Article XX Of GATT: Territoriality Of Unilateral Trade Measure And Sustainable Development

Abstract

Understanding the connection between international commerce law, international
environmental law, and general international law has become increasingly dependent on
the interpretation of GATT Article XX. Since the standards for provisional explanation of
trade measures in paragraphs XX(b) and XX(g) are different, it follows that the policies
and measures addressed in each paragraph should be distinct. The question of whether
paragraphs XX(b) and XX(g) have been read in conformity with the norm of effective
treaty interpretation is raised by the jurisprudence on paragraph XX(g), which seems to
render paragraph XX(b) rather superfluous.
More explanation is needed for the connection between commerce and development,
with its striking focus on resource conservation. Historically, humans have begun their
lives in very small groups, as hunter-gatherers who rely on the whims of nature when it
comes to the availability of supplies. Every single aspect of our economy and our progress
depends on the extraction of raw materials. The last decade of the twentieth century saw
the realization of economic and developmental objectives at all levels, thanks to the
combined effects of rapid technical progress on the one hand and Liberalization,
Privatization, and Globalization (LPG) on the other. While international law has always
been tested, the final decade of the twentieth century and the beginning of the twentyfirst century provide the greatest test to yet.
One of the fastest expanding disciplines on the global, regional, and national levels is
resource conservation for the benefit of current and future generations. Sustainability
advocates for a future when people don’t have to worry about the consequences of their
actions now. The Rio Declaration’s goals apply not just during times of peace and
prosperity, but also during times of war.
This idea is useful in establishing equitable society. Recognizing the urgency of the
environmental sustainability issue, the UNCED provides a detailed description of the
necessity for a policy framework based on guiding norms and principles, which neither the UNCHE nor the UNCED provide. From the perspective of the principles and aims of
free trade, which have brought more emphasis to the complementarities between
development and the environment, these principles have been crafted to safeguard the
global environment.