This dispute concerns a series of Chinese measures regulating activities relating to the importation and distribution of: reading materials (for example, books, newspapers, periodicals, electronic publications); audiovisual home entertainment (‘AVHE’) products (for example, videocassettes, video compact discs, digital video discs (‘DVDs’)); sound recordings (for example, recorded audio tapes); and films for theatrical release. Pursuant to a claim by the United STates, the WTO Appellate Body decided that, by virtue of the introductory clause of paragraph 5.1 of China's Accession Protocol, China could invoke Article XX(a) of the GATT 1994 to justify provisions found to be inconsistent with China's trading rights commitments under its Accession Protocol and Working Party Report. The AB, however, concluded that China had not demonstrated that the relevant Chinese provisions, attacked by the US, were necessary to protect public morals, within the meaning of Article XX(a) of the GATT 1994, with the result that the challenged national measures could not be justified under Article XX(a).

China - Measures Affecting Trading Rights and Distribution Services for Certain Publications and Audiovisual Entertainment Products (WT/DS363/AB/R), Appellate Body Report issued on 21 December 2009, adopted on 19 January 2010

BARONCINI, ELISA
2012

Abstract

This dispute concerns a series of Chinese measures regulating activities relating to the importation and distribution of: reading materials (for example, books, newspapers, periodicals, electronic publications); audiovisual home entertainment (‘AVHE’) products (for example, videocassettes, video compact discs, digital video discs (‘DVDs’)); sound recordings (for example, recorded audio tapes); and films for theatrical release. Pursuant to a claim by the United STates, the WTO Appellate Body decided that, by virtue of the introductory clause of paragraph 5.1 of China's Accession Protocol, China could invoke Article XX(a) of the GATT 1994 to justify provisions found to be inconsistent with China's trading rights commitments under its Accession Protocol and Working Party Report. The AB, however, concluded that China had not demonstrated that the relevant Chinese provisions, attacked by the US, were necessary to protect public morals, within the meaning of Article XX(a) of the GATT 1994, with the result that the challenged national measures could not be justified under Article XX(a).
E. Baroncini
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Utilizza questo identificativo per citare o creare un link a questo documento: http://hdl.handle.net/11585/102809
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