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14 Sep 2011, 5:59 am by Joost Pauwelyn
XX exception in TBT, I have long wondered how to read TBT 2.1 (national treatment) with TBT 2.2 (necessity) (see my case book with A. [read post]
13 Sep 2010, 7:37 am by Simon Lester
  Here's what I said on this blog about the AB's findings in that case right after the report came out:  What does this mean for GATT Article XX as a defense to claims under other WTO agreements? [read post]
8 Aug 2014, 7:28 am by Simon Lester
 Instead, I read them as saying, basically, that the TBT Agreement does not have an equivalent to Article XX. [read post]
28 May 2014, 8:24 am by Simon Lester
 If one part of the measure is discriminatory, and violates the rules (including the chapeau), what difference does it make if the broader measure meets one of the Article XX objectives? [read post]
5 Sep 2011, 6:22 am by Simon Lester
APPEAL OF THE PANEL'S FINDING THAT CHINA DOES NOT HAVE THE RIGHT TO INVOKE ARTICLE XX OF THE GATT 1994 IN DEFENSE OF A CLAIM UNDER PARAGRAPH  11.3 OF CHINA'S ACCESSION PROTOCOL 9. [read post]
28 May 2014, 5:47 am by Simon Lester
A lot of the discussion on the Seal Products case in previous posts highlights the difficulty of reconciling the various WTO non-discrimination obligations:  GATT Articles I:1 and III:4; GATT Article III:4 and TBT 2.1; the GATT Article XX chapeau and TBT 2.1; etc. [read post]
4 Dec 2007, 9:11 pm
In this case, Article XX was invoked to justify an Article XI violation, and the Panel skipped the examination of Articles I and III claims on the ground of judicial economy. [read post]
23 Jun 2007, 7:55 pm
I believe the most significant contribution of the Panel decision is the new ground it developed for interpreting the chapeau of GATT Article XX. [read post]
29 Nov 2007, 9:14 am
"  However, this appeal is a "conditional" one, as the EC only asks the AB to address it if the AB does not find, as requested by the EC, that the Mercosur exemption leads to a finding that the ban is inconsistent with the chapeau of GATT Article XX. [read post]
16 Jun 2023, 8:50 am by Christie D. Arkovich, P.A.
I just became aware of a new procedure to provide “an intent to separate a joint consolidation loan” when a client received this: As you are already aware, you and XX have a FFEL Joint Consolidation Loan. [read post]
2 Jun 2013, 1:53 am
OHIM has made several attempts to adopt it, currently now amending a class XX heading on the applicant’s request to the totality of the wording of the class XX heading and the class XX alphabetical list, with no apparent concern on broadening. [read post]
25 Dec 2012, 8:51 am
How does it turn out, after a scientific analysis possible only in the late twentieth century, that the stains on both cloths lack a key genetic identifier for maleness? [read post]
30 Jun 2013, 3:12 am by Jon Gelman
In order to maintain the intended tariff treatment for certain products covered in Schedule XX, I have determined that technical corrections to the HTS are necessary. 13. [read post]