The concept of necessity under GATT and national regulatory autonomy
The intrusive effects of the World Trade Organization (WTO) on freedomRegulation of its members has been a growing concern since the establishment of theDispute settlement system. A review of the jurisprudence of the WTO evidencesThat the appellate body has introduced some elements to the test of ne...
| Autor Principal: | Salinas Alcaraz, Isabel |
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| Formato: | info:eu-repo/semantics/article |
| Idioma: | spa |
| Publicado: |
University Santo Tomás, Bogotá
2016
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| Materias: | |
| Acceso en línea: |
http://revistas.usta.edu.co/index.php/viei/article/view/2550 |
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| Sumario: |
The intrusive effects of the World Trade Organization (WTO) on freedomRegulation of its members has been a growing concern since the establishment of theDispute settlement system. A review of the jurisprudence of the WTO evidencesThat the appellate body has introduced some elements to the test of necessity of the articleXX of the GATT (General Agreement on Tariffs and Trade), which did notFind support in the text of the agreement and are potentially invasive of autonomyRegulatory framework. This text examines the evolution of WTO jurisprudenceRelation to the concept of necessity in the GATT 1994. Finally, aAdjustment in the application of the concept of necessity to make it more consistent with the textGATT and achieve a greater balance between free trade and the regulatory autonomy ofthe members. |
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