Interpreting the Chapeau of GATT Article XX in Light of the &#8216;New&#8217; Approach in <i>Brazil-Tyres</i>

Arwel Davies

Interpreting the Chapeau of GATT Article XX in Light of the ‘New’ Approach in Brazil-Tyres - Journal of World Trade View Interpreting the Chapeau of GATT Article XX in Light of the ‘New’ Approach in Brazil-Tyres by - Journal of World Trade Interpreting the Chapeau of GATT Article XX in Light of the ‘New’ Approach in Brazil-Tyres 43 3

Non-discrimination obligations in the World Trade Organization (WTO) Agreements continue to be intensely debated in terms of how to characterize what is prohibited and what legal tests and methodologies should be applied. This article engages with various aspects of this debate with reference to the different conceptions of the chapeau of General Agreement on Tariffs and Trade (GATT) Article XX evident in the panel and Appellate Body reports in Brazil-Tyres.

Journal of World Trade