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III - Outlook: new perspectives on the legal status of NPA measures

Published online by Cambridge University Press:  05 June 2011

Christiane R. Conrad
Affiliation:
Universität Bremen
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Summary

The legal analysis de lege lata has shown that perhaps contrary to the conventional view, the WTO Agreements offer considerable flexibility concerning NPA measures. Since states will often find it sufficient to publish information on PPMs on products or to adopt other information requirements that producers must adhere to, the TBT Agreement is of great importance. Although this has not yet been confirmed in dispute settlement, the TBT Agreement has enormous potential to render a large number of NPA measures, namely, labelling requirements concerning unincorporated PPMs, legal under WTO law. Also, even though most NPA measures would fall foul of GATT obligations, the general exceptions offer scope for finding many genuine NPA measures legal. The adjudicatory bodies will most probably proceed in interpreting the general exceptions with an evolutionary approach. Since several provisions in Article XX contain generic terms, as is most obvious in the case of the moral exception, many NPA measures that are used to implement internationally recognized public policies can be justified. Of equal importance are the findings on the principle of special and differential treatment for developing countries. This principle, if taken seriously, establishes that NPA measures take into account adequately the concerns of affected developing countries. Only if the conditions emerging from this principle are fulfilled, may NPA measures be covered by one or another of the particular exceptions.

Type
Chapter
Information
Processes and Production Methods (PPMs) in WTO Law
Interfacing Trade and Social Goals
, pp. 423 - 426
Publisher: Cambridge University Press
Print publication year: 2011

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