IDEAS home Printed from https://ideas.repec.org/a/oup/jieclw/v18y2015i3p543-554..html
   My bibliography  Save this article

The GATT Article III:8(a) Procurement Derogation and Canada – Renewable Energy

Author

Listed:
  • Arwel Davies

Abstract

This article compares and reviews the panel and Appellate interpretations of the GATT Article III:8(a) procurement derogation in Canada – Renewable Energy. When this derogation is available, discriminatory domestic content requirements fall outside of the general GATT Article III:4 national treatment obligation, and are capable of challenge only under the more limited coverage of the plurilateral Agreement on Government Procurement (GPA). It is argued that the panel’s understanding should be preferred over that of the Appellate to preserve the operation of the derogation in paradigm situations and to avoid the multilateralization of obligations acceded to, or possibly not yet acceded to, under the GPA.

Suggested Citation

  • Arwel Davies, 2015. "The GATT Article III:8(a) Procurement Derogation and Canada – Renewable Energy," Journal of International Economic Law, Oxford University Press, vol. 18(3), pages 543-554.
    • Handle: RePEc:oup:jieclw:v:18:y:2015:i:3:p:543-554.
    as

    Download full text from publisher

    File URL: http://hdl.handle.net/10.1093/jiel/jgv027
    Download Restriction: Access to full text is restricted to subscribers.
    ---><---

    As the access to this document is restricted, you may want to search for a different version of it.

    More about this item

    Statistics

    Access and download statistics

    Corrections

    All material on this site has been provided by the respective publishers and authors. You can help correct errors and omissions. When requesting a correction, please mention this item's handle: RePEc:oup:jieclw:v:18:y:2015:i:3:p:543-554.. See general information about how to correct material in RePEc.

    If you have authored this item and are not yet registered with RePEc, we encourage you to do it here. This allows to link your profile to this item. It also allows you to accept potential citations to this item that we are uncertain about.

    We have no bibliographic references for this item. You can help adding them by using this form .

    If you know of missing items citing this one, you can help us creating those links by adding the relevant references in the same way as above, for each refering item. If you are a registered author of this item, you may also want to check the "citations" tab in your RePEc Author Service profile, as there may be some citations waiting for confirmation.

    For technical questions regarding this item, or to correct its authors, title, abstract, bibliographic or download information, contact: Oxford University Press (email available below). General contact details of provider: https://academic.oup.com/jiel .

    Please note that corrections may take a couple of weeks to filter through the various RePEc services.

    IDEAS is a RePEc service. RePEc uses bibliographic data supplied by the respective publishers.