United States — Standards for Reformulated and Conventional Gasoline

Title:
United States — Standards for Reformulated and Conventional Gasoline
Party:
United States of America
Region:
North America
Latin America and the Caribbean
Type of document:
International court
Date of text:
April 29, 1996
Data source:
InforMEA
Court name:
WTO Appelate Body
Reference number:
WT/DS2
ECOLEX subject(s):
Legal questions
Air & atmosphere
Link to full text:
https://docs.wto.org/dol2fe/Pages/FE_Search/FE_S_S009-DP.aspx?language=E&CatalogueIdList=44114&CurrentCatalogueIdIndex=0&FullTextHash=&HasEnglishRecord=True&HasFrenchRecord=True&HasSpanishRecord=True
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

Related website:
https://docs.wto.org/