Bulletin n. 2-3/2012
October 2012-February 2013
CONTENTS
  • Section A) The theory and practise of the federal states and multi-level systems of government
  • Section B) Global governance and international organizations
  • Section C) Regional integration processes
  • Section D) Federalism as a political idea
    • Bin GU
    Applicability of GATT Article XX in China – Raw Materials: A Clash within the WTO Agreement
    in Journal of International Economic Law , volume 15 n.4 ,  2012 ,  1007-1031
    The Appellate Body’s interpretation in China – Raw Materials regarding the applicability of General Agreement on Tariffs and Trade (GATT) Article XX to China’s Accession Protocol is highly controversial and stimulates wide debates in academia. The controversy is rooted in the absence of an explicit mention of ‘consistency with the GATT 1994’ in Paragraph 11.3 of China’s Accession Protocol. That absence constrains China’s defense in instances when it must violate its export duty elimination commitments under the Accession Protocol by resorting to GATT Article XX. This article disagrees with the Appellate Body’s legal interpretation in China – Raw Materials and provides a critical review of the Appellate Body’s logical principle that ‘absence equates to waiver’. The Appellate Body’s interpretation on the relationship between GATT Article XX and China’s Accession Protocol contradicted former Dispute Settlement Body (DSB) practices, demonstrated a failure to interpret the WTO Agreement in a systemic manner, and unfortunately resulted in inappropriateness in treaty interpretation.
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