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Interpretation In International Trade Law

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Chapter Summary

This chapter deals with the manner in which the measure is applied and the design of the measure itself, which are addressed by the introductory text of Article XX and its various paragraphs, respectively, to be examined separately. It is necessary first to examine the acceptability of the measure criticised with respect to the various paragraphs of Article XX, before verifying whether or not it is being applied in a manner such as to constitute abuse. The chapter authorise certain measures which would not be authorised in its absence, precisely because they threaten the multilateral trading system. The Appellate Body thus insisted that in its reasoning the Panel should have proceeded in two successive non-interchangeable steps: analysis of the measure itself in light of the paragraphs of Article XX; analysis of the non- abusive application of the measure in light of the introductory text of Article XX.

Keywords: Appellate Body; international trade law

10.1163/ej.9789004181045.i-382.44
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