IDEAS home Printed from https://ideas.repec.org/
MyIDEAS: Login to save this article or follow this journal

US -- Clove Cigarettes and US -- Tuna II (Mexico): Implications for the Role of Regulatory Purpose under Article III:4 of the GATT

  • Weihuan Zhou
Registered author(s):

    The resolution of the issue of what role regulatory purpose might play in adjudicating the consistency of origin-neutral measures under the GATT National Treatment rule is essential to the resolution of the tension between trade liberalization and domestic autonomy with respect to the use of domestic policy instruments. As far as internal non-fiscal measures are concerned, the Appellate Body has yet to clarify its position on whether purpose should be considered in the step of determining 'less favourable treatment' under Article III:4. The Appellate Body's recent decisions in US -- Clove Cigarettes and US -- Tuna II (Mexico) indicate that it continues to be reluctant to assign purpose a role under Article III:4, despite its explicit consideration of purpose in assessing 'less favourable treatment' under the National Treatment provision of the Agreement on Technical Barriers to Trade. These decisions also suggest that, in examining the policy claims raised in these two cases, the Appellate Body has employed its approach to 'arbitrary or unjustifiable discrimination' in the context of the Chapeau of GATT Article XX. The Author 2012. Published by Oxford University Press. All rights reserved., Oxford University Press.

    If you experience problems downloading a file, check if you have the proper application to view it first. In case of further problems read the IDEAS help page. Note that these files are not on the IDEAS site. Please be patient as the files may be large.

    File URL: http://hdl.handle.net/10.1093/jiel/jgs041
    Download Restriction: Access to full text is restricted to subscribers.

    As the access to this document is restricted, you may want to look for a different version under "Related research" (further below) or search for a different version of it.

    Article provided by Oxford University Press in its journal Journal of International Economic Law.

    Volume (Year): 15 (2012)
    Issue (Month): 4 (December)
    Pages: 1075-1122

    as
    in new window

    Handle: RePEc:oup:jieclw:v:15:y:2012:i:4:p:1075-1122
    Contact details of provider: Postal: Oxford University Press, Great Clarendon Street, Oxford OX2 6DP, UK
    Fax: 01865 267 985
    Web page: http://www.jiel.oupjournals.org/Email:

    Order Information: Web: http://www.oup.co.uk/journals

    No references listed on IDEAS
    You can help add them by filling out this form.

    This item is not listed on Wikipedia, on a reading list or among the top items on IDEAS.

    When requesting a correction, please mention this item's handle: RePEc:oup:jieclw:v:15:y:2012:i:4:p:1075-1122. See general information about how to correct material in RePEc.

    For technical questions regarding this item, or to correct its authors, title, abstract, bibliographic or download information, contact: (Oxford University Press)

    or (Christopher F. Baum)

    If you have authored this item and are not yet registered with RePEc, we encourage you to do it here. This allows to link your profile to this item. It also allows you to accept potential citations to this item that we are uncertain about.

    If references are entirely missing, you can add them using this form.

    If the full references list an item that is present in RePEc, but the system did not link to it, you can help with this form.

    If you know of missing items citing this one, you can help us creating those links by adding the relevant references in the same way as above, for each refering item. If you are a registered author of this item, you may also want to check the "citations" tab in your profile, as there may be some citations waiting for confirmation.

    Please note that corrections may take a couple of weeks to filter through the various RePEc services.

    This information is provided to you by IDEAS at the Research Division of the Federal Reserve Bank of St. Louis using RePEc data.