Reconciling WTO General Exceptions with China's Accession Protocol

Every WTO accession protocol states that it “shall be an integral part of the WTO Agreement.” But what legal effect does this clause really have? Specifically, does it allow application of the general exceptions found in GATT Art. XX and GATS Art. XIV to accession protocol commitments? Understanding this relationship between the Multilateral Trade Agreements and accession protocols is a critical next step as Members seek to enforce these obligations in Dispute Settlement Body (“DSB”) proceedings. To date, few WTO disputes have addressed issues arising from accession protocols. However, Panel and Appellate Body reports have reached discordant results regarding how and when a Member's rights under the Multilateral Trade Agreements, apply to accession protocol obligations. China's Accession Protocol provides valuable insight into the emerging legal relationship between accession protocols and the Multilateral Trade Agreements, as it is the first non-standard, and most disputed, accession protocol. This Note concludes that permitting application of GATT Art. XX and GATS Art. XIV, simplifies legal issues underlying WTO disputes, comports with interpretation under the Vienna Convention on the Law of Treaties (“VCLT”), and balances the obligations of existing WTO members with the expectations of entering members