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China - Measures Affecting Trading Rights and Distribution Services for Certain Publications and Audiovisual Entertainment Products, United States v China, Panel report, WT/DS363/R, Doc No 09-3798, ITL 075 (WTO 2009), 12th August 2009, World Trade Organisation [WTO]

From: Oxford Public International Law (http://opil.ouplaw.com). (c) Oxford University Press, 2023. All Rights Reserved.date: 22 February 2024

Whether the introductory clause of ‘without prejudice to China’s right to regulate trade in a manner consistent with the WTO Agreement’ (‘the ‘without prejudice’ clause) as contained in Paragraph 5.1 of the Protocol on the Accession of the People’s Republic of China to the World Trade Organization permitted a state to adopt or maintain restrictive measures affecting trading rights of importers and exporters.

Whether the general exception as contained in Article 2 of the General Agreement on Tariffs and Trade (1994) (‘GATT 1994’) was applicable to the state’s World Trade Organization (‘WTO’) obligations relating the liberalization of trading rights.

Whether the content review mechanism maintained by a state could be justified by Article 2(a) of the GATT 1994 with a view to protecting its public morals.

Whether a state’s measures affecting reading materials violated its obligations that resulted from Article 16 (market access commitments) and Article 17 (national treatment) of the General Agreement on Trade in Services.

Whether the ‘principle of technological neutrality’ was of any relevance to the interpretation of the WTO agreements. If so, how it impacted on the interpretation of members’ commitments in the services Schedule.

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