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Given below are two statements: one is labelled as Assertion (A) and the other is labelled as Reason (R). Assertion (A): The tests of proportionalit
Question

Given below are two statements: one is labelled as Assertion (A) and the other is labelled as Reason (R).
Assertion (A): The tests of proportionality, necessity, and balancing are found at prominent places in the GAIS, the GAIT, as well as in the SPS and TBT Agreements.
Reason (R): The meaning of these tests and their interrelationship is not always clear.
In light of the above statements, choose the most appropriate answer from the options given below:

A.

Both (A) and (R) are correct, and (R) is the correct explanation of (A).

B.

Both (A) and (R) are correct, but (R) is not the correct explanation of (A).

C.

(A) is correct, but (R) is not correct.

D.

(A) is not correct, but (R) is correct.

Correct option is B

The correct answer is : (b) Both (A) and (R) are correct, but (R) is NOT the correct explanation of (A).

Explanation:

1. Analysis of Assertion (A):The Assertion is True. In international trade law—specifically within the World Trade Organization (WTO) framework—the agreements mentioned (GATT, GATS, SPS, and TBT) all rely on these three "tests." They are the gatekeepers used to decide if a country’s domestic regulation is a legitimate safety measure or just a hidden barrier to trade.

2. Analysis of Reason (R):The Reason is also True. Even though these tests are used constantly, their exact definitions are "fuzzy." For example, the WTO's Appellate Body has struggled to define exactly when a measure becomes "more trade-restrictive than necessary." The interrelationship between "necessity" and "proportionality" is a subject of constant debate among legal scholars.

3. Why (R) is NOT the explanation for (A):For (R) to be the correct explanation, it would have to answer why these tests are found in the agreements.

  • The actual reason (A) exists: To balance a country’s right to regulate (for health/safety) with the global goal of free trade.

  • What (R) provides: A critique of the clarity of those tests.The lack of clarity (R) is a consequence or a characteristic of the tests, not the reason they were included in the treaties in the first place.

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