MJIEL Vol 9 Issue 2 2012 - Editorial

Communication Flows in International Economic Law

In the recent WTO Appellate Body decision China – Measures Related to the Exportation of Various Raw Materials the Appellate Body observed, in response to the argument that China had retained its inherent right to regulate trade, as follows:
...we understand the WTO Agreement, as a whole, to reflect the balance struck by WTO Members between trade and non-trade-related concerns.
This is an interesting observation made by the Appellate Body in so far there is a claim that all the conceivable non-trade related concerns have been captured in the WTO Agreement as a whole. According to the Appellate Body the Member has entered into a pact wherein it has abandoned all rights to regulate non-trade related concerns in exercising its right to regulate trade.

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