In EC-Asbestos the Appellate Body has told us that (l) in interpreting Article III:4 of the GATT, we must take explicit account of the policy in Article III: l that measures should not be applied "so as to afford protection to domestic production" [hereafter just "so as to afford protection"]. In Chile- Alcohol the Appellate Body has told us that (2) in deciding whether a measure is applied "so as to afford protection," we must consider "the purposes or objectives of a Member's legislature and government as a whole"- in other words, the regulatory purpose of the measure. Chile- Alcohol was decided under Article III:2, but it involves the very same "so as to afford protection" that Asbestos says we look to in interpreting Article II1:4. It follows from (l) and (2) that in interpreting Article III:4, we must consider the regulatory purpose of the measure under review.
Publication Information & Recommended Citation
Regan, Donald H. "Regulatory Purpose and 'Like Products' in Article III:4 of the GATT (with Additional Remarks on Article III:2)." In Trade and Human Health and Safety, edited by G. Bermann and P. Mavroidis, 190-223. Columbia Studies in WTO Law and Policy. New York: Cambridge Univ. Press, 2006.