Multilateral Rules on Trade in Goods - Exceptions and Regulatory Autonomy

Focusing on the agreements on trade in goods of the World Trade Organization (WTO), Multilateral Rules on Trade in Goods – Exceptions and Regulatory Autonomy outlines various provisions that grant WTO Members discretion in conforming with WTO rules. These include general exceptions (such as Article XX of the General Agreement on Tariffs and Trade 1994 (GATT)), security exceptions (such as GATT Article XXI), exceptions for regional integration (such as GATT Article XXIV), and special and differential treatment for developing countries (eg through the Enabling Clause). These kinds of provisions are found across WTO agreements, sometimes through cross-references, and they are often strictly construed in WTO disputes. Nevertheless, together, they grant significant leeway to WTO Members in pursuing legitimate regulatory objectives while complying with WTO obligations. A final form of flexibility contained in these agreements is through interpretation (such as the interpretation of the non-discrimination obligation in Article 2.1 of the Agreement on Technical Barriers to Trade (TBT)). However, the WTO Appellate Body has provided only limited possibilities for regulatory sovereignty through this kind of interpretation