United States - Standards for Reformulated and Conventional Gasoline [1996]
WT/DS2/AB/R · Appellate Body · World Trade Organization
Issue
Whether the US measure violated GATT Article III:4 and could be justified under Article XX(g) as relating to the conservation of exhaustible natural resources.
Held
The measure violated Article III:4 and failed to meet the chapeau of Article XX because it constituted unjustifiable discrimination.
Exam use
In an exam, introduce United States - Standards for Reformulated and Conventional Gasoline with the citation only if you can remember it accurately; otherwise use the case name and court, then focus on the rule and application. A strong answer should say what United States - Standards for Reformulated and Conventional Gasoline decided, why the facts mattered, and how the authority helps resolve the new facts. Avoid treating the case as a decorative reference. Use it to prove a doctrinal step in General exceptions (Article XX), then move quickly to analysis.
Summary
United States - Standards for Reformulated and Conventional Gasoline is included in the World Trade Organization Law case database because it gives students a concrete authority for General exceptions (Article XX). The reported citation is WT/DS2/AB/R, and the decision is associated with Appellate Body. In revision, treat the case as a way to connect the legal issue to a real dispute rather than as an abstract rule. The key exam move is to state the holding, identify the fact pattern that made the rule matter, and then decide whether a new problem question should apply, distinguish, or limit the authority.
Facts
Procedural History
Issue
Whether the US measure violated GATT Article III:4 and could be justified under Article XX(g) as relating to the conservation of exhaustible natural resources.
Held
The measure violated Article III:4 and failed to meet the chapeau of Article XX because it constituted unjustifiable discrimination.
Ratio Decidendi
A measure that discriminates between domestic and imported products must meet both the specific exception and the chapeau of Article XX, which requires good faith and even-handedness.
Obiter Dicta
Check the linked source for concurring, dissenting, or obiter observations before quoting this case. If the case includes non-binding reasoning, use it as persuasive support rather than as the core rule.
Reasoning
Plain-English Explanation
Essay-Ready Explanation Generator
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Reference to United States - Standards for Reformulated and Conventional Gasoline (WT/DS2/AB/R) strengthens a World Trade Organization Law answer because the case reflects the principle that A measure that discriminates between domestic and imported products must meet both the specific exception and the chapeau of Article XX, which requires good faith and even-handedness. Applied to a problem question, the case should be used after identifying the issue as Whether the US measure violated GATT Article III:4 and could be justified under Article XX(g) as relating to the conservation of exhaustible natural resources. The stronger essay move is to connect the material facts to the court's holding, then explain whether the present facts support the same conclusion or justify distinguishing the authority.
Underlying Concepts
- world-trade-organization-law
- World Trade Organization Law
- General exceptions (Article XX)
- case authority
- exam application
Key Passages
- Verify exact wording in the linked source before quoting.
Significance
Related Cases
No related cases listed.
Exam Tips
Revision Checklist
- Name the issue before discussing facts so the marker sees the legal question immediately.
- State the holding in one sentence, then use the ratio to explain why the court reached that result.
- Use the citation and jurisdiction to show why this authority matters for the problem you are answering.
- Pair this case with one supporting or contrasting authority if the question tests limits, policy, or exceptions.
Problem Question Use
Common Pitfalls
- Name-dropping the case without applying the facts
- Ignoring jurisdiction or procedural posture
- Quoting without checking the linked source