United States – Standards for Reformulated and Conventional Gasoline

E353363

United States – Standards for Reformulated and Conventional Gasoline is a landmark WTO dispute case concerning U.S. environmental regulations on gasoline quality and their consistency with international trade rules.

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Statements (44)

Predicate Object
instanceOf WTO dispute
environmental trade dispute
international trade law case
agreementInvoked General Agreement on Tariffs and Trade
surface form: GATT 1994

Marrakesh Agreement Establishing the World Trade Organization
appealedTo WTO Appellate Body
surface form: Appellate Body of the WTO
AppellateBodyReportAdoptedBy Dispute Settlement Body
surface form: WTO Dispute Settlement Body
complainant Brazil
Venezuela
complainantStatus developing countries
disputeType trade in goods
finding U.S. gasoline regulations were found inconsistent with GATT Article III:4
U.S. gasoline regulations were found not justified under GATT Article XX as applied
forum World Trade Organization
geographicalScope global trade in gasoline
importance first Appellate Body report adopted in the WTO system
landmark case on interpretation of GATT Article XX chapeau
precedent for environmental measures affecting trade
interpretativeContribution clarified necessity and non-discrimination tests under GATT Article XX
clarified role of the chapeau of Article XX in preventing abuse of exceptions
keyIssue differential treatment of imported and domestic gasoline in establishing baselines
relationship between environmental protection and trade liberalization
scope and interpretation of the chapeau of GATT Article XX
legalProvisionInvoked GATT 1994 Article I:1
Article III of GATT 1994
surface form: GATT 1994 Article III:4

GATT 1994 Article XX
Article XX of GATT 1994
surface form: GATT 1994 Article XX(b)

Article XX of GATT 1994
surface form: GATT 1994 Article XX(g)
measureChallenged U.S. Clean Air Act regulations on reformulated and conventional gasoline
U.S. Environmental Protection Agency baseline establishment rules for gasoline quality
panelEstablishedBy Dispute Settlement Body
surface form: Dispute Settlement Body of the WTO
panelReportAdoptedBy Dispute Settlement Body
surface form: WTO Dispute Settlement Body
policyArea environmental protection
trade in petroleum products
relatedDomesticLaw Clean Air Act
surface form: U.S. Clean Air Act
relatedOrganization United States Environmental Protection Agency
respondent United States of America
surface form: United States
respondentMeasureType technical regulation
result United States required to bring gasoline regulations into conformity with WTO obligations
shortName US – Gasoline
subjectMatter environmental regulation of gasoline quality
general exceptions under GATT Article XX
national treatment in trade in goods
WTOdisputeNumber DS2

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WTO Appellate Body notableCase United States – Standards for Reformulated and Conventional Gasoline