WORLD TRADE
ORGANIZATIONWT/CTE/W/53/Rev.1/Corr.1*
30 November 1998
(98-4791)
Committee on Trade and Environment
GATT/WTO DISPUTE SETTLEMENT PRACTICE RELATING TO ARTICLE XX,
PARAGRAPHS (b), (d) AND (g) OF GATT
Note by the Secretariat
Corrigendum
1. Paragraph 31 of document WT/CTE/W/53/Rev.1 should read as follows:
31. Thus, according to the Appellate Body, the approach chosen by the Panel -
i.e. examining the chapeau first- led it to form ulate an inappropriately broad test (that of a
measure which "undermines the WTO multilateral trading system") (see also above
paragraph 11).  The Appellate Body further noted that
"conditioning access to a Member's domestic market on whether exporting
Members comply with, or adopt, a policy or policies unilaterally prescribedby the importing Member may, to some degree, be a common aspect of
measures falling within the scope of one or another of the exceptions (a) to (j)
of Article XX.  Paragraphs (a) to (j) comprise measures that are recognized as
exceptions to substantive obligations  established in the GATT 1994, because
the domestic policies embodied in such measures have been recognized as
important and legitimate in character.  It is not necessary to assume that
requiring from exporting countries compliance with, or adoption of, certainpolicies (although covered in principle by one or another of the exceptions)
prescribed by the importing country, renders a measure a priori  incapable of
justification under Article XX.  Such an interpretation renders most, if not all,
of the specific exceptions of Article XX inutile, a result abhorrent to the
principles of interpretation we are bound to apply."
38
2. Paragraph 19, second sentence, of Annex I of the same document should read:  "Pursuant tothe ESA, the United States requires that US shrimp trawlers ...".
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* English only.
38Ibidem , paragraph 115-122, in particular paragraph 121.