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18 Dec 2022, 3:29 am by Simon Lester
Does the U.S. think that some or all of these measures should be found not to violate Article III:4, or should be considered to fall within the Article XX exception? [read post]
18 Dec 2022, 3:29 am by Simon Lester
Does the U.S. think that some or all of these measures should be found not to violate Article III:4, or should be considered to fall within the Article XX exception? [read post]
20 Apr 2021, 5:02 pm by Simon Lester
I see no textual reason for Article XX to apply differently to violations of Article III as opposed to Article. [read post]
1 Oct 2007, 6:04 pm
  Canada has made claims under GATT Articles I, III:4, V and XI:1. [read post]
5 May 2015, 1:50 pm by Simon Lester
 But it's worth noting that Article XX does not always use "necessary," sometimes using "relating to" or other formulations. [read post]
31 Oct 2006, 11:18 am
According to the Shrimp-Turtle jurisprudence, the legal obstacle for a country wishing to impose a ban on  imports on environmental grounds by invoking Article XX of GATT 94 does not come from the fact that the natural resources that it wants to protect are located outside its jurisdiction or the fact that it invokes unilaterally decided environmental standards. [read post]
29 Apr 2013, 2:12 pm by Rob Howse
  But, given their specific aims and the case law on the meaning of XX(g), measures in question clearly fall within XX(g) of the GATT not XX(a), based on a reading of those provisions that follows Vienna Convention Article 31. [read post]
22 Apr 2008, 5:21 am
I support the environmental benefits that come from decreased dependence on cars. [read post]
22 Aug 2009, 10:09 pm
The Protocol does not contain any general policy exception, and China invoked GATT Article XX(a) as a defense for its apparent breach of the trading rights obligation. [read post]
14 Apr 2022, 12:39 pm by Neil H. Buchanan
  Yes, professors like me are employed by "the State of Florida," but that does not mean that we are supposed to do what the governor tells us to do, as if he were our boss in a typical workplace. [read post]
19 Mar 2014, 10:04 am by Rob Howse
Howse, Sykes, and I responded to this argument at length in our amicus brief filed in the Seal Products dispute. [read post]