IDEAS home Printed from https://ideas.repec.org/p/eti/rpdpjp/13013.html
   My bibliography  Save this paper

[WTO Case Review Series No. 5] United States—Measures Affecting the Production and Sale of Clove Cigarettes (DS406):The Relationship between Article 2.1 of TBT Agreement and GATT Article III:4 (Japanese)

Author

Listed:
  • NAIKI Yoshiko

Abstract

There have been very few World Trade Organization (WTO) dispute settlement cases based on the Agreement of the Technical Barriers to Trade (TBT Agreement). While the rulings of the European Communities-Measures Affecting Asbestos and Products Containing Asbestos and European Communities-Trade Description of Sardines are well-known, there were no rulings which addressed the core obligations of the TBT Agreement, namely Articles 2.1 and 2.2. The case of United States - Measures Affecting the Production and Sale of Clove Cigarettes was the first case which adjudicated the obligation under Article 2.1. Although this case also addressed other TBT issues that were worth noting, this paper focuses on the ruling concerning Article 2.1 that received most of the attention. The obligation under Article 2.1 has been often compared with that of GATT Article III:4, which contains the same obligation of "no less favourable treatment." This paper examines the relationship between Article 2.1 and GATT Article III:4 and considers to what extent the "less favourable treatment" obligation under each article overlaps.

Suggested Citation

  • NAIKI Yoshiko, 2013. "[WTO Case Review Series No. 5] United States—Measures Affecting the Production and Sale of Clove Cigarettes (DS406):The Relationship between Article 2.1 of TBT Agreement and GATT Article III:4 (Japane," Policy Discussion Papers (Japanese) 13013, Research Institute of Economy, Trade and Industry (RIETI).
  • Handle: RePEc:eti:rpdpjp:13013
    as

    Download full text from publisher

    File URL: https://www.rieti.go.jp/jp/publications/pdp/13p013.pdf
    Download Restriction: no

    More about this item

    NEP fields

    This paper has been announced in the following NEP Reports:

    Statistics

    Access and download statistics

    Corrections

    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:eti:rpdpjp:13013. 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: (MATSUKURA, Taeko). General contact details of provider: http://edirc.repec.org/data/rietijp.html .

    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.