[2010-2011 WTO Case Review Series No. 3]China—Measures Affecting Trading Rights and Distribution Services for Certain Publications and Audiovisual Entertainment Products (WT/DS363/R, WT/DS363/AB/R): Can the Violation of Non-GATT Provisions be Justified by Article XX of the GATT? (Japanese)
First, the WTO Panel and Appellate Body's report, China—Measures Affecting Trading Rights and Distribution Services for Certain Publications and Audiovisual Entertainment Products , is the first ever interpretation on the obligation to grant trading rights in China's Protocol on WTO Accession. Second, through clarifying the scope to which the obligation is applied, they offer an important interpretation on the scope of "goods." Third, the Appellate Body's report has clearly found for the first time that GATT Article XX can be resorted to with respect to violations of non-GATT provisions. Fourth, they offered for the first time an interpretation of Article XX (a), which permits the justification of "measures necessary to protect public morals," and they touched upon a very sensitive issue, namely, WTO consistency of the ways to apply the censorship mechanism. Fifth, they interpreted that "sound recoding distribution services" in China's GATS Schedule extends to the distribution of sound recordings in electronic form. This policy discussion paper introduces the factual background and the findings of the reports, analyzes the reports' interpretation of WTO agreements including China's Protocol, and lastly examines what suggestions the reports may offer in terms of future disputes.
|Date of creation:||Apr 2011|
|Contact details of provider:|| Postal: 11th floor, Annex, Ministry of Economy, Trade and Industry (METI) 1-3-1, Kasumigaseki Chiyoda-ku, Tokyo, 100-8901|
Web page: http://www.rieti.go.jp/
More information through EDIRC
When requesting a correction, please mention this item's handle: RePEc:eti:rpdpjp:11013. 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: (NUKATANI Sorahiko)
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.