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1 Jul 2012, 11:21 am
The answer depends on what you expect from the TBT jurisprudence. [read post]
25 Feb 2010, 5:43 am
Finally, Canada was invited to amend this measure according to its obligations under the TBT Agreement. 9. [read post]
31 Jul 2013, 9:27 am
The European Union considers that the TBT Agreement and the GATT 1994 must be read together in a consistent manner. [read post]
16 Nov 2015, 5:33 am
So for a complaint brought under the TPP's TBT chapter based on WTO TBT obligations, it seems as though the GATT Article XX exceptions could be used as a defense. [read post]
3 Jul 2012, 12:46 pm
What struck me the most reading the recent AB report on COOL, is how, for the third time in a row, the AB found a violation of discrimination (under TBT Art. 2.1), but shied away from finding the measure “more trade restrictive than necessary” (pursuant to TBT Art. 2.2). [read post]
25 Mar 2012, 5:30 am
Here are some dates for those waiting for the Appellate Body to explain key provisions of the TBT Agreement: - The Clove Cigarettes report will be circulated on schedule by April 4. - The Appellate Body will need a little more than the usual 90 days in the Tuna-Dolphin case, with the report to be circulated by May 16. [read post]
21 Mar 2014, 6:00 am
But the TBT rules go beyond that, and deal with government regulations, too. [read post]
3 Feb 2014, 9:35 am
Fourth, the interpretation suggested by the Panel would render Article 2.1 of the TBT Agreement irrelevant. [read post]
19 Apr 2013, 6:38 am
Both Canada and Norway argue that the legal analysis under Articles I:1 and III:4 of the GATT 1994 is fundamentally different from the analysis that the Panel has to make under Article 2.1 of the TBT Agreement. [read post]
4 Sep 2014, 8:30 am
So what, if anything, does this alternative language for what became TBT Agreement Article 2.2 tell us about its meaning? [read post]
25 May 2014, 4:13 am
Which means it is inherently incapable of being assessed under TBT, given the crucial role that the notion of risk plays in TBT 2.2. [read post]
20 Apr 2015, 11:22 am
This is from ACWL lawyer Jan Bohanes: there is evidence that the existing—and in my view correct—perception that claims under Article 2.2 of the Agreement on Technical Barriers to Trade (TBT Agreement) are extremely difficult to win is having a deterrent effect on potential complainants pondering whether to bring claims under this provision. [read post]
24 Aug 2023, 1:09 am
Related Stories#TBT - Dreamer. [read post]
27 Feb 2014, 5:46 am
In the TBT context, many terms and concepts have been offered up in this regard. [read post]
25 Nov 2013, 9:39 am
Understandably, the panel appeared to follow the recent Appellate Body jurisprudence on the TBT cases. [read post]
23 Mar 2012, 5:24 pm
. - COOL, here are two views of the scope of TBT 2.2. [read post]
16 May 2012, 5:36 pm
Maybe Joost was right when he suggested that the Appellate Body was going to treat GATT III:4 differently from TBT 2.1. [read post]
15 Nov 2011, 5:13 pm
It cited evidence that these measures work, noted that the bill has been amended in response to comments and concluded that the bill conforms to WTO agreements, including TBT. [read post]
18 Sep 2011, 6:26 pm
Consequently, the Panel finds that the US dolphin-safe provisions are inconsistent with Article 2.2 of the TBT Agreement. [read post]
19 Mar 2014, 3:24 am
Of what relevance are these to TBT 2.2 (as opposed to 2.1)? [read post]