Transnational crime is the dark side of globalization, and States have been taking concrete steps to cope with it through the adoption of important multilateral conventions over the last decades. The World Trade Organization (WTO) cannot be a bystander in this crusade: trade and the fight against drug trafficking and money laundering should not collide. Perhaps one of the most relevant means the WTO has at its disposal to make a contribution is through the interpretation of the WTO-covered agreements. Although trade disputes related to transnational crimes are not common, a recent one, Colombia – Indicative Prices and Restrictions on Ports of Entry, had this dimension. The panel report on this case constitutes a starting point on which to draw on to ensure that WTO law aligns with general international law in the fight against transnational crime. To this end, the article suggests three main improvements to the report in Colombia – Ports of Entry. The first is to place the interpretation of General Agreement on Tariffs and Trade (GATT) Article XX(d) under these circumstances in the context of public international law. The second improvement recommendation is that of aligning the current interpretation of the two-tier test of Article XX(d) with international law in disputes of this character. The third suggestion is that of making cooperation between litigants – a widely recognized, suitable instrument in international law to address transnational offences – an attractive solution as part of the settlement of the case when the exception of GATT Article XX(d) is invoked.
Journal of World Trade