The "Necessity Test" as Expressed by the Enigmatic Article XX(j) of the General Agreement on Tariffs and Trade (1994): Appellate Body Report, India - Certain Measures Relating to Solar Cells and Solar Modules

The General Agreement on Tariffs and Trade (1994) (GATT) is premised on the elimination of all barriers to trade in goods. Contrary to this approach, Article XX of the GATT authorises the circumvention of this imperative. More specifically, Article XX(j) of the GATT essentially provides that GATT c...

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Main Author:	Clive Vinti
Format:	Article
Language:	Afrikaans
Published:	North-West University 2019-10-01
Series:	Potchefstroom Electronic Law Journal
Subjects:	Article XX(j) of the GATT essential necessary dispensable safeguard measures
Online Access:	https://journals.assaf.org.za/index.php/per/article/view/5308

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spelling	doaj-84167291b5014c8098b91dd48de3ca422020-11-25T02:56:43ZafrNorth-West UniversityPotchefstroom Electronic Law Journal1727-37812019-10-012210.17159/1727-3781/2019/v22i0a5308The "Necessity Test" as Expressed by the Enigmatic Article XX(j) of the General Agreement on Tariffs and Trade (1994): Appellate Body Report, India - Certain Measures Relating to Solar Cells and Solar ModulesClive Vinti0The University of the Free State The General Agreement on Tariffs and Trade (1994) (GATT) is premised on the elimination of all barriers to trade in goods. Contrary to this approach, Article XX of the GATT authorises the circumvention of this imperative. More specifically, Article XX(j) of the GATT essentially provides that GATT contracting parties are authorised to promulgate measures that are "essential" to the acquisition of products in general or local short supply. This invariably means that only measures that are "essential" will satisfy the "necessity test" contemplated under Article XX(j). The Appellate Body Report, India - Certain Measures Relating to Solar Cells and Solar Modules is the first World Trade Organisation case to elaborate on the "necessity test" of Article XX(j) of the GATT. This paper seeks to evaluate the Appellate Body's findings on the "necessity test" of Article XX(j). https://journals.assaf.org.za/index.php/per/article/view/5308Article XX(j) of the GATTessentialnecessarydispensablesafeguard measures
collection	DOAJ
language	Afrikaans
format	Article
sources	DOAJ
author	Clive Vinti
spellingShingle	Clive Vinti The "Necessity Test" as Expressed by the Enigmatic Article XX(j) of the General Agreement on Tariffs and Trade (1994): Appellate Body Report, India - Certain Measures Relating to Solar Cells and Solar Modules Potchefstroom Electronic Law Journal Article XX(j) of the GATT essential necessary dispensable safeguard measures
author_facet	Clive Vinti
author_sort	Clive Vinti
title	The "Necessity Test" as Expressed by the Enigmatic Article XX(j) of the General Agreement on Tariffs and Trade (1994): Appellate Body Report, India - Certain Measures Relating to Solar Cells and Solar Modules
title_short	The "Necessity Test" as Expressed by the Enigmatic Article XX(j) of the General Agreement on Tariffs and Trade (1994): Appellate Body Report, India - Certain Measures Relating to Solar Cells and Solar Modules
title_full	The "Necessity Test" as Expressed by the Enigmatic Article XX(j) of the General Agreement on Tariffs and Trade (1994): Appellate Body Report, India - Certain Measures Relating to Solar Cells and Solar Modules
title_fullStr	The "Necessity Test" as Expressed by the Enigmatic Article XX(j) of the General Agreement on Tariffs and Trade (1994): Appellate Body Report, India - Certain Measures Relating to Solar Cells and Solar Modules
title_full_unstemmed	The "Necessity Test" as Expressed by the Enigmatic Article XX(j) of the General Agreement on Tariffs and Trade (1994): Appellate Body Report, India - Certain Measures Relating to Solar Cells and Solar Modules
title_sort	"necessity test" as expressed by the enigmatic article xx(j) of the general agreement on tariffs and trade (1994): appellate body report, india - certain measures relating to solar cells and solar modules
publisher	North-West University
series	Potchefstroom Electronic Law Journal
issn	1727-3781
publishDate	2019-10-01
description	The General Agreement on Tariffs and Trade (1994) (GATT) is premised on the elimination of all barriers to trade in goods. Contrary to this approach, Article XX of the GATT authorises the circumvention of this imperative. More specifically, Article XX(j) of the GATT essentially provides that GATT contracting parties are authorised to promulgate measures that are "essential" to the acquisition of products in general or local short supply. This invariably means that only measures that are "essential" will satisfy the "necessity test" contemplated under Article XX(j). The Appellate Body Report, India - Certain Measures Relating to Solar Cells and Solar Modules is the first World Trade Organisation case to elaborate on the "necessity test" of Article XX(j) of the GATT. This paper seeks to evaluate the Appellate Body's findings on the "necessity test" of Article XX(j).
topic	Article XX(j) of the GATT essential necessary dispensable safeguard measures
url	https://journals.assaf.org.za/index.php/per/article/view/5308
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The "Necessity Test" as Expressed by the Enigmatic Article XX(j) of the General Agreement on Tariffs and Trade (1994): Appellate Body Report, India - Certain Measures Relating to Solar Cells and Solar Modules

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