International Law - Articles XX and XXIV of the GATT
Foreign companies often argue their liberalism right according the GATT principles with the Members.1 The sale principle of the WTO requires the information of all Member s to publish their trade policies to the public, and review process is needed. Articles XX and XXIV of the GATT give the exemptions of the trade policy where brings the transparency of the case to make sure the domestic regulations do not frustrate these principles regarding the safeguard issue in Article XIX and Article XXI the security exemption.2
Article XIX is the emergency action to allow the inconsistent measure of the WTO obligation if the trade gives serious damage for the industry. Korea-Diary sets out the elements of unforeseen development are needed to measure safeguard and needs to apply both Article XIX and the Safeguard Agreement(AS). The increase imports have to be giving the serious injury and the causation will occur.3 Article7 of the AS states the protection of avoiding Article II and XI of the GATT is only temporary and the WTO allows usually four years period to the Members to fix the gap. That also relates to the Chapeau which is the list of the general exemptions that can be inconsistent with the GATT principles.
The Chapeau under Article XX of the GATT gives exemptions to protect the necessity of public morals, human, animal or plant life or health; Necessary to secure compliance with laws or regulation not inconsistent with the provision of this Agreement and the conservation of exhaustible natural resources if made effective with domestic restrictions are more often applied to the Members.4 We need the burden of prove of its necessity. It has made it clear in US -Gasoline and US -Shrimp there should be a balance between the trade liberalisation and other societal values.5 To apply Article XX it must generally breaches the GATT and fits in the ten listed exemptions, no other exemption is allowed. Article XX(b) suggests the public health issues, in Thailand-Cigarettes
Article XIX is the emergency action to allow the inconsistent measure of the WTO obligation if the trade gives serious damage for the industry. Korea-Diary sets out the elements of unforeseen development are needed to measure safeguard and needs to apply both Article XIX and the Safeguard Agreement(AS). The increase imports have to be giving the serious injury and the causation will occur.3 Article7 of the AS states the protection of avoiding Article II and XI of the GATT is only temporary and the WTO allows usually four years period to the Members to fix the gap. That also relates to the Chapeau which is the list of the general exemptions that can be inconsistent with the GATT principles.
The Chapeau under Article XX of the GATT gives exemptions to protect the necessity of public morals, human, animal or plant life or health; Necessary to secure compliance with laws or regulation not inconsistent with the provision of this Agreement and the conservation of exhaustible natural resources if made effective with domestic restrictions are more often applied to the Members.4 We need the burden of prove of its necessity. It has made it clear in US -Gasoline and US -Shrimp there should be a balance between the trade liberalisation and other societal values.5 To apply Article XX it must generally breaches the GATT and fits in the ten listed exemptions, no other exemption is allowed. Article XX(b) suggests the public health issues, in Thailand-Cigarettes