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1996年,加拿大安大略省以本省境内销售的可回收的不可重复利用的易拉罐装啤酒包装不利于环保为由

  1996年,国拿大安大略省以本省境内销售的可回收的不可重复利用的易拉罐装啤酒包装不利于环保为由,决定对境内这种罐装啤酒征收捐税,事实上,市场上销售的罐装啤酒几乎都是德国A厂生产的,本地啤酒都是瓶装。另外,本地的罐装饮料、罐头不属于征税范围。A厂认为,安省此举违背了WTO的规则(加拿大和德国均为WTO成员),安省认为其采取的措施属于一般例外范围,不受GATT规则约束。双主发生争议。
  问:该争议应由那些规则调整?安省的规定是否违反WTO规则?该纠纷应如何解决?

【参考答案】

【解析】双方争议属于GATT国民待遇原则调整范围。不属于GATT一般例外的范围。一般例外不包括因加工方法不合标准采取的限制。
安省的行为属于歧视A厂的行为,违反GATT的国民待遇原则。A厂可肉当地政府请求其改正,也可通过本国政府与该国协商甚至向WTO申诉。
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