Balancing trade and non trade policy objectives in gats potentials and limits of article xiv
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Balancing trade and non-trade policy objectives in GATS: Potentials and limits of Article XIV. Markus Krajewski University of Potsdam. Outline. Trade and non-trade policy objectives Methods of balancing Potentials of Art. XIV GATS: US – Gambling and Betting

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Balancing trade and non-trade policy objectives in GATS: Potentials and limits of Article XIV

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Balancing trade and non trade policy objectives in gats potentials and limits of article xiv

Balancing trade and non-trade policy objectives in GATS:Potentials and limits of Article XIV

Markus Krajewski

University of Potsdam

BIICL Annual WTO Conference


Outline

Outline

  • Trade and non-trade policy objectives

  • Methods of balancing

  • Potentials of Art. XIV GATS: US – Gambling and Betting

  • Stretching the limits of Art. XIV GATS

    • Human rights

    • Cultural diversity

BIICL Annual WTO Conference


Trade and non trade policy objectives

Trade and non-trade policy objectives

  • limited references in WTO law

    • Art. 20 (c) AoA: “non-trade concerns”

    • EC – Tariff Preferences: “measure of ‘non-trade’ nature”

  • versus extensive use in WTO literature

  • but: What are “non-trade” objectives?

    (“I know it when I see it”?)

BIICL Annual WTO Conference


Methods of balancing

Methods of balancing

  • interpreting „necessary“ to include “weighing and balancing” (Korea – Beef)

  • deference to national regulatory autonomy (in dubio mitius) (EC –Hormones)

  • using other international agreements as context of WTO provisions (US –Shrimp)

BIICL Annual WTO Conference


Potentials of art xiv gats

Potentials of Art. XIV GATS

US – Gambling and Betting: Art. XIV (a)

  • leaves scope for Members to define and apply concepts according to own systems and values

  • includes

    • internal security (criminal offences) and

    • protection of youth and other vulnerable groups

BIICL Annual WTO Conference


Stretching the limits of art xiv gats

Stretching the limits of Art. XIV GATS

  • Protection of human rights?

    • ECJ, Omega Spielhallen: „public policy“ includes protection of human dignity

    • a model for WTO dispute settlement?

  • Cultural diversity?

    • Draft UNESCO convention: deviation from GATS to protect cultural diversity

    • can it become context of Art. XIV (a)?

BIICL Annual WTO Conference


Conclusion

Conclusion

  • Art. XIV „sedes materiae“ for balancing trade and non-trade policy objectives in GATS

  • but can it be stretched far enough so that GATS is „not more burdensome than necessary“ on non-trade policy objectives?

BIICL Annual WTO Conference


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