EC Regulation 1383/2003 and GATT: A Detailed Analysis of EC Regulation Compatibility with Respect to Article XX(d) GATT

摘要

Council Regulation 1383/2003 deals with the goods that are in transit along with authorising the seizure of such goods passing through the EU territories. However, the Regulation comes into conflict with the TRIPS and other WTO provisions that provide for freedom of legitimate trade. This article attempts to test the authority of the Regulation by focusing on GATT art.XX(d) as well as the "necessity principle" flowing through the article and emphasised in the United States Automotive Spring Assemblies case and the Section 337 of the United States Tariff Act 1930 case which are also discussed at length.