Avoiding Barriers to Legitimate Trade: Objectives and Obligations

Avoiding Barriers to Legitimate Trade: Objectives and Obligations
Matthew Kennedy, University of International Business and Economics, Beijing

978-94-035-0330-1
Kluwer Law International BV, The Netherlands

This introductory chapter explains the links between GATT 1947, the WTO/TRIPS Agreement 1994 and how the notion of avoiding barriers to legitimate trade was developed in the context of determining the lawfulness of enforcement measures under GATT 1947. The chapter concludes with an analysis of how this concept should be interpreted within the framework of GATT 1994, and whether it also has significance beyond the field of enforcement.