International commercial law coursework Essay Example | Topics and Well Written Essays - 7500 words

International commercial law coursework - Essay Example prohibits quantitative restrictions through the imposition of quota by any contracting party, and this principle is considered to be the cornerstone of the GATT system.1 Brazil has claimed that the quota restriction has been imposed on the ground that the solar plates emit radiation, and so, presumably the restriction has been taken as a measure to protect public health and environment. As per Article XX (b) of GATT 1994, Member states have the right take such measures necessary to protect human, animal or plant life or health, provided that such measures are not arbitrary or a disguised restriction on international trade, and relate to all obligations under GATT 1994 including Article XI paragraph 1 thereof.2 Consequently, Brazil’s imposition of quota restrictions on import of solar plates would be inconsistent with WTO law unless Brazil can demonstrate that the measure is covered by Article XX of GATT 1994. Brazil cannot place reliance on Article XX of GATT, 1994 to defend t he quota restriction placed on the import of solar plates for the following reasons: a). Requirement of scientific evidence and risk assessment: In order to claim the exception under Article XX of GATT 1994, there should be sufficient scientific evidence to conclude that there exists a risk for human life or health and that the measures taken by the particular Member State are necessary in relation to the objectives pursued.3 The elaborate rules for application of the provisions of Article XX of GATT 1994, including Article XX (b) thereof, are codified under the Agreement on Sanitary and Phytosanitary Measures (â€Å"SPS Agreement†).4 As per the SPS Agreement any measure designed to protect human, plant or animal health, should be based on scientific principles and should not be applied without sufficient scientific evidence.5 The SPS Agreement also requires Member States to ensure that any such measures are based on an assessment of the risks to human, plant or animal life, employing proper