On The Application Of Article 20 Of GATT In International Trade Disputes

In 2009,the House of Representatives of the United States passed through The American Clean Energy and Security which is aimed at decreasing emission of greenhouse gases,lessening American's dependency on imported petroleum and establishing a blueprint of American green energy.American government is authorized by the bill to impose carbon tariff about aluminum,steel and chemical products exported from countries that refuse to reduce emission to America since2020.The measure of carbon tariff has been studied by many scholars.At present,there is no any international trade dispute about carbon tariff measure.Therefore,research on the legality of carbon tariff remains theoretical.In the first place,it's necessary to define the character of carbon tariff.Carbon tariff might be a kind of new trade barriers and a border tax adjustment as well.No matter what definition it is,carbon tariff should be restrictly proved whether it is legal and reasonable.Carbon tariff is a new trade measure whose feasibility needs to be discussed.However,there is no doubt that carbon tariff is a new trade principle that plays an important role in international trade.In the second place,once carbon tariff is put into effect,it is no doubt that carbon tariff has an effect on international trade,the environment and public health at the same time.Undoubtedly,carbon tariff violates the principles of National Treatment and Most-Favored-Nation Treatment(both called Nondiscrimination Principle)of the General Agreement on tariffs and trade(GATT).GATT provides general exception clauses in Article 20 which can be cited as defenses when some trade measures violate the general obligations of GATT.However,it's necessary to limit the explanation and application of the general exception clauses in order to prevent the abusive usage of it.Through analyzing the famous cases about the Brazil-Measures Affecting Imports of Retreaded Tyre and the United States-Standards for Reformulated and Conventional Gasoline,this thesis will analyze the Article 20 from the content of preface and paragraph b(the general exception clause of public health)and g(the general exception clause of environment protection).In Article 20,its content of general exception is not limitless.As result,when cited the Article 20,one country should find the corresponding paragraph among 10 paragraphs as defenses.GATT Article 20,well-known as an exception of international trade rules,has its strict regulations including explanation methods,examination order and content.As with the constant development of international trade,the application of the general exception clauses will come into being a series of standard rules of law as well.