Rare Earths:Canons Of Interpretation On The Availability Of Article XX Beyond The GATT

The relationship between GATT Article XX and other WTO agreements,such as Accession Protocols,SPS and TBT,has been a long-lasting controversy in WTO jurisprudence.Despite later development of muddled jurisprudence on the availability of GATT Article XX in China-Publications,China-Raw Materials and recent China-Rare Earths that shed some light on the relationship between the GATT and China’s Accession Protocol,there remains more of uncertainty than clarity.This paper attempts to throw light on the systemic relationship between GATT Article XX and other WTO agreements based on the relevant WTO cases addressing the relationship between GATT Article XX and China’s Accession Protocol.