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3.4.2. General Exception Clauses in Practise and Concluding Remarks
Given that general exception clauses are a relatively recent creation, not many instances…
Certain commentators have however asserted that since the majority of general exception…
“[D]etermination of whether a measure, which is not ‘indispensable,’ may nevertheless be ‘necessary’ within the contemplation of Article XX(d), involves in every case a process of weighing and balancing a series of factors which prominently include the contribution made by the compliance measure to the enforcement of the law or regulation at issue, the importance of the common interests or values protected by that law or regulation, and the accompanying impact of the law or regulation on imports or exports.”…
Thus, according to this approach, a tribunal called upon to determine whether a measure…
Despite the uncertainty surrounding the manner in which general exception clauses…
3.4.1. Types of General Exception Clauses
3.5. Insertion of Positive Language Regarding Regulatory Interests in International Investment Agreements
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