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Synopsis and References of the Case

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Chapter Summary

This chapter deals with the Indian complaint against Turkey related to certain quantitative restrictions unilaterally imposed on several categories of Indian textile products as from 1 January 1996. These measures were taken in implementation by Turkey of its customs union with the European Communities (EC). Whereas India relied on Articles XI and XIII of the GATT 1994 and Article 2:4 of the Agreement on textiles and clothing, the issue concerning the effect of Article XXIV of the GATT 1994, was raised by Turkey as a defence. Turkey appealed against the rejection of affirmative defence by the Panel. Contrary to the Panel, the Appellate Body asserted shared competence concerning the analysis of regional trade agreements with the Committee on Regional Trade Agreements. This case allowed the Appellate Body to lay down a derogatory regime for measures adopted within the framework of customs unions as long as certain conditions are fulfilled.

Keywords: Appellate Body; clothing products; European Communities (EC); Indian textile products; Turkish textiles products



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