values in the WTO – Gazing into the Crystal Ball
Abstract and Keywords
The search for the right balance between disciplining protectionist measures and allowing Members to maintain regulatory autonomy has characterized the evolution of the general agreement on tariffs and trade (GATT) rules — namely Articles I, III, XI, and XX GATT 1994, the TBT Agreement, and the SPS Agreement. All of these impose different regulatory constraints on government actions relating to standards, technical and sanitary regulations, etc. This article compares the disciplines on domestic regulation contained in each of these agreements, and provides an analysis of the conditions for application of each agreement. It discusses selected categories under various disciplines namely, necessity tests, internal consistency, harmonization. It identifies disciplines inherent and common to each set of provisions, compares them, discusses their interaction, and suggests some understandings.
Gabrielle Marceau is Legal Counsellor, Cabinet WTO Director-General Pascal Lamy, WTO Secretariat since 2005 after 11 years as Counsellor in WTO Legal Affairs Division advising panelists in WTO disputes. Ms. Marceau is also Associate Professor, Faculty of Law, University of Geneva.
Joel Trachtman is Professor of International Law at The Fletcher School of Law and Diplomacy, Tufts University.
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