Treaty interpretation and the development of international trade law by the WTO Appellate Body

2006 ◽  
pp. 24-24 ◽  
Keyword(s):  
International Trade ◽  
Trade Law ◽  
International Trade Law ◽  
Appellate Body ◽  
Treaty Interpretation ◽  
Wto Appellate Body

Part II Substantive Aspects, Ch.22 National Treasures at the Intersection between Cultural Heritage and International Trade Law

2020 ◽  
Author(s):  
Voon Tania
Keyword(s):  
International Trade ◽  
Cultural Property ◽  
Control Measures ◽  
Illicit Trade ◽  
Trade Law ◽  
International Trade Law ◽  
Appellate Body ◽  
National Treasures ◽  
Wto Appellate Body ◽  
Definition Of

This chapter analyses the extent to which international trade law accommodates the export and import control measures that States commonly adopt in order to prevent illicit trade in cultural property in accordance with the 1970 UNESCO Convention. It examines the exception for ‘national treasures’ found in World Trade Organization (WTO) law and other international economic agreements. The definition of cultural property in the relevant UNESCO treaty is not necessarily identical to the meaning of national treasures in WTO law. Moreover, the WTO Appellate Body has shown reluctance to apply non-WTO law in determining WTO disputes, so a conflict between UNESCO and WTO provisions or domestic regulations might not necessarily be resolved as expected. This conclusion provides one example of the limitations of the current Appellate Body approach to international law and suggests, with respect to cultural property, that closer alliance in treaty drafting may be required to enhance coherence.

Animal Welfare and the Wto: The Legality and Implications of Live Export Restrictions under International Trade Law

2014 ◽  
Vol 42 (2) ◽  
pp. 279-307 ◽  
Author(s):  
Radhika Chaudhri
Keyword(s):  
International Trade ◽  
Animal Welfare ◽  
Export Trade ◽  
The Public ◽  
Trade Law ◽  
International Trade Law ◽  
Appellate Body ◽  
Export Restrictions ◽  
Set Up ◽  
Live Export

In Australia, controversial incidents regarding the treatment of live animals exported from Australia spark regular debate on whether the live export trade should be banned or more tightly regulated. Government responses to public outcry often take the form of restrictions on the trade of the animals concerned, but the legality of unilateral measures of this kind is yet to be directly considered by the World Trade Organization's Appellate Body. This article examines the legality of imposing restrictions on live export under the international trade law regime set up by the General Agreement on Tariffs and Trade 1994 (‘GATT’),1 and in particular, whether such measures could be justified under Article XX. In exploring this question, special attention is given to the Australian government's new regulatory framework, as introduced by the Export Control (Animals) Amendment Order 2012 (No 1), which imposes an exporter supply chain assurance obligation on Australian suppliers. In addition, in light of the continued calls from animal welfare groups to ban the trade entirely, the legality of a complete moratorium on live exports will also be considered. Although the exceptions in Articles XX(b) and XX(g) of the GATT appear to be relevant to live exports, ultimately any regulation might be best supported under the ‘public morals’ exception in Article XX(a). However, care will need to be taken in the design of any restriction to avoid breaching the strict chapeau requirements of Article XX.

Flexibilities in WTO Law to Support Tobacco Control Regulation

2013 ◽  
Vol 39 (2-3) ◽  
pp. 199-217 ◽  
Author(s):  
Tania Voon
Keyword(s):  
Tobacco Control ◽  
Health Impact ◽  
The United States ◽  
Control Measures ◽  
Careful Examination ◽  
Trade Law ◽  
International Trade Law ◽  
Appellate Body ◽  
Tobacco Regulation ◽  
Wto Appellate Body

Cases concerning the regulation of tobacco have long existed within the World Trade Organization (WTO) and its predecessor, the General Agreement on Tariffs and Trade 1947 (GATT 1947), although often these cases have not centered on the detrimental health impact of tobacco products. With the 2012 circulation of the Report of the WTO Appellate Body in U.S.—Clove Cigarettes, the potential friction between international trade law and tobacco regulation in the context of public health has come to the fore. In that Report, the Appellate Body found in part against the United States’ flavored cigarette ban. Combined with the ongoing WTO challenges to mandatory plain tobacco packaging in Australia—Tobacco Plain Packaging, governments might begin to fear that the WTO agreements represent an insurmountable barrier to ambitious tobacco control measures. However, careful examination of the Clove Cigarettes case alongside the two other recent Appellate Body Reports (U.S.—Tuna II (Mexico)5 and U.S.—COOL6) on the WTO's Agreement on Technical Barriers to Trade (TBT Agreement)7 demonstrates that the TBT Agreement has ample flexibility to accommodate health objectives underlying tobacco regulation.

Sources of International Trade Law

2018 ◽  
Author(s):  
Donald H. Regan
Keyword(s):  
International Trade ◽  
Vienna Convention ◽  
Standard Source ◽  
Trade Law ◽  
International Trade Law ◽  
Treaty Interpretation ◽  
The Law ◽  
The Individual

International trade law is overwhelmingly treaty-based. For practical purposes, the unique traditional ‘source’ of WTO law is the WTO treaty. But treaties require interpretation, and there are many controversial questions about what might be called the ‘sources for treaty interpretation’. What materials can be used to interpret a treaty, and how are they to be used? The standard source for answering these questions, especially in the WTO, is the Vienna Convention on the Law of Treaties (VCLT). This chapter discusses a fundamental, and largely overlooked, question about the structure of the VCLT—the rationale of the distinction between Articles 31 and 32 of the VCLT. The answer is central to understanding the individual provisions of these Articles.

Risky Apples Again? Australia – Measures Affecting the Importation of Apples from New Zealand

2010 ◽  
Vol 1 (4) ◽  
pp. 437-443 ◽  
Author(s):  
Alessandra Arcuri ◽  
Lukasz Gruszczynski ◽  
Alexia Herwig
Keyword(s):  
International Trade ◽  
New Zealand ◽  
International Law ◽  
Scientific Evidence ◽  
Risk Regulation ◽  
Trade Law ◽  
International Trade Law ◽  
Appellate Body ◽  
General Exceptions ◽  
Gatt 1994

The section on WTO law highlights the interface between international trade law and national risk regulation. It is meant to cover cases and other legal developments regarding the SPS, TBT and TRIPS Agreements and the general exceptions in both GATT 1994 and GATS as well as to inform about pertinent developments in recognized international standardization bodies and international law. Of recurrent interest in this area are questions of whether precautionary policies can be justified under WTO law, the standard of review with which panels and the Appellate Body assess scientific evidence and the extent to which policy can and should influence risk regulation.

Fragmentation in international trade law: insights from the global investment regime

2013 ◽  
Vol 12 (4) ◽  
pp. 621-652 ◽  
Author(s):  
ADRIAN M. JOHNSTON ◽  
MICHAEL J. TREBILCOCK
Keyword(s):  
International Trade ◽  
Dispute Settlement ◽  
Legal Framework ◽  
International Investment ◽  
Institutional Dynamics ◽  
Trade Regime ◽  
Trade Relations ◽  
Trade Law ◽  
International Trade Law ◽  
Treaty Interpretation

AbstractWith World Trade Organization negotiations stagnant, and preferential trade agreements (PTAs) rapidly proliferating, international trade relations are shifting markedly toward bilateralism. The resulting fragmentation in the international trade regime poses serious risks to economic welfare and the coherence of international trade law. Similar challenges have been faced in the international investment regime, which is comprised of a highly fragmented network of bilateral investment treaties (BITs). However, scholars have identified several mechanisms that promote harmonization in the international investment regime. Among these are cross-treaty interpretation in dispute settlement and the inclusion of most-favoured nation (MFN) clauses in BITs. This paper assesses the scope for these two mechanisms to emerge in the international trade regime by comparing the legal framework, institutional dynamics, and political economy of the trade and investment regimes. The analysis suggests that cross-treaty interpretation is likely to emerge in the trade regime as PTA dispute settlement activity increases and that greater use of MFN clauses in PTAs is a viable possibility. These developments would mitigate the effects of fragmentation and advance harmonization in the international trade regime.

Sign in / Sign up

Export Citation Format

Share Document