Journal article

Exploring the Meaning of Trade-Restrictiveness in the WTO

T Voon

World Trade Review | Published : 2015

Abstract

Trade-restrictiveness is a familiar concept across various provisions and agreements of the World Trade Organization (WTO), but its precise meaning remains vague. In many WTO disputes, the existence or degree of trade-restrictiveness of a challenged measure is simply assumed or addressed in a few brief sentences. Yet whether a measure is more trade-restrictive than necessary, or more trade-restrictive than a proposed alternative measure, is crucial to the legality of a range of measures currently in place around the world, some under challenge in the WTO. A careful analysis of the existing case law and treaty text - focusing on Article 2.2 of the Agreement on Technical Barriers to Trade and ..

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University of Melbourne Researchers

Grants

Awarded by Australian National Preventive Health Agency


Awarded by Australian Research Council


Funding Acknowledgements

I gratefully acknowledge the generous financial support provided for this independent research by the Australian National Preventive Health Agency (Grant ID 203MIT2011) and the Australian Research Council pursuant to the Linkage Project scheme (project number LP120200028). I also appreciate the research assistance provided by Glyn Ayres, James Munro, and Mariela Maidana-Eletti, as well as valuable discussions with participants in the Inaugural Symposium of the Global Economic Law Network held at the Melbourne School of Government on 2 May 2014. The opinions expressed here are my personal views as an academic and are not necessarily shared by any employer or other entity. Any errors or omissions are mine.