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    FINAL PAPER QUESTIONS

    1) Explain to your minister how it is that under the GATT/WTO system non-tradepolicy could become the subject of the regulation of trade policy.

    1. Why I am writing the Memo to the minister?

    As per your request, to understand the WTO regulatory system, inorder to expand the range of policy options for the Ministry of Healthand Environmentwithout triggering any trade disputes.

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    2. A WTO background and a brief

    The WTO contains the single most important set of rules governinginternational trade and is therefore at the center of the global debateseeking to define the relationship between trade and environment.Regional agreements have allowed groups of countries to negotiaterules and commitments that go beyond what was possible at the timeof multilaterally. In turn some of those rules have paved the way foragreement in the WTO. Services, Intellectual property, environmentalstandards, and investment and competition are all issues that wereraised in regional negotiations and later developed into agreements ortopics of discussion in the WTO. It is also recognized that under somecircumstances regional trading arrangements could hurt the trade

    interests of other countries. In particular, all arrangements takenshould help trade flow more freely among the countries in the groupwithout setting barriers on trade. The WTO has no specific agreementdealing with the environment, so the WTO is not an environmentalagency. However, the WTO agreements confirm government's rights toprotect the environment, provided certain conditions are met, andnumber of them include provisions dealing with environmentalconcerns. The increased emphasis on environmental policies isrelatively recent in the 60-year history of the multilateral tradingsystem. At the end of the Uruguay round in 1994, trade ministers fromparticipating countries decided to begin a comprehensive workprogram on trade and environment in the WTO. They created theTrade and Environment Committee. This committee has theresponsibility to ensure harmony between trade, related issues and theenvironment. So mainly, it appears that the work of the committee isto study questions that a rise when environmental policies havesignificant impact on trade. Has the principal task of identifying therelationship between trade and environment measures for promotingsustainable development and making appropriate recommendationson whether modification of the multilateral agreements are needed ornot, so as long as, they are equitable and of non-discriminatory nature

    of the system.

    However, there is a general consensus among the WTO's membersthat issues arising from the relationship between trade andenvironment have to be analyzed in the light of WTO commercialregulations.

    The GATT was established for the purpose of putting effect thecommercial policy provisions and to provide an institutional for theconduct of trade relations, grant and expand trade liberalization

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    3. A brief about the Issue

    WTO AND ENVIRONMENTAL AGREEMENTS; HOW ARE THEY RELATED?

    There are about 200 international agreements outside the WTO dealingwith various environmental issues and are currently in force. There arecalled multilateral environment agreements (MEAs). About 20 of theseinclude provisions that can affect trade. For instance, they can bantrade in certain products, or allow countries to restrict trade in certain

    circumstances. Among them are Montreal Protocol for the protection ofthe Ozone layer, the Basel Convention on the trade or transportation ofhazardous waste across international borders, and the Convention onInternational Trade in Endangered Species (CITES).

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    4. Introduce how the Environmental issues are related to theWTO

    Multilateral trade agreements or the WTO rules can be in harmony.Trade in everything implies environmental impact of some sort or theother. One of the main issues is the relationship betweenenvironmental measures related to trade and multilateralenvironmental agreements with the WTO. The international community

    must find a way to balance environmental and trade interests.Development and the environment are invariably related to eachother. One of the essential issues is to maintain harmony betweendevelopment and environment. Trade and environment is not a newissue. The link between them consists of the impact of bothenvironmental policies through government measures on trade. Thelink between Trade and the environment is very complex. Tradeliberalization is of itself neither necessarily good nor bad for theenvironment. Both trade linearization and protection of theenvironment are universal intertwining goals.

    " problems that arise due to valid health and environmental measuresoften have the secondary effect of protecting national production, as isthe case with hormone-treated beef' says Mathew Stilwell, " in thiscase, the EU will argue that their regulation is a valid health measure,while the United States argues that it is merely thinly veiledprotectionism. The WTO, as a trade body, is asked to resolve thevexing questions- ones that go the very basis of national policy makingon central issues of health and environment. This brings up thequestion as to which institution should make the decisions. Should it bethe WTO? And what level of deference should be given to national lawsto protect health?"

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    2) What are, in fact, the government's obligations under GATT/WTO with regard to

    non-trade policy?

    5. Government's obligations vis--vis the WTO

    Under the free trade regime administered by the WTO, nation statescan bring complaints against members applying policies limitingimports or constraining trade. Usually, complaints cite the non-discrimination principles under Article I and III of the GATT.Nonetheless, the trade regime exempts nations from their obligationsunder certain circumstances through the general exceptions

    embedded in Article XX of the GATT. Two of the exceptions under theprevious article are in paragraphs "B" and "G" are related to theenvironment.

    On those grounds the party must show that it is legally applicable. Thisburden, however, has proven very difficult to surmount due to thestrictness with which the previous panels used interpret the provisions.Fro instances several panels found that the measures did not qualifyfor an environmental exception because they were not consistent withthe GATT provisions. Nowadays, it has been recognized that anexception is by definition likely to be inconsistent with the GATTobligations.

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    WTO VIS--VIS GOVERENMTS?

    The Appellate Body report not only tramples upon the sovereign rightsof states to have their own environmental protections regimes, butalso goes along way to legitimize green protectionism. The DSB can

    alter the balance of rights and obligations contained in adoptedagreement by creating new obligations through the process ofinterpretations.

    Important questions addressed by the Panel, first, did the U.S. merelyhave the obligation to negotiate or the obligation to reach aninternational agreement for the conservation of turtles, and did theU.S. by imposing a unilaterally defined standard of protection, violatethe sovereign right of Malaysia to determine its own sea turtlesprotection and conservation policy?

    However, the DSB made it explicit that states had to rely on theirdeparture from the GATT's provisions to based-on reliable scientificevidence or on internationally recognized standards. As an example,The DSB ruled in favor of banning asbestos products on the groundsthat WTO agreements do give priority to health and safety over trade.At the same time the provisions set forth in the agreement preventgovernments setting regulations arbitrarily in a way that discriminatesagainst foreign goods and services. Safety regulations must not beprotectionism in disguise. Recently the WTO has come under criticismby those who believe its emphasis on free trade undermines national

    efforts geared toward environmental protection. A question was raisedthat whether the organization has the mandate and hence the will touphold environmental priorities over trade.(Shrimp/Turtle, in 1998) The DSB had determined that the U.S. appliedArticle XX unfairly because the United States had given Latin AmericaCountries three years to implement the devices whereas India,Malaysia, Thailand, and Pakistan were given only a period of fourmonth. (EU/ hormone, in 1998) Another case was when the DSB ruledagainst the EU's ban on hormone treated beef imports from the UnitesStates and Canada. In that case, the EU claimed that the beef productscontaining the hormone cause neurotoxic, genotoxic, and effected

    human consumers. The DSB rejected that claim on the basis thatevidence of the adverse health effects presented by the EU wasinsufficient to justify a trade barrier.

    6. The articles in agreements like GATT, GATTS, TRIPS and SPS.

    The SPS (Agreement on Sanitary and Phytosanitary Standards) wasdrafted for the aim of ensuring that national laws that protect human,animals, and plants from pests, disease, and harmful food additives

    arent used as disguised protectionism. It was applied to the beefhormone case and will successfully be applied on future cases related

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    of the same facts one of the key issues to resolve disputes under theSPS is risk management. Countries trying to prove that a trade bandoes not violate the SPS agreement must produce risk assessmentsshowing that the product they aim to ban is capable of causing harm.The DSB ruled "that it is not sufficient for governments to impose

    regulations simply on the basis of theoretical risk, which underlies allscientific uncertainty; rather rick assessment must find evidence ofascertainable risk without too much weight being lent to unknown anduncertain elements. However, it is a main concern for who the panelapplies different interpretations of the data submitted to proof riskassessment.

    The purpose of the TBT agreement is to create regulatory uniformityamongst member states through the harmonization of standards andregulations. Under the TBT, government's standards for products mustbe the least restrictive possible according to the internationalstandards. What is does, is that it creates a regulatory ceiling to helpachieve global market harmonization without creating a floor. Thisresult, that it becomes practically impossible for a country toimplement progressive policies in health and environmental sectors forfear that they will be challenges at the WTO because more often thannot those standards will be higher than the aforementionedinternational standards. It is harmonization" race to the bottom" whicherodes the ability of sovereign states to decide what level ofproduction is can offer its citizens.

    As environment protection became a major concern and statesenacted appropriate laws, which sometimes impinged on internationaltrade, these came to be challenged before the DSB under GATT'sarticles of I, XI, XX. The previous articles contain the core obligations ofmember states, while article XX embodies the general exceptionclause. Article I codifies the most favored nation clause. It inter aliastates that: "any advantage, favor, privilege, or immunity granted byany contracting party to any other country shall be accordedimmediately and unconditionally to the like product originating in ordestined for the territories of all other contracting parties." Article XXentitled general exceptions allows states to departure from certain

    conditions stated and to departure from GATT obligations to servelegitimate policy objectives, which include measures necessary toprotect human, animal, plant or health and the conservation ofexhaustible natural resources. The relevant portions of Article XX readas follows:

    The interpretation of Article XX has been subject to many disputes. TheDSB is established to discharge the responsibilities laid down in theUnderstanding on rules and procedures governing the settlement ofdisputes. It serves to promote settlement situations and preservesrights and obligations of the members. Environment measures mustnot be toward non-liberalization of the market access on a

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    discriminatory basis. When invoking article XX, a member invokes theright to derogate to certain specific substantive provisions of GATT1994 but that, in doing so, it must not frustrate or defeat the purposesand objects of the General Agreement and the WTO Agreement or itslegal obligations under the substantive rules of GATT by abusing the

    exception contained in Article XX.

    TBT ( shows how governments should enact technicalbarriers on trade in a way that does not conflict with theWTO's provisions) While, the SPS ( And, The Procurement ( because of the disguisedprotectionism And, The IP ( intellectual property rights, disguisedprotectionism

    It is allowed to prevent foreign like-products for healthconcerns (Article XX: General Exceptions). To start talkingabout exceptions you must have admitted already that youhave committed a violation that you want to consider,accordingly, as an exception.

    As a lawyer, you would argue that your defendant State is either: NOTIN VIOLATION OF the GATT Article at issue, or IN COMPLIANCEWITH Article XX which gives States some exceptions.DISCRIMINATION: Article I: MFN clause- do not DISCRIMINATE amongFOREIGN PRODUCERS; Article III: National Treatment clause- do not

    DISCRIMINATE between FOREIGN and NATIONAL producers.

    Most-Favoured-Nation Treatment

    The most-favored-nation (MFN) principle is a cornerstone of themultilateral trading system conceived after World War II. It seeks toreplace the frictions and distortions of power-based (bilateral) policieswith the guarantees of a rules-based framework where trading rightsdo not depend on the individual participants economic or politicalclout. Rather, the best access conditions that have been conceded toone country must automatically be extended to all other participants in

    the system. This allows everybody to benefit, without additionalnegotiating effort, from concessions that may have been agreedbetween large trading partners with much negotiating leverage.

    National treatment (Article XVII)Implies the absence of all discriminatory measures, that may modifythe conditions of competition to the detriment of foreign services orservice suppliers.

    Article XX

    General Exceptions

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    Subject to the requirement that such measures are not applied in a mannerwhich would constitute a means of arbitrary or unjustifiable discriminationbetween countries where the same conditions prevail, or a disguisedrestriction on international trade, nothing in this Agreement shall beconstrued to prevent the adoption or enforcement by any contracting party ofmeasures:

    (a) necessary to protect public morals;(b) necessary to protect human, animal or plant life or health;(c) relating to the importations or exportations of gold or silver;

    (d) necessary to secure compliance with laws or regulations whichare not inconsistent with the provisions of this Agreement, including thoserelating to customs enforcement, the enforcement of monopolies operatedunder paragraph 4 of Article II and Article XVII, the protection of patents,trade marks and copyrights, and the prevention of deceptive practices;

    (e) relating to the products of prison labour;(f) imposed for the protection of national treasures of artistic,

    historic or archaeological value;(g) relating to the conservation of exhaustible natural resources ifsuch measures are made effective in conjunction with restrictions ondomestic production or consumption;

    (h) undertaken in pursuance of obligations under anyintergovernmental commodity agreement which conforms to criteriasubmitted to the CONTRACTING PARTIES and not disapproved by them orwhich is itself so submitted and not so disapproved;*

    (i) involving restrictions on exports of domestic materials necessaryto ensure essential quantities of such materials to a domestic processingindustry during periods when the domestic price of such materials is heldbelow the world price as part of a governmental stabilization plan; Providedthat such restrictions shall not operate to increase the exports of or theprotection afforded to such domestic industry, and shall not depart from theprovisions of this Agreement relating to non-discrimination;

    (j) essential to the acquisition or distribution of products in generalor local short supply; Providedthat any such measures shall be consistentwith the principle that all contracting parties are entitled to an equitableshare of the international supply of such products, and that any suchmeasures, which are inconsistent with the other provisions of the Agreementshall be discontinued as soon as the conditions giving rise to them haveceased to exist. The CONTRACTING PARTIES shall review the need for thissub-paragraph not later than 30 June 1960.

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    7. What is a non-trade policy?

    No longer can a government determine the level of protection to bemaintained within a country's own borders. Rather, a new set ofinternational standards ratified through variety WTO agreements isimposed on each of the member states and new policies must fit withinthose agreements. These standards can greatly impede the ability of asovereign state to protect the public interest of its citizens.

    Under the free trade regime administered by the WTO, nation statescan bring complaints against members applying policies limitingimports or constraining trade. Usually, complaints cite the non-discrimination principles under Article I and III of the GATT.Nonetheless, the trade regime exempts nations from their obligationsunder certain circumstances through the general exceptionsembedded in article XX of the GATT. Two of the exceptions under theprevious article are in paragraphs B and G are related to theenvironment.

    On those grounds the party must show that it is legally applicable. This

    burden, however, has proven very difficult to surmount due to thestrictness with which the previous panels used interpret the provisions.

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    Fro instances several panels found that the measures did not qualifyfor an environmental exception because they were not consistent withthe GATT provisions. Nowadays, it has been recognized that anexception is by definition likely to be inconsistent with the GATTobligations.

    What do we mean effects on trade? Governments should be concerned about all national legislations

    and sub legislations (Like the executive regulation) and how do theyaffect trade.

    Sanitary and photo sanitary (trade related in manner of controllingthe imports entering, TBT, SPS, Govern. Procurement, IP.( do notregulate trade they regulate different things completely )

    Dumping and Subsidies are not issues because they are traderelated.

    Why ;legislations that has nothing to do with trade are in factregulated by the WTO, you might search in national legislations andthe way they effect those agreements-non trade related )

    The problem is disguise protectionism the WTO would lose its aimand objective if they open a door for states to cheat and disguisemeasures in a way to affect trade.

    You use any instruments to restrict the flow of products from foreignmarkets.

    Access of foreign products to domestic markets. (tradeLiberalization)

    The WTO wants to eliminate all trade Barriers Countries use other instruments with the same effect to limit the

    access to their domestic market. It is not the national legislations about trade. So all legislation

    might affect the access of foreign some in products to the domesticmarket.

    It is also a matter of application of the national legislation not bylooking at its ordinary appearance.

    It is a matter of Proof in front of the DSB, then it is a considerationfor the WTO

    All products should have an equal chance to compete on themarket. Why is there an agreement about Procurement and IP ( becauseWTO does not have agreements on Labor and Competition Law andHealth and Environment)

    8. What is a trade policy?

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    9. what is a national legislations

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    National legislation (health, environment, labor, competition andfamily law, zoning regulations, and investment regulations) witheffect on trade. How do we distinguish between national legislations that haveeffect on trade and with national legislations that has no effect on

    trade?

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    10. Howcould a national legislation be conflicting with a WTO/GATTprovision

    The WTO decisions have demonstrated that the WTO viewsenvironmental, public health and human rights protections asobstacles to trade should be eliminated, the DSB record shows rulingson U.S. laws designed to protect the environment, endangered wildlife,consumer health and safety, fair trade and human rights,demonstrates the WTO's trade uber alles bias. The WTO trade ruleshave regularly trumped domestic regulations, weakening protection for

    clean air, wildlife, safe food, fair trade, and human rights. The U.S. wasforced to weaken the Clean Air Act in response to a WTO ruling, whichfound that the new law discriminated against foreign producers. TheEnvironmental Protection Agency was forced to revert to a policyidentical to an industry proposal that the EPA had earlier rejected aseffectively enforceable and too costly. In addition, the U.S. was forcedto weaken the U.S. Marine Mammal Protection Act and the EndangeredSpecies Act, relaxing protections for Dolphins and endangered seaturtles. The WTO ruled that countries could not differentiate betweenproducts based on how they are produced, known as productionprocess methods, so as long as the final product is essentially the

    same. Examples of laws that are threatened by the DSB ruling are childlabor, laws related to require products to be made with a certainpercentage of recycled products, laws requiring products not to useendangered animals. In the Shrimp / Turtle case, the panel discussedthat the U.S. law was designed to interfere with trade and thus GATTarticle XX exceptions for environmental and animal protection were inapplicable. Further, the law deprived the WTO of its objective andpurpose of establishing a multilateral trade regime, regardless of thenon-trade objective that was being pursed and the lack ofdiscrimination between domestic and foreign fishers. The U.S.

    challenged the ruling. The Appellate body reaffirmed what the panelhad reached that the law was illegal.

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    11. Whatare those provisions that the minister must be aware of andalso the agreements?

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    3) What are the policy arguments for and against expanding the reach ofinternational trade rules to cover issues like standards of environmental protection,labor, innovation policy, or competition policy?

    12. Whatare those policy arguments

    Since politics were integrated within the WTO and although the WTOdispute settlement body is not the forum to solve trade-environmentdispute. Nevertheless, a dispute is said to a rise when one countryadopts a trade policy or follows some action that is not necessarily a

    trade action, but can be interpreted as a violation of free trade policies;which another country considers a breach of WTO agreements. RecentGATTS jurisprudence; in particular the shrimp Turtle Implementationcase, appears to widen the scope in which WTO Members can applytrade-related measures for environmental purposes. According toArticle 3.2 of the dispute settlement Understanding, the WTOagreements are to be interpreted in light of customary rules ofinterpretations. On the other hand, the WTO dispute settlementmechanism is not meant to be a court of general jurisdiction. In theWTO dispute settlement mechanism the panel and the Appellate Body

    do not have inherit expertise to evaluate and assess environmentalmeasures. They may be solid grounds for exploring non-traditionaldispute resolution mechanism that are alternative to seeking recoursefrom WTO dispute panels. International Trade is based on reciprocityand comparative advantage; WTO rules and the DSB provide aframework for these notions. On the other hand, environmentalobligations tend to be of a non-reciprocal nature, which gives way tothe question as to whether judicial approaches, as in the WTO, whichare adversarial nature, are always the most appropriate means toresolve trade and environment disputes. So far, the DSB has proven tobe a central actor in defining trade with environmental issues.

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    13. whatis protectionism disguise

    Some see the environmental actions taken are to be disguising from itsmain objective as a trade barrier. Thus, the WTO aim is to protectweaker countries against unilateral power politics and clarifying andadjudicating the concepts of sovereignty, free trade, andenvironmental protection. Some trade policies discriminating importsand exports and restricting them from accessing the market are not forthe purpose of environmental protection as they appear, they arepolicy instruments used by states as trade barriers.

    Form Tuna / Dolphin to Shrimp Turtle 2, the panel argued that acontracting party might not restrict imports of a product merelybecause it originates in a country with environmental policies differentfrom its own. Thus, the panel concluded that the GATT regulationsextend to those measures applies to products and not to process andproduction methods. In case of environmental discriminations vis--visproducts, the country has to exhaust all available options.

    DISGUISED PROTECTIONISM

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    We want to make sure that even if there are no tariffs on productsentering national markets, after they enter, they do not becomesubject to any national regulation that has a similar effect on theimported products. That there is no indirect tariffon the products.If you want to impose a certain cost, you are allowed to do so, but

    what is prohibited by GATT is targeting foreign producers. PreventingDISCRIMINATION. Regulations might seem origin-neutral, but is appliedin such a way that discriminates between national and foreignproducts.

    Any law may have an EFFECT ON TRADE if applied in a way that has theeffect ofLIMITING ACCESS OF FOREIGN PRODUCTS TO THE DOMESTICMARKET.If you say only 1 type of alcohol is allowed which is something that is

    produced LOCALLY: there is a violation of Article 3 of GATT (NationalTreatment clause).

    14. howcould it be embedded in national legislations

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    15. whatare the methods for protection against it

    Methods of combating it:1. Article Three of GATT, National Treatment2. Article XXIII/1-b (non-violation clause)-c (cause of action)3. Regulating Internationally (Covered Agreements)

    4. Connection between national treatment- article three and article 205.

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    16. Arguments for and against expanding the reach of internationaltrade rules

    The WTO decisions have demonstrated that the WTO viewsenvironmental, public health and human rights protections as

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    obstacles to trade should be eliminated, the DSB record shows rulingson U.S. laws designed to protect the environment, endangered wildlife,consumer health and safety, fair trade and human rights,demonstrates the WTO's trade uber alles bias. The WTO trade ruleshave regularly trumped domestic regulations, weakening protection for

    clean air, wildlife, safe food, fair trade, and human rights.

    The U.S. was forced to weaken the Clean Air Act in response to a WTOruling, which found that the new law discriminated against foreignproducers. The Environmental Protection Agency was forced to revertto a policy identical to an industry proposal that the EPA had earlierrejected as effectively enforceable and too costly.

    In addition, the U.S. was forced to weaken the U.S. Marine MammalProtection Act and the Endangered Species Act, relaxing protectionsfor Dolphins and endangered sea turtles. The WTO ruled that countriescould not differentiate between products based on how they areproduced, known as production process methods, so as long as thefinal product is essentially the same. Examples of laws that arethreatened by the DSB ruling are child labor, laws related to requireproducts to be made with a certain percentage of recycled products,laws requiring products not to use endangered animals.

    In the Shrimp / Turtle case, the panel discussed that the U.S. law wasdesigned to interfere with trade and thus GATT article XX exceptionsfor environmental and animal protection were in applicable. Further,

    the law deprived the WTO of its objective and purpose of establishing amultilateral trade regime, regardless of the non-trade objective thatwas being pursed and the lack of discrimination between domestic andforeign fishers. The U.S. challenged the ruling. The Appellate bodyreaffirmed what the panel had reached that the law was illegal.

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    17. Environmental protection

    18. Laborprotection

    19. Innovation policy

    20. Competition policy

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    4) Suggest to your minister guidelines she could follow when designing andimplementing or environmental policies that would give the government the widestpossible range of maneuver under the GATT/WTO.

    21. Minister guidelines could follow

    The policy should focus on the aim of the measure, its areas of

    application and the manner in which it is must be applied amongothers.

    22.How is the WTO protecting states form the protectionism disguise

    DISGUISED PROTECTIONISM:Definition of disguised ProtectionismMethods of combating it:1. Article Three of GATT, National Treatment2. Article XXIII/1-b (non-violation clause)-c (cause of action)3. Regulating Internationally (Covered Agreements)4. Connection between national treatment- article three and article 205.Article 20 of the GATT General Exception (Which departure fromcertain conditions stated and to departure from GATT obligations toserve legitimate policy objectives, which include measures necessaryto protect human, animal, plant or health and the conservation ofexhaustible natural resources.Article 23 DSB ( important on the international level, so that article is a

    basis for going to the DSB and you must have a Consent)Any claim under article 20 then we must have concluded that there isa violation of article 3 (general exceptions)Article One...Important Principals (Equal Treatment, and Most Favored Nationclauses)Asbestos (is a mineral) has a special texture (mixed with fibers, fragilefibers, they turn into dust when you touched with your hand, but thatdust could cause lung cancer)That product is a major income for Canada (USED IN CONSTRUCTION)THAT PRODUCT WAS related to health and labor damaged from the

    asbestos)

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    1. Disguised PROTECTIONISM IN ARTICLE THREE are (aftergranting them rights internationally, they are protected frominternal regulations regulating and discriminating products(national and the foreign) i.e. an indirect tariff2. Every measure taken by the government imposes cost on

    somebody and removes cost from somebody else and that isnot what the GATT wants to prevent but the only thing theGATT wants to ensure is that the cost is not imposed only onthe foreign products!!!!3. GATT is interest in regulations originally neutral but itsapplication and formulated to discriminate between domesticand national products.4. When we differentiate between foreign countries importedproducts (then you could have a claim under article of mostfavored Nation clause- internal tax imposed on products paiddomestically while a tariff is imposed to enter the country,and also that article deals with internal regulation).5. A regulation is as much as a tax as an internalTax..!!!!!!!!!6. People concerned with the GATT they are consistent to winthe case on a basis on a certain article for the reason of somePolicy!!!7. what are the possibilities of pushing social objectives in theWTO

    23. Implementing or designing environmental policies

    24. How to reach the widest possible range of maneuver

    under the GATT/WTO