About the interpretation of “disguised restriction on international trade” in the context of Article XX of the General Agreement on Tariffs and Trade 1994

The article is devoted to the study of the problem of the lack of a unified interpretation of the concept of "disguised restriction of international trade", fixed as one of the conditions for the legality of the application of exceptions under Article XX of GATT 1994. The structure of Article XX of GATT 1994 and the meaning of its introductory part are described. Based on the analysis of the relevant practice of the Dispute Settlement Body of the World Trade Organization and the legal doctrine, the author of the article formulated a list of factors, the establishment of which will indicate the presence of disguised restrictions on international trade.

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Publication Details

Journal
Advances in Law Studies
Published
2025-04-06
DOI
https://doi.org/10.29039/2409-5087-2025-13-1-46-50
Primary Topic
Global Political and Economic Relations
Type
article
Field-Weighted Citation Impact
0.00
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article

About the interpretation of “disguised restriction on international trade” in the context of Article XX of the General Agreement on Tariffs and Trade 1994

Anastasiya Pastuschik
Advances in Law Studies
Global Political and Economic Relations
article

About the interpretation of “disguised restriction on international trade” in the context of Article XX of the General Agreement on Tariffs and Trade 1994

Anastasiya Pastuschik
article en

Abstract

The article is devoted to the study of the problem of the lack of a unified interpretation of the concept of "disguised restriction of international trade", fixed as one of the conditions for the legality of the application of exceptions under Article XX of GATT 1994. The structure of Article XX of GATT 1994 and the meaning of its introductory part are described. Based on the analysis of the relevant practice of the Dispute Settlement Body of the World Trade Organization and the legal doctrine, the author of the article formulated a list of factors, the establishment of which will indicate the presence of disguised restrictions on international trade.

Advances in Law StudiesVol. 13(1)
Openalex Percentile: Top 92%
Global Political and Economic Relations
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