[2010-2011 WTO Case Review Series No. 3]China—Measures Affecting Trading Rights and Distribution Services for Certain Publications and Audiovisual Entertainment Products (WT/DS363/R, WT/DS363/AB/R): Can the Violation of Non-GATT Provisions be Justified by Article XX of the GATT? (Japanese)

Masahiko Ozaki and Hodaka Nakanishi

Policy Discussion Papers (Japanese) from Research Institute of Economy, Trade and Industry (RIETI)

Abstract: First, the WTO Panel and Appellate Body's report, China—Measures Affecting Trading Rights and Distribution Services for Certain Publications and Audiovisual Entertainment Products , is the first ever interpretation on the obligation to grant trading rights in China's Protocol on WTO Accession. Second, through clarifying the scope to which the obligation is applied, they offer an important interpretation on the scope of "goods." Third, the Appellate Body's report has clearly found for the first time that GATT Article XX can be resorted to with respect to violations of non-GATT provisions. Fourth, they offered for the first time an interpretation of Article XX (a), which permits the justification of "measures necessary to protect public morals," and they touched upon a very sensitive issue, namely, WTO consistency of the ways to apply the censorship mechanism. Fifth, they interpreted that "sound recoding distribution services" in China's GATS Schedule extends to the distribution of sound recordings in electronic form. This policy discussion paper introduces the factual background and the findings of the reports, analyzes the reports' interpretation of WTO agreements including China's Protocol, and lastly examines what suggestions the reports may offer in terms of future disputes.

Pages: 39 pages
Date: 2011-04
New Economics Papers: this item is included in nep-ipr and nep-pr~
References: Add references at CitEc
Citations:

Downloads: (external link)
https://www.rieti.go.jp/jp/publications/pdp/11p013.pdf (application/pdf)

Related works:
This item may be available elsewhere in EconPapers: Search for items with the same title.

Export reference: BibTeX RIS (EndNote, ProCite, RefMan) HTML/Text

Persistent link: https://EconPapers.repec.org/RePEc:eti:rpdpjp:11013

Access Statistics for this paper

More papers in Policy Discussion Papers (Japanese) from Research Institute of Economy, Trade and Industry (RIETI) Contact information at EDIRC.
Bibliographic data for series maintained by TANIMOTO, Toko ().