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EEO. 2020; 19(4): 7784-7792

Article XX Of GATT: Territoriality Of Unilateral Trade Measure And Sustainable Development

Sheikh Inam Ul Mansoor, Dr. Meenu Chopra.


Understanding the connection between international commerce law, international environmental law, and general international law has become increasingly dependent on the interpretation of GATT Article XX. Since the standards for provisional explanation of trade measures in paragraphs XX(b) and XX(g) are different, it follows that the policies and measures addressed in each paragraph should be distinct. The question of whether paragraphs XX(b) and XX(g) have been read in conformity with the norm of effective treaty interpretation is raised by the jurisprudence on paragraph XX(g), which seems to render paragraph XX(b) rather superfluous.
More explanation is needed for the connection between commerce and development, with its striking focus on resource conservation. Historically, humans have begun their lives in very small groups, as hunter-gatherers who rely on the whims of nature when it comes to the availability of supplies. Every single aspect of our economy and our progress depends on the extraction of raw materials. The last decade of the twentieth century saw the realization of economic and developmental objectives at all levels, thanks to the combined effects of rapid technical progress on the one hand and Liberalization, Privatization, and Globalization (LPG) on the other. While international law has always been tested, the final decade of the twentieth century and the beginning of the twenty-first century provide the greatest test to yet.
One of the fastest expanding disciplines on the global, regional, and national levels is resource conservation for the benefit of current and future generations. Sustainability advocates for a future when people don’t have to worry about the consequences of their actions now. The Rio Declaration’s goals apply not just during times of peace and prosperity, but also during times of war.
This idea is useful in establishing equitable society. Recognizing the urgency of the environmental sustainability issue, the UNCED provides a detailed description of the necessity for a policy framework based on guiding norms and principles, which neither the UNCHE nor the UNCED provide. From the perspective of the principles and aims of free trade, which have brought more emphasis to the complementarities between development and the environment, these principles have been crafted to safeguard the global environment.

Key words: WTO ,GATT, Rio Declaration, Article XX.

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