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Unsolved Problems And Implications For The Chapeau Of Gatt Article XX After The Reformulated Gasoline Case

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Chapter Summary

This chapter focuses on the introductory clause (also called "the chapeau") of Article XX of the General Agreement of Tariffs and Trade (GATT), which has come to play a critical role in deciding the relationship between trade and the environment. Although the word "environment" is not used, Article XX may be applied to justify environmentally inspired rules that conflict with other provisions of GATT. The chapter briefly reviews the basic structure of GATT and prior practices including the facts of the Gasoline case and the Shrimp-Turtle case. The Appellate Body in the Shrimp Turtle case generally followed the decision in the Gasoline case and characterized the chapeau more clearly as "but one expression of the principle of good faith. The chapter also discusses interpretative problems raised in the Gasoline case and further evolution of the law in the Shrimp-Turtle case. Finally, it explains the limitation of the chapeau.

Keywords: chapeau of Article XX; Gasoline case; General Agreement of Tariffs and Trade; Shrimp-Turtle case



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