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Published online by Cambridge University Press: 31 August 2023
Chapter 4 examines the requirement in Article XX GATT 1994 and Article XIV GATS (the General Exceptions) as well as Article 2.2 of the TBT Agreement that a Member’s measure must contribute to a certain policy objective. The chapter argues that this requirement is essentially a causal requirement, and raises some jurisprudence that has argued the same. The chapter also traces through parts of the jurisprudence that would seem to support a non-attribution analysis of some kind being used in this context. The chapter concludes by proposing that the Tripartite Non-attribution/Causal Link Analysis might be applied to make a determination of causation for the purposes of this requirement under the General Exceptions and Article 2.2 of the TBT Agreement. The chapter concludes by setting out in detail how the Tripartite Non-attribution/Causal Link Analysis might be applied to make causal determinations for the purposes of the General Exceptions and Article 2.2 of the TBT Agreement.
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