A critical review of interpretation of articles III and XX of the GATT 1994

Etinski, M Rodoljub

doi:10.5937/zrpfns52-19362

Cited by 1 publication

(1 citation statement)

References 13 publications

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“…Furthermore, the BTA Approach also relies on a textual interpretation of the treaties to determine "likeness" by looking at the features of the products and other elements. [14] Some point that the Appellate Body's interpretation is too textual. However, such expositions are unsatisfactory because they ignore the Appellate Body suggests that the interpretation of "likeness" needs to vary according to the specific case, not just the text, as is evident in the EC--Asbestos (2000) when analysing the dictionary interpretation of "like"."…”

Section: Critically Analyse the Strengths Of The Appellate Body's Int...mentioning

confidence: 99%

A Critical Analysis of the Appellate Body's Interpretation of the Concept of 'Likeness' as Found in Article III GATT

2023

law

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This paper set out to analyses the Appellate Body's interpretation of 'likeness' in Article III The General Agreement on Tariffs and Trade (GATT), this analysis is based on the backdrop of increasingly dynamic and extensive trade between countries around the world. The development of goods exchanged has contributed to a boom in international trade, but also has inevitably given rise to a number of disputes. This paper gives an account that these trade disputes mainly stem from disagreement in the interpretation of keywords in the GATT provisions. This is why the interpretation of 'likeness' is important, the understanding of 'likeness' directly affects whether a country's adoption of different policies for products violates its national obligations under GATT. In this article, the Appellate Body's interpretation of 'likeness' is analysed with a focus on the cases of Alcoholic Beverages II (1996) and EC-Asbestos (2000). The Appellate Body's approach to the interpretation of 'likeness' in these two cases is analysed, as well as the logic and rationality of this interpretation. The validity of the Appellate Body interpretation is also analysed in light of the Vienna Convention on the Law of Treaties (VCLT). This essay analysed and found that the Appellate Body's interpretation of 'likeness' is both comprehensive and consistent with the general principles of treaty interpretation of the Vienna Convention on the Law of Treaties(VCLT). However, there are some drawbacks such as the Appellate Body's interpretation of 'likeness' is too vague and subjective and based on only a single method of interpretation.

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Section: Critically Analyse the Strengths Of The Appellate Body's Int...mentioning

confidence: 99%

A Critical Analysis of the Appellate Body's Interpretation of the Concept of 'Likeness' as Found in Article III GATT

2023

law

View full text Add to dashboard Cite

show abstract

A critical review of interpretation of articles III and XX of the GATT 1994

Cited by 1 publication

References 13 publications

A Critical Analysis of the Appellate Body's Interpretation of the Concept of 'Likeness' as Found in Article III GATT

A Critical Analysis of the Appellate Body's Interpretation of the Concept of 'Likeness' as Found in Article III GATT

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