RESEARCH METHODOLOGY

 Statement of Problem:

Article XX of GATT, 1994 allows general exceptions to WTO members to the GATT rules.
Two exceptions are of particular relevance to protect human, animal, plant life or health
[para. (b]), or to ensure conservation of natural resources [para (g)]. Yet even these
exceptions are qualified. If a country restricts trade to conserve exhaustible natural resources
under Article XX(g), such measures must relate strictly to natural resources depletion, and
domestic restrictions must also be instituted at the same time. Any trade measures under this
Article cannot be arbitrary or unjustifiable, as stated in the introductory paragraph or the
chapeau of Article XX. The main idea underlying behind this project is that, the exceptions
given under Article XX, GATT should be appreciated, but then it should be very much done
while considering the chapeau of the same because the exceptions and the chapeau go hand in
hand.

Hypothesis: GATT Article XX on General Exceptions lays out a number of specific

instances in which WTO members may be exempted from GATT rules. Article XX(g) says
that the member countries can adopt policy measures that are inconsistent with GATT in case
they are necessary for the conservation of exhaustible natural resources.

Research Questions:

1) What is GATT and what is its framework?

2) How are trade and environment related?

3) What does GATT Article XX(g) talk about?

4) What are the legal issues that have arisen between member countries under Article XX(g)?

5) What is the general approach followed by the Dispute Settlement Body to decide the
cases?

Objective:

Objective of this research is to understand the functioning of GATT and its regulations, to
analyse article XX(g) of the GATT with the help of case laws.

Sources:
The sources which were of help in making of this project are both primary and secondary
sources.

Primary sources- GATT and WTO and the various cases with respect to the topic

Secondary sources: books, articles and internet websites.

Scope / limitation:

The scope of this project is limited to the GATT Article XX(g) and the cases which have
been decided by the dispute settlement body between the member countries.

Mode of citation:

Bluebook mode of citation.