Abstract
The Multilateral Trade System has dealt multiple times with measures that violate the International Trade rules and the general notion of free strade, in favour of protectionism. The latter has mainly occurred under the disguise of legitimate regulatory concerns and non-trade values, such as environmental protection or promotion of domestic moral values. In light of these circumstances, the Appellate Body has examined in a wide variety of cases how the different provisions of the GATT 1994 scrutinize such instances, mainly in light of the Article III of the GATT 1994, i.e. the national treatment obligation, and the degree of regulatory freedom to adopt such measures, mainly in light of Article XX of the GATT 1994. Yet, notwithstanding the vast jurisprudential practice, it seems that the WTO Adjudicating Bodies have not clearly drawn the line of “permissible" regulatory protectionism that each provision of Article III provides for, as well as the exact point at which protectionism becomes a corroding element in justifying violations of Article III, in the general exception of Article XX. In this regard, this article tries to find this line by applying the “theory of inherent balance” a established by WTO jurisprudence.
Recommended Citation
Tokas, Marios
(2019)
"Hanging in the Balance: The Prohibition of Protectionism in Article III and XX of the GATT 1994 in Light of the “Inherent Balance” Theory,"
Indian Journal of International Economic Law: Vol. 11, Article 10.
Available at:
https://repository.nls.ac.in/ijiel/vol11/iss1/10