Article XX of GATT 1994

E325831

Article XX of GATT 1994 is the general exceptions clause that allows WTO members to justify trade-restrictive measures that would otherwise violate GATT obligations, provided they meet specified conditions such as necessity and non-discrimination.

All labels observed (8)

How this entity was disambiguated

Statements (47)

Predicate Object
instanceOf general exceptions clause
treaty provision
appliesTo WTO members
burdenOfProof on the member invoking the exception
chapeauRequirement no arbitrary or unjustifiable discrimination between countries where the same conditions prevail
no disguised restriction on international trade
condition measure must be applied in a non-discriminatory manner consistent with the chapeau
measure must be necessary or related as specified in the relevant paragraph
contains chapeau
paragraph (a)
paragraph (b)
paragraph (d)
paragraph (g)
paragraph (j)
doesNotApplyTo GATS obligations
TRIPS Agreement obligations
firstTier measure must fall under at least one specific paragraph (a)–(j)
historicalOrigin Article XX of GATT 1994 self-linksurface differs
surface form: Article XX of GATT 1947
interpretationPrinciple exception provisions are interpreted narrowly but effectively
interpretedBy WTO Appellate Body
WTO panels
legalEffect can justify violations of GATT obligations if conditions are met
legalSystem World Trade Organization law
modelFor general exceptions in other WTO agreements
paragraphA measures necessary to protect public morals
paragraphB measures necessary to protect human, animal or plant life or health
paragraphD measures necessary to secure compliance with laws or regulations not inconsistent with GATT
paragraphG measures relating to the conservation of exhaustible natural resources if made effective in conjunction with restrictions on domestic production or consumption
paragraphJ measures essential to the acquisition or distribution of products in general or local short supply
partOf General Agreement on Tariffs and Trade
surface form: General Agreement on Tariffs and Trade 1994

Marrakesh Agreement Establishing the World Trade Organization
policyObjective to balance trade liberalization with public interest objectives
to preserve regulatory autonomy of WTO members
purpose to allow justification of otherwise GATT-inconsistent trade measures
to provide general exceptions to GATT 1994 obligations
relatedConcept balancing of trade and non-trade values
least trade-restrictive alternative analysis
necessity test
requires good faith application of the measure
satisfaction of a two-tier legal test
scope applies to measures inconsistent with substantive GATT provisions such as Articles I, III, and XI
secondTier measure must comply with the chapeau requirements
textualContinuity largely identical to Article XX of GATT 1947
typicalInvocations environmental protection measures
measures to enforce domestic law
public health measures
usedIn WTO dispute settlement

How these facts were elicited

Referenced by (10)

Full triples — surface form annotated when it differs from this entity's canonical label.

Article III:4 relatedTo Article XX of GATT 1994
Article III of GATT 1994 relatedTo Article XX of GATT 1994
Article XX of GATT 1994 historicalOrigin Article XX of GATT 1994 self-linksurface differs
this entity surface form: Article XX of GATT 1947
United States – Import Prohibition of Certain Shrimp and Shrimp Products GATTArticleInvoked Article XX of GATT 1994
this entity surface form: Article XX(g) of GATT 1994
United States – Import Prohibition of Certain Shrimp and Shrimp Products GATTArticleInvoked Article XX of GATT 1994
this entity surface form: Article XX chapeau of GATT 1994
United States – Standards for Reformulated and Conventional Gasoline legalProvisionInvoked Article XX of GATT 1994
this entity surface form: GATT 1994 Article XX(b)
United States – Standards for Reformulated and Conventional Gasoline legalProvisionInvoked Article XX of GATT 1994
this entity surface form: GATT 1994 Article XX(g)
European Communities – Measures Prohibiting the Importation and Marketing of Seal Products legalBasisInvoked Article XX of GATT 1994
this entity surface form: GATT Article XX
European Communities – Measures Prohibiting the Importation and Marketing of Seal Products legalBasisInvoked Article XX of GATT 1994
this entity surface form: GATT Article XX(a)