MHR 741 Lecture 3: docx

59 views24 pages

Document Summary

Gatt: xx general exceptions: intro nafta. Tariffs: customs and borders procedures, dispute settlement. Section 1: gatt fundamental principles: binding concessions rule, the chicken case, mfn, ec-banana, national treatment principle, internal taxation: japan-taxes on alcoholic beverages, 1996, internal regulation: ec-asbestos, ban on non-tariff barriers, japan-semi-conductors. Measure at issue: france enacted a decree banning the manufacture, sale and importation of all varieties of (1) asbestos and (2) products containing asbestos. Justification: protecting workers and consumers against risk of cancer. Canada"s challenge: french asbestos ban constitutes violation of art. Iii:4 gatt as internal regulation that differentiates between imported products and domestic like products . Whether imported canadian asbestos products and domestic asbestos substitute fibres (pcg fibres) are like product . Imported asbestos fibres and domestic substitute fibres are like products . Therefore, banning canadian asbestos fibres while permitting french pcg fibres violates art. The ban accords a less favourable treatment to imports as compared to like domestic product.

Get access

Grade+20% off
$8 USD/m$10 USD/m
Billed $96 USD annually
Grade+
Homework Help
Study Guides
Textbook Solutions
Class Notes
Textbook Notes
Booster Class
40 Verified Answers
Class+
$8 USD/m
Billed $96 USD annually
Class+
Homework Help
Study Guides
Textbook Solutions
Class Notes
Textbook Notes
Booster Class
30 Verified Answers