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The Effect Of Article Xx of the General Agreement and Tariff and Trade (Gatt) on Environmental Protection Measures: The Case of Malaysia

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International trade has regulations which could affect environmental protection measures. Similarly, to this, environmental protection measures will also have an impact on international trade especially on market access of goods and services. Environmental protection measures are imposed on the trading of goods which might affect human health, animals, and plants. Although it is necessary to protect the environment, an environmental protection measure invoked could also be a disguised restriction to international trade and could be an act of protectionism by a country of its domestic trades. The World Trade Organization (WTO) have taken steps in dealing with these situations and with the existing Article XX of the General Agreement on Tariff and Trade (GATT), have managed to contain any issues in regards to restriction in international trade for the sake of environmental protection. This study is carried out by analyzing the WTO Agreements, Article XX of the GATT, the decision made by the Dispute Settlement Bodies of the WTO in the international dispute cases, Malaysia’s domestic laws and regulations; and journal articles. The significance of this study is to determine Malaysia’s effort in dealing with the international trade rules when invoking environmental protection measures.
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