Proposing a Model Clause for Global Public Health Emergencies – Trade-Related Measures
This submission responds to the challenges faced by countries in the multilateral trade system of the World Trade Organisation (WTO) which have found it difficult to secure much needed Personal Protective Equipment (PPEs) during the COVID-19 Pandemic due to restrictions in trade of PPEs invoked by Contracting Parties under the General Agreement on Tariffs and Trade (GATT). We propose a model WTO GATT clause that will prevent the use of GATT provisions (Art. XI:2 (a); Art. XX (b); Art. XXI (b) (iii) and any other provision of GATT 1994 inconsistent with our proposed Clause) to justify exceptions to restrictions in trade of PPEs during a Pandemic or any future Global Public Health Emergency. We envisage that the proposed model clause can be used in non-WTO treaties as well.
Citation : Gathii, J., Omiunu, O., Kayode, O., Nciko, A., Nkomalogo, M., Mbori, H., Maritim, P. (2020) Proposing a Model Clause for Global Public Health Emergencies – Trade-Related Measures. UN ESCAP Policy Hackathon on Model Provisions for Trade in Times of Crisis and Pandemic in Regional and other Trade Agreements.
Research Institute : Institute for Evidence-Based Law Reform (IELR)
Peer Reviewed : Yes
- Department of Law