General Exceptions in WTO Law

Abstract

The chapter discusses the general exceptions in WTO law. Art. XX of GATT 1994 provides the general exceptions to the general principles of trade in goods. A WTO member may justify a violation of the general trade principles if the measure pursues a legitimate policy objective under Art. XX of GATT 1994 and complies with the chapeau of the same provision, i.e. the measure is not an arbitrary or unjustifiable discrimination, or a disguised restriction on international trade. The chapter discusses the specific policy objectives that WTO members legitimately can pursue under Art. XX of GATT 1994, including the protection of public morals; the protection of human, animal, or plant life or health; and the conservation of exhaustible natural resources. It further discusses the WTO jurisprudence relating to Art. XX of GATT 1994. The chapter also discusses the potential application of Art. XX of GATT 1994 to human rights and climate change problems considering the broader context of international law. Finally, the chapter discusses issues concerning extraterritorial jurisdiction when a WTO member adopts measures in line with the legitimate policies of Art. XX of GATT 1994 that affect the production processes in the exporting state.