Decisions of the Appellate Body of the World Trade Organization

Turkey-Restrictions on Imports of Textile and Clothing Products

4. Conclusions

On the issue of the jurisdiction of panels to consider member state actions under Article XXIV, the Appellate Body, following its decision in India-- Quantitative Restrictions on Imports of Agricultural, Textile and Industrial Products, asserted the authority of panels to examine these issues. The Appellate Body established a two-part test, first examining whether a customs union would be formed within the meaning, and subject to the conditions, of Articles XXIV:5 and 8 of GATT 1994, then examining the necessity of the violation of other GATT 1994 provisions that the respondent seeks to justify under Article XXIV.

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