Unilateralism and protectionism in the World Trade Organization: the interpretation of the chapeau within GATT Article XX

摘要

Purpose - The purpose of this paper is to provide a holistic and cohesive overview of the development of GATT, Article XX; critically focussing, in particular, on whether the interpretation of the provision permits developed member states to embark on unilateral and protectionist actions. Design/methodology/approach - The methodology for this paper was to assess and review the developing jurisprudence of the World Trade Organization (WTO) that relates to the use of Article XX. The paper adopts a chronological critique to analyse the development of the law; included in this is academic theory that underpins and proffers an explanation for the development. Findings - This paper suggests that while Article XX exists as a potential target to permit unilateral action by developed nations, it does not create a guise for unilateralism and protectionism due to the interpretation afforded to the "Chapeau". Practical implications - The paper demonstrates an expansive collection of WTO jurisprudence and case authorities to illustrate the overarching interpretation of Article XX; in doing so, it allows those associated with the WTO to gain a practical overview of the holistic workings of Article XX. Social implications - Through demonstration of Article XX, and its interpretation, this paper outlines the social values and norms most likely to enjoy a privileged status to override WTO obligations. This paper also espouses what social values may develop in the future to be classified within Article XX. Originality/value - This paper provides an original insight by considering holistically, rather than narrowly, the interpretation of Article XX.