US - Clove Cigarettes and US - Tuna II (Mexico): Implications for the Role of Regulatory Purpose under Article III:4 of the GATT

The Influence of General Exceptions on the Interpretation of National Treatment in International Investment Law

“…69 However, this article could be interpreted a bit more broadly than in the context of trade law. Indeed, in ITL, the difference of treatment allowed under Article XX must be based on the product.…”

The Influence of General Exceptions on the Interpretation of National Treatment in International Investment Law

“…68 Even in the frame of ITL, it has been considered restrictive, although it is used to excuse differences of treatment for a much smaller ran-ge of measures. 69 However, this article could be interpreted a bit more broadly than in the context of trade law. Indeed, in ITL, the difference of treatment allowed under Article XX must be based on the product.…”

Is Compliance the Name of the Effectiveness Game? Goal-Shifting and the Dynamics of Judicial Effectiveness at the WTO

“…On this occasion, the AB resorted to contextual-teleological interpretations in order to introduce ‘GATT Article XX flexibilities’ into the national treatment rule of the TBT Agreement, which lacks a general exception clause 43 . As several commentators have noted, such moves away from strictly textual interpretations toward contextual-teleological ones, which allow for less intrusive interpretations of WTO rules, help reduce public pressure on the DSS and secure a basic level of legitimacy for the WTO (DiMascio and Pauwelyn, 2008: 65; Zhou, 2012: 1082–83).…”