IDEAS home Printed from
   My bibliography  Save this article

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


  • Weihuan Zhou


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.

Suggested Citation

  • Weihuan Zhou, 2012. "US -- Clove Cigarettes and US -- Tuna II (Mexico): Implications for the Role of Regulatory Purpose under Article III:4 of the GATT," Journal of International Economic Law, Oxford University Press, vol. 15(4), pages 1075-1122, December.
  • Handle: RePEc:oup:jieclw:v:15:y:2012:i:4:p:1075-1122

    Download full text from publisher

    File URL:
    Download Restriction: Access to full text is restricted to subscribers.

    As the access to this document is restricted, you may want to search for a different version of it.

    More about this item


    Access and download statistics


    All material on this site has been provided by the respective publishers and authors. You can help correct errors and omissions. 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). General contact details of provider: .

    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.

    We have no references for this item. You can help adding them by using 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 RePEc Author Service 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.

    IDEAS is a RePEc service hosted by the Research Division of the Federal Reserve Bank of St. Louis . RePEc uses bibliographic data supplied by the respective publishers.