Trade Measures Taken for the Protection of National Treasures of Artistic, Historic or Archaeological Value Under Article XX(F) of the GATT 1994
摘要
The WTO aims to liberalize trade and thereby contribute to economic development, employment, and eradication of poverty. It also provides WTO members with regulatory space to take measures for the protection of certain values. With regard to trade in goods, such values are listed, among others, in Article XX of the GATT. Paragraph (f) of this Article refers to measures “imposed for the protection of national treasures of artistic, historic or archaeological value”. Thus, measures imposed for the protection of national treasures of artistic, historic or archaeological value may be considered GATT-consistent even if they are otherwise in violation of a GATT obligation. For a member to benefit from this exception, it has to demonstrate that the measure falls within the scope of this paragraph and complies with the two general requirements found in the chapeau in Article XX. This exception has not yet been invoked in a WTO dispute. If such a dispute arises, the WTO panel might, in interpreting terms such as “national treasures”, “artistic”, “historic” and “archaeological”, take into consideration other treaties that regulate such matters directly and in detail. The paper explains, first, the particularities of Article XX as a treaty provision. It then discusses the conditions for a successful invocation of this provision. The conclusion recaps the discussions and interpretations explored in the paper.