Article XX of GATT 1994 permits Members of the World Trade Organisation to interfere with free trade in goods in ways that breach the obligations contained in the General Agreement on Tariffs and Trade (GATT): for instance, by imposing an import ban (contrary to Article XI), or imposing very high tariffs (contrary to bound tariff levels under Article II). Using the Reports in two or three Disputes, only show how the permission works in practice, and how the Panels or Appellate Body interpret Article XX. In light of the outcomes of the Disputes you use in your essay, would it be accurate to regard Article XX as allowing Members too much scope to breach other provisions of the GATT 1994?
Article XX is the exception to the rule, after the introduction you will begin by outlining the rules as they stand, after which you must speak about the exception (Article XX). Please note that the bulk of essay should be about Article XX, as the following: please use the cases reports that I will mention and analyze how appellate body’s approach works in practice. Take all case analysis into your account and argue that whether the decision given by the Dispute Settlement Understanding (Dispute Settlement body) with regard to article XX, gives too much allowance to member states to breach the other provisions. (you need to consider the exception to breach certain principals or certain articles in WTO.
Please consider the following case reports:
1. Appellate Body Report, US – Gasoline (1996) ( WT/DS2/AB/R)
2. Appellate Body Report, US – Shrimp (1998) (WT/DS58/AB/R)
2.1. Panel Report, US – Shrimp (1998) (WT/DS58/R)
3. Brazil – Retreaded Tyres (2007)
please use the articles that i uploaded her also use more articles and books which is relevant to the topic.
use Oscola refrencing and put the exact page number in the footnotes so i can check it. each page should have at least 6 footnotes.
please send me an outline before you start write it.
thank you so much