Necessity Test

Necessity test in Global Commerce Policy

In this regard, a definition of this issue is as follows: sometimes used to refer to the steps necessary to justify invoking the general exceptions of the GATT. WTO members may adopt or enforce measures necessary to protect public morals (Article XX(a)), necessary to protect human, animal or plant life or health (XX(b)), necessary to secure compliance with laws or regulations not inconsistent with the provisions of the GATT (XX(d)), and restricting exports of domestic materials necessary to ensure the supply of essential quantities to domestic industry (XX(e)), provided that this does not constitute arbitrary or unjustifiable discrimination between countries or a disguised restriction on international trade. The GATT security exceptions (Article XXI) allow WTO members to take any action they consider necessary for the protection of their essential security interests. The GATS contains similar necessity tests in Article XIV (General Exceptions) and Article XIVbis (Security Exceptions).[1]

Necessity testin the wold Encyclopedia

For an introductory overview on international trade policy, see this entry.

Resources

Notes and References

1. Dictionary of Trade Policy, “Necessity test” entry (OAS)

See Also