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 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 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 1947 ⓘ
linked to: Article XX of GATT 1994
United States – Import Prohibition of Certain Shrimp and Shrimp Products → GATTArticleInvoked → Article XX(g) of GATT 1994 ⓘ
linked to: Article XX of GATT 1994
United States – Import Prohibition of Certain Shrimp and Shrimp Products → GATTArticleInvoked → Article XX chapeau of GATT 1994 ⓘ
linked to: Article XX of GATT 1994
United States – Standards for Reformulated and Conventional Gasoline → legalProvisionInvoked → GATT 1994 Article XX(b) ⓘ
linked to: Article XX of GATT 1994
United States – Standards for Reformulated and Conventional Gasoline → legalProvisionInvoked → GATT 1994 Article XX(g) ⓘ
linked to: Article XX of GATT 1994