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China - Measures Affecting Trading Rights and Distribution Services for Certain Publications and Audiovisual Entertainment Products, China v United States, Appellate Body report, WT/DS363/AB/R, Report No AB-2009-3, Doc No 09-6642, ITL 105 (WTO 2009), 21st December 2009, World Trade Organisation [WTO]; Appellate Body

From: Oxford Public International Law (http://opil.ouplaw.com). (c) Oxford University Press, 2015. All Rights Reserved.date: 28 October 2020

Whether a state’s obligation to have provided rights to trade, as set out in Paragraph 5(1) of the Protocol on the Accession of the People's Republic of China to the World Trade Organization and Paragraphs 83(d) and 84(a) and 84(b) of the Report of the Working Party on the Accession of China, extended to films for theatrical release.

Whether the introductory clause of ‘without prejudice to [a state's] right to regulate trade in a manner consistent with the WTO Agreement’ (the ‘without prejudice’ clause) contained in Paragraph 5(1) of China’s Accession Protocol permitted a state to have adopted or maintained restrictive measures affecting trading rights of importers and exporters.

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

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

Whether a state’s commitment on sound recording distribution services under Schedule 2 of the General Agreement on Trade in Services encompassed distribution by electronic means.

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