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United States — Standards for Reformulated and Conventional Gasoline

Country/Territory
United States of America
Type of court
International court
Date
Apr 29, 1996
Source
UNEP, InforMEA
Court name
WTO Appelate Body
Reference number
WT/DS2
Language
English
Subject
Air & atmosphere, Legal questions
Abstract

Venezuela requested consultations on 24 January 1995 and Brazil on 10 April 1995. Complainants alleged that a US gasoline regulation discriminated against complainants’ gasoline.  The “Gasoline Rule” under the US Clean Air Act that set out the rules for establishing baseline figures for gasoline sold on the US market (different methods for domestic and imported gasoline), with the purpose of regulating the composition and emission effects of gasoline to prevent air pollution.

In respect of the US defence under Art. XX(g), the Appellate Body modified the Panel's reasoning and found that the measure was “related to” (i.e. “primarily aimed at”) the “conservation of exhaustible natural resources” and thus fell within the scope of Art. XX(g). However, the measure was still not justified by Art. XX because the discriminatory aspect of the measure constituted “unjustifiable discrimination” and a “disguised restriction on international trade” under the chapeau of Art. XX.

 

 

Source:
https://www.wto.org/english/tratop_e/dispu_e/cases_e/1pagesum_e/ds2sum_e.pdf

https://www.wto.org/english/tratop_e/dispu_e/cases_e/ds2_e.htm

Full text
FE_S_S009-DP.aspx
Website
docs.wto.org