CLAT Exam  >  CLAT Questions  >  Directions: Read the following passage and an... Start Learning for Free
Directions: Read the following passage and answer the question.
India banned 250+ Chinese apps under Section 69A of the Information Technology Act, and justifying its move, the government cited the reasons of apps engaging in activities which were prejudicial to sovereignty and integrity of India, defence of India, the security of the state and public order. The Chinese Foreign Ministry has through its press release alleged India of violating the WTO rules.
World Trade Organisation (WTO) is the chief body that looks into discriminatory trade practices. It was formed by Marrakesh Agreement which succeeded the erstwhile General Agreement on Trade and Tariffs, 1947 (GATS). As far as the obligations are concerned, every member state is mandated to maintain anti-discriminatory policies and keep their markets open access based markets. Services under GATS are defined as any service in any sector except services supplied in the exercise of governmental authority and thus incorporate within its definition all kinds of services as long as they are commercial in nature. However, the question that is often raised is - Are Internet-based services covered by GATS?
When we talk of e-commerce, then such activities are indeed under the GATS agreement as they require physical delivery, but when it comes to purely Internet-based services like Facebook and search engines, they were generally seen as exceptions until the US-Gambling dispute which applied the provisions of the GATS to online gambling and thus cleared the classification of online services under GATS.
As long as such restrictions have the same impact on all the domestic and foreign states, there is no case of National Treatment obligation breach. However, as in the present case, only China looks to have been disadvantaged, it is pressing for charges of discriminatory tactics. As per Article XVI of the GATS, member states are prohibited from imposing quantitative restrictions in areas where they have undertaken such commitments. In this case, the present ban can be seen as a 'quota restriction'.
But would that make India's move look like a contradiction to the obligations? The answer is - No because just like every other obligation, there exist certain exceptions. The GATS obligations of member states may sometimes conflict with national defence and security interests and hence Article XXI provides a list of security exceptions to the obligations that are imposed under GATS. When we interpret this provision, we can clearly say that India's move has been in no way violative, as it is clearly protected as an exception.
[Extracted with edits and revisions from, 'Indian Ban on Chinese Apps: Does the Move Contradict WTO Rules?', Jurist.org]
Q. Country A and Country B have historically maintained friendly relations. However, due to a misunderstanding, Country A initiated an attack on Country B. In response, Country B imposed various trade restrictions on Country A. Can this action by Country B be contested in the World Trade Organization (WTO) as a discriminatory practice?
  • a)
    Yes, trade and war are distinct matters, and they should not be linked; therefore, they should remain separate.
  • b)
    Yes, this action by Country B goes beyond what is envisaged in WTO rules during times of war.
  • c)
    No, exceptions related to national defense and security interests are valid under GATS.
  • d)
    None of the above.
Correct answer is option 'C'. Can you explain this answer?
Most Upvoted Answer
Directions: Read the following passage and answer the question.India b...
The passage discusses how national defense and security interests can sometimes conflict with the obligations imposed by the General Agreement on Trade in Services (GATS). Article XXI of GATS provides a list of security exceptions that allow a state party to temporarily set aside its obligations under the agreement if it deems such action essential for its national security interests. Therefore, the correct answer is that trade restrictions imposed by Country B due to national defense and security concerns are valid under GATS and cannot be challenged as discriminatory practices in the WTO.
Attention CLAT Students!
To make sure you are not studying endlessly, EduRev has designed CLAT study material, with Structured Courses, Videos, & Test Series. Plus get personalized analysis, doubt solving and improvement plans to achieve a great score in CLAT.
Explore Courses for CLAT exam

Similar CLAT Doubts

Directions: Read the following passage and answer the question.India banned 250+ Chinese apps under Section 69A of the Information Technology Act, and justifying its move, the government cited the reasons of apps engaging in activities which were prejudicial to sovereignty and integrity of India, defence of India, the security of the state and public order. The Chinese Foreign Ministry has through its press release alleged India of violating the WTO rules.World Trade Organisation (WTO) is the chief body that looks into discriminatory trade practices. It was formed by Marrakesh Agreement which succeeded the erstwhile General Agreement on Trade and Tariffs, 1947 (GATS). As far as the obligations are concerned, every member state is mandated to maintain anti-discriminatory policies and keep their markets open access based markets. Services under GATS are defined as any service in any sector except services supplied in the exercise of governmental authority and thus incorporate within its definition all kinds of services as long as they are commercial in nature. However, the question that is often raised is - Are Internet-based services covered by GATS?When we talk of e-commerce, then such activities are indeed under the GATS agreement as they require physical delivery, but when it comes to purely Internet-based services like Facebook and search engines, they were generally seen as exceptions until the US-Gambling dispute which applied the provisions of the GATS to online gambling and thus cleared the classification of online services under GATS.As long as such restrictions have the same impact on all the domestic and foreign states, there is no case of National Treatment obligation breach. However, as in the present case, only China looks to have been disadvantaged, it is pressing for charges of discriminatory tactics. As per Article XVI of the GATS, member states are prohibited from imposing quantitative restrictions in areas where they have undertaken such commitments. In this case, the present ban can be seen as a quota restriction.But would that make Indias move look like a contradiction to the obligations? The answer is - No because just like every other obligation, there exist certain exceptions. The GATS obligations of member states may sometimes conflict with national defence and security interests and hence Article XXI provides a list of security exceptions to the obligations that are imposed under GATS. When we interpret this provision, we can clearly say that Indias move has been in no way violative, as it is clearly protected as an exception.[Extracted with edits and revisions from, Indian Ban on Chinese Apps: Does the Move Contradict WTO Rules?, Jurist.org]Q.Suppose India decides to prohibit the usage of Twitter and Facebook, citing concerns related to sovereignty and security, as permitted by Section 69A of the Information Technology Act. Is the Indian government empowered to take such action?

Directions: Read the following passage and answer the question.India banned 250+ Chinese apps under Section 69A of the Information Technology Act, and justifying its move, the government cited the reasons of apps engaging in activities which were prejudicial to sovereignty and integrity of India, defence of India, the security of the state and public order. The Chinese Foreign Ministry has through its press release alleged India of violating the WTO rules.World Trade Organisation (WTO) is the chief body that looks into discriminatory trade practices. It was formed by Marrakesh Agreement which succeeded the erstwhile General Agreement on Trade and Tariffs, 1947 (GATS). As far as the obligations are concerned, every member state is mandated to maintain anti-discriminatory policies and keep their markets open access based markets. Services under GATS are defined as any service in any sector except services supplied in the exercise of governmental authority and thus incorporate within its definition all kinds of services as long as they are commercial in nature. However, the question that is often raised is - Are Internet-based services covered by GATS?When we talk of e-commerce, then such activities are indeed under the GATS agreement as they require physical delivery, but when it comes to purely Internet-based services like Facebook and search engines, they were generally seen as exceptions until the US-Gambling dispute which applied the provisions of the GATS to online gambling and thus cleared the classification of online services under GATS.As long as such restrictions have the same impact on all the domestic and foreign states, there is no case of National Treatment obligation breach. However, as in the present case, only China looks to have been disadvantaged, it is pressing for charges of discriminatory tactics. As per Article XVI of the GATS, member states are prohibited from imposing quantitative restrictions in areas where they have undertaken such commitments. In this case, the present ban can be seen as a quota restriction.But would that make Indias move look like a contradiction to the obligations? The answer is - No because just like every other obligation, there exist certain exceptions. The GATS obligations of member states may sometimes conflict with national defence and security interests and hence Article XXI provides a list of security exceptions to the obligations that are imposed under GATS. When we interpret this provision, we can clearly say that Indias move has been in no way violative, as it is clearly protected as an exception.[Extracted with edits and revisions from, Indian Ban on Chinese Apps: Does the Move Contradict WTO Rules?, Jurist.org]Q.In the context of the General Agreement on Trade in Services (GATS), what does the passage suggest about Internet-based services like Facebook and search engines?

Directions: Read the following passage and answer the question.India banned 250+ Chinese apps under Section 69A of the Information Technology Act, and justifying its move, the government cited the reasons of apps engaging in activities which were prejudicial to sovereignty and integrity of India, defence of India, the security of the state and public order. The Chinese Foreign Ministry has through its press release alleged India of violating the WTO rules.World Trade Organisation (WTO) is the chief body that looks into discriminatory trade practices. It was formed by Marrakesh Agreement which succeeded the erstwhile General Agreement on Trade and Tariffs, 1947 (GATS). As far as the obligations are concerned, every member state is mandated to maintain anti-discriminatory policies and keep their markets open access based markets. Services under GATS are defined as any service in any sector except services supplied in the exercise of governmental authority and thus incorporate within its definition all kinds of services as long as they are commercial in nature. However, the question that is often raised is - Are Internet-based services covered by GATS?When we talk of e-commerce, then such activities are indeed under the GATS agreement as they require physical delivery, but when it comes to purely Internet-based services like Facebook and search engines, they were generally seen as exceptions until the US-Gambling dispute which applied the provisions of the GATS to online gambling and thus cleared the classification of online services under GATS.As long as such restrictions have the same impact on all the domestic and foreign states, there is no case of National Treatment obligation breach. However, as in the present case, only China looks to have been disadvantaged, it is pressing for charges of discriminatory tactics. As per Article XVI of the GATS, member states are prohibited from imposing quantitative restrictions in areas where they have undertaken such commitments. In this case, the present ban can be seen as a quota restriction.But would that make Indias move look like a contradiction to the obligations? The answer is - No because just like every other obligation, there exist certain exceptions. The GATS obligations of member states may sometimes conflict with national defence and security interests and hence Article XXI provides a list of security exceptions to the obligations that are imposed under GATS. When we interpret this provision, we can clearly say that Indias move has been in no way violative, as it is clearly protected as an exception.[Extracted with edits and revisions from, Indian Ban on Chinese Apps: Does the Move Contradict WTO Rules?, Jurist.org]Q.What was the primary reason cited by the Indian government for banning over 250 Chinese apps under Section 69A of the Information Technology Act?

Directions: Read the following passage and answer the question.India banned 250+ Chinese apps under Section 69A of the Information Technology Act, and justifying its move, the government cited the reasons of apps engaging in activities which were prejudicial to sovereignty and integrity of India, defence of India, the security of the state and public order. The Chinese Foreign Ministry has through its press release alleged India of violating the WTO rules.World Trade Organisation (WTO) is the chief body that looks into discriminatory trade practices. It was formed by Marrakesh Agreement which succeeded the erstwhile General Agreement on Trade and Tariffs, 1947 (GATS). As far as the obligations are concerned, every member state is mandated to maintain anti-discriminatory policies and keep their markets open access based markets. Services under GATS are defined as any service in any sector except services supplied in the exercise of governmental authority and thus incorporate within its definition all kinds of services as long as they are commercial in nature. However, the question that is often raised is - Are Internet-based services covered by GATS?When we talk of e-commerce, then such activities are indeed under the GATS agreement as they require physical delivery, but when it comes to purely Internet-based services like Facebook and search engines, they were generally seen as exceptions until the US-Gambling dispute which applied the provisions of the GATS to online gambling and thus cleared the classification of online services under GATS.As long as such restrictions have the same impact on all the domestic and foreign states, there is no case of National Treatment obligation breach. However, as in the present case, only China looks to have been disadvantaged, it is pressing for charges of discriminatory tactics. As per Article XVI of the GATS, member states are prohibited from imposing quantitative restrictions in areas where they have undertaken such commitments. In this case, the present ban can be seen as a quota restriction.But would that make Indias move look like a contradiction to the obligations? The answer is - No because just like every other obligation, there exist certain exceptions. The GATS obligations of member states may sometimes conflict with national defence and security interests and hence Article XXI provides a list of security exceptions to the obligations that are imposed under GATS. When we interpret this provision, we can clearly say that Indias move has been in no way violative, as it is clearly protected as an exception.[Extracted with edits and revisions from, Indian Ban on Chinese Apps: Does the Move Contradict WTO Rules?, Jurist.org]Q.An individual has approached the Supreme Court, arguing that the use of a Chinese app is their fundamental right and cannot be restricted by the Indian government. Decide.

Problem(For question)Rules A: The State shall not discriminate, either directly or indirectly, on the grounds of sex, race, religion, caste, creed, sexual orientation, marital status, disability, pregnancy, place of birth, gender orientation or any other status.Rules B: Direct discrimination occurs when for a reason related to one or more prohibited grounds a person or group of persons is treated less favourably than another person or another group of persons in a comparable situation.Rules C: Indirect discrimination occurs when a provision, criterion or practice which is neutral on the fact of it would have the effect of putting persons having a status or a characteristic associate with one or more prohibited grounds at a particular disadvantage compared with other persons.Rules D: Discrimination shall be justified when such discrimination is absolutely necessary in order to promote the well-being of disadvantaged groups, such as women, dalits, religions minorities, sexual minorities or disabled persons.Rule E: ‘A discriminatory act shall be justified if its effect is to promote the well-being of disadvantaged groups, such as women, dalits, religious minorities, sexual minorities or disabled persons’.Facts: On 2nd October 2010, the Governor of the state of Bihar ordered the release of all women prisoners who were serving sentence of less than one year imprisonment to mark the occasion of Mahatma Gandhi’s birthday.Q. Would you first Order of release of all women prisoners be justified under Rule E?

Top Courses for CLAT

Directions: Read the following passage and answer the question.India banned 250+ Chinese apps under Section 69A of the Information Technology Act, and justifying its move, the government cited the reasons of apps engaging in activities which were prejudicial to sovereignty and integrity of India, defence of India, the security of the state and public order. The Chinese Foreign Ministry has through its press release alleged India of violating the WTO rules.World Trade Organisation (WTO) is the chief body that looks into discriminatory trade practices. It was formed by Marrakesh Agreement which succeeded the erstwhile General Agreement on Trade and Tariffs, 1947 (GATS). As far as the obligations are concerned, every member state is mandated to maintain anti-discriminatory policies and keep their markets open access based markets. Services under GATS are defined as any service in any sector except services supplied in the exercise of governmental authority and thus incorporate within its definition all kinds of services as long as they are commercial in nature. However, the question that is often raised is - Are Internet-based services covered by GATS?When we talk of e-commerce, then such activities are indeed under the GATS agreement as they require physical delivery, but when it comes to purely Internet-based services like Facebook and search engines, they were generally seen as exceptions until the US-Gambling dispute which applied the provisions of the GATS to online gambling and thus cleared the classification of online services under GATS.As long as such restrictions have the same impact on all the domestic and foreign states, there is no case of National Treatment obligation breach. However, as in the present case, only China looks to have been disadvantaged, it is pressing for charges of discriminatory tactics. As per Article XVI of the GATS, member states are prohibited from imposing quantitative restrictions in areas where they have undertaken such commitments. In this case, the present ban can be seen as a quota restriction.But would that make Indias move look like a contradiction to the obligations? The answer is - No because just like every other obligation, there exist certain exceptions. The GATS obligations of member states may sometimes conflict with national defence and security interests and hence Article XXI provides a list of security exceptions to the obligations that are imposed under GATS. When we interpret this provision, we can clearly say that Indias move has been in no way violative, as it is clearly protected as an exception.[Extracted with edits and revisions from, Indian Ban on Chinese Apps: Does the Move Contradict WTO Rules?, Jurist.org]Q.Country A and Country B have historically maintained friendly relations. However, due to a misunderstanding, Country A initiated an attack on Country B. In response, Country B imposed various trade restrictions on Country A. Can this action by Country B be contested in the World Trade Organization (WTO) as a discriminatory practice?a)Yes, trade and war are distinct matters, and they should not be linked; therefore, they should remain separate.b)Yes, this action by Country B goes beyond what is envisaged in WTO rules during times of war.c)No, exceptions related to national defense and security interests are valid under GATS.d)None of the above.Correct answer is option 'C'. Can you explain this answer?
Question Description
Directions: Read the following passage and answer the question.India banned 250+ Chinese apps under Section 69A of the Information Technology Act, and justifying its move, the government cited the reasons of apps engaging in activities which were prejudicial to sovereignty and integrity of India, defence of India, the security of the state and public order. The Chinese Foreign Ministry has through its press release alleged India of violating the WTO rules.World Trade Organisation (WTO) is the chief body that looks into discriminatory trade practices. It was formed by Marrakesh Agreement which succeeded the erstwhile General Agreement on Trade and Tariffs, 1947 (GATS). As far as the obligations are concerned, every member state is mandated to maintain anti-discriminatory policies and keep their markets open access based markets. Services under GATS are defined as any service in any sector except services supplied in the exercise of governmental authority and thus incorporate within its definition all kinds of services as long as they are commercial in nature. However, the question that is often raised is - Are Internet-based services covered by GATS?When we talk of e-commerce, then such activities are indeed under the GATS agreement as they require physical delivery, but when it comes to purely Internet-based services like Facebook and search engines, they were generally seen as exceptions until the US-Gambling dispute which applied the provisions of the GATS to online gambling and thus cleared the classification of online services under GATS.As long as such restrictions have the same impact on all the domestic and foreign states, there is no case of National Treatment obligation breach. However, as in the present case, only China looks to have been disadvantaged, it is pressing for charges of discriminatory tactics. As per Article XVI of the GATS, member states are prohibited from imposing quantitative restrictions in areas where they have undertaken such commitments. In this case, the present ban can be seen as a quota restriction.But would that make Indias move look like a contradiction to the obligations? The answer is - No because just like every other obligation, there exist certain exceptions. The GATS obligations of member states may sometimes conflict with national defence and security interests and hence Article XXI provides a list of security exceptions to the obligations that are imposed under GATS. When we interpret this provision, we can clearly say that Indias move has been in no way violative, as it is clearly protected as an exception.[Extracted with edits and revisions from, Indian Ban on Chinese Apps: Does the Move Contradict WTO Rules?, Jurist.org]Q.Country A and Country B have historically maintained friendly relations. However, due to a misunderstanding, Country A initiated an attack on Country B. In response, Country B imposed various trade restrictions on Country A. Can this action by Country B be contested in the World Trade Organization (WTO) as a discriminatory practice?a)Yes, trade and war are distinct matters, and they should not be linked; therefore, they should remain separate.b)Yes, this action by Country B goes beyond what is envisaged in WTO rules during times of war.c)No, exceptions related to national defense and security interests are valid under GATS.d)None of the above.Correct answer is option 'C'. Can you explain this answer? for CLAT 2024 is part of CLAT preparation. The Question and answers have been prepared according to the CLAT exam syllabus. Information about Directions: Read the following passage and answer the question.India banned 250+ Chinese apps under Section 69A of the Information Technology Act, and justifying its move, the government cited the reasons of apps engaging in activities which were prejudicial to sovereignty and integrity of India, defence of India, the security of the state and public order. The Chinese Foreign Ministry has through its press release alleged India of violating the WTO rules.World Trade Organisation (WTO) is the chief body that looks into discriminatory trade practices. It was formed by Marrakesh Agreement which succeeded the erstwhile General Agreement on Trade and Tariffs, 1947 (GATS). As far as the obligations are concerned, every member state is mandated to maintain anti-discriminatory policies and keep their markets open access based markets. Services under GATS are defined as any service in any sector except services supplied in the exercise of governmental authority and thus incorporate within its definition all kinds of services as long as they are commercial in nature. However, the question that is often raised is - Are Internet-based services covered by GATS?When we talk of e-commerce, then such activities are indeed under the GATS agreement as they require physical delivery, but when it comes to purely Internet-based services like Facebook and search engines, they were generally seen as exceptions until the US-Gambling dispute which applied the provisions of the GATS to online gambling and thus cleared the classification of online services under GATS.As long as such restrictions have the same impact on all the domestic and foreign states, there is no case of National Treatment obligation breach. However, as in the present case, only China looks to have been disadvantaged, it is pressing for charges of discriminatory tactics. As per Article XVI of the GATS, member states are prohibited from imposing quantitative restrictions in areas where they have undertaken such commitments. In this case, the present ban can be seen as a quota restriction.But would that make Indias move look like a contradiction to the obligations? The answer is - No because just like every other obligation, there exist certain exceptions. The GATS obligations of member states may sometimes conflict with national defence and security interests and hence Article XXI provides a list of security exceptions to the obligations that are imposed under GATS. When we interpret this provision, we can clearly say that Indias move has been in no way violative, as it is clearly protected as an exception.[Extracted with edits and revisions from, Indian Ban on Chinese Apps: Does the Move Contradict WTO Rules?, Jurist.org]Q.Country A and Country B have historically maintained friendly relations. However, due to a misunderstanding, Country A initiated an attack on Country B. In response, Country B imposed various trade restrictions on Country A. Can this action by Country B be contested in the World Trade Organization (WTO) as a discriminatory practice?a)Yes, trade and war are distinct matters, and they should not be linked; therefore, they should remain separate.b)Yes, this action by Country B goes beyond what is envisaged in WTO rules during times of war.c)No, exceptions related to national defense and security interests are valid under GATS.d)None of the above.Correct answer is option 'C'. Can you explain this answer? covers all topics & solutions for CLAT 2024 Exam. Find important definitions, questions, meanings, examples, exercises and tests below for Directions: Read the following passage and answer the question.India banned 250+ Chinese apps under Section 69A of the Information Technology Act, and justifying its move, the government cited the reasons of apps engaging in activities which were prejudicial to sovereignty and integrity of India, defence of India, the security of the state and public order. The Chinese Foreign Ministry has through its press release alleged India of violating the WTO rules.World Trade Organisation (WTO) is the chief body that looks into discriminatory trade practices. It was formed by Marrakesh Agreement which succeeded the erstwhile General Agreement on Trade and Tariffs, 1947 (GATS). As far as the obligations are concerned, every member state is mandated to maintain anti-discriminatory policies and keep their markets open access based markets. Services under GATS are defined as any service in any sector except services supplied in the exercise of governmental authority and thus incorporate within its definition all kinds of services as long as they are commercial in nature. However, the question that is often raised is - Are Internet-based services covered by GATS?When we talk of e-commerce, then such activities are indeed under the GATS agreement as they require physical delivery, but when it comes to purely Internet-based services like Facebook and search engines, they were generally seen as exceptions until the US-Gambling dispute which applied the provisions of the GATS to online gambling and thus cleared the classification of online services under GATS.As long as such restrictions have the same impact on all the domestic and foreign states, there is no case of National Treatment obligation breach. However, as in the present case, only China looks to have been disadvantaged, it is pressing for charges of discriminatory tactics. As per Article XVI of the GATS, member states are prohibited from imposing quantitative restrictions in areas where they have undertaken such commitments. In this case, the present ban can be seen as a quota restriction.But would that make Indias move look like a contradiction to the obligations? The answer is - No because just like every other obligation, there exist certain exceptions. The GATS obligations of member states may sometimes conflict with national defence and security interests and hence Article XXI provides a list of security exceptions to the obligations that are imposed under GATS. When we interpret this provision, we can clearly say that Indias move has been in no way violative, as it is clearly protected as an exception.[Extracted with edits and revisions from, Indian Ban on Chinese Apps: Does the Move Contradict WTO Rules?, Jurist.org]Q.Country A and Country B have historically maintained friendly relations. However, due to a misunderstanding, Country A initiated an attack on Country B. In response, Country B imposed various trade restrictions on Country A. Can this action by Country B be contested in the World Trade Organization (WTO) as a discriminatory practice?a)Yes, trade and war are distinct matters, and they should not be linked; therefore, they should remain separate.b)Yes, this action by Country B goes beyond what is envisaged in WTO rules during times of war.c)No, exceptions related to national defense and security interests are valid under GATS.d)None of the above.Correct answer is option 'C'. Can you explain this answer?.
Solutions for Directions: Read the following passage and answer the question.India banned 250+ Chinese apps under Section 69A of the Information Technology Act, and justifying its move, the government cited the reasons of apps engaging in activities which were prejudicial to sovereignty and integrity of India, defence of India, the security of the state and public order. The Chinese Foreign Ministry has through its press release alleged India of violating the WTO rules.World Trade Organisation (WTO) is the chief body that looks into discriminatory trade practices. It was formed by Marrakesh Agreement which succeeded the erstwhile General Agreement on Trade and Tariffs, 1947 (GATS). As far as the obligations are concerned, every member state is mandated to maintain anti-discriminatory policies and keep their markets open access based markets. Services under GATS are defined as any service in any sector except services supplied in the exercise of governmental authority and thus incorporate within its definition all kinds of services as long as they are commercial in nature. However, the question that is often raised is - Are Internet-based services covered by GATS?When we talk of e-commerce, then such activities are indeed under the GATS agreement as they require physical delivery, but when it comes to purely Internet-based services like Facebook and search engines, they were generally seen as exceptions until the US-Gambling dispute which applied the provisions of the GATS to online gambling and thus cleared the classification of online services under GATS.As long as such restrictions have the same impact on all the domestic and foreign states, there is no case of National Treatment obligation breach. However, as in the present case, only China looks to have been disadvantaged, it is pressing for charges of discriminatory tactics. As per Article XVI of the GATS, member states are prohibited from imposing quantitative restrictions in areas where they have undertaken such commitments. In this case, the present ban can be seen as a quota restriction.But would that make Indias move look like a contradiction to the obligations? The answer is - No because just like every other obligation, there exist certain exceptions. The GATS obligations of member states may sometimes conflict with national defence and security interests and hence Article XXI provides a list of security exceptions to the obligations that are imposed under GATS. When we interpret this provision, we can clearly say that Indias move has been in no way violative, as it is clearly protected as an exception.[Extracted with edits and revisions from, Indian Ban on Chinese Apps: Does the Move Contradict WTO Rules?, Jurist.org]Q.Country A and Country B have historically maintained friendly relations. However, due to a misunderstanding, Country A initiated an attack on Country B. In response, Country B imposed various trade restrictions on Country A. Can this action by Country B be contested in the World Trade Organization (WTO) as a discriminatory practice?a)Yes, trade and war are distinct matters, and they should not be linked; therefore, they should remain separate.b)Yes, this action by Country B goes beyond what is envisaged in WTO rules during times of war.c)No, exceptions related to national defense and security interests are valid under GATS.d)None of the above.Correct answer is option 'C'. Can you explain this answer? in English & in Hindi are available as part of our courses for CLAT. Download more important topics, notes, lectures and mock test series for CLAT Exam by signing up for free.
Here you can find the meaning of Directions: Read the following passage and answer the question.India banned 250+ Chinese apps under Section 69A of the Information Technology Act, and justifying its move, the government cited the reasons of apps engaging in activities which were prejudicial to sovereignty and integrity of India, defence of India, the security of the state and public order. The Chinese Foreign Ministry has through its press release alleged India of violating the WTO rules.World Trade Organisation (WTO) is the chief body that looks into discriminatory trade practices. It was formed by Marrakesh Agreement which succeeded the erstwhile General Agreement on Trade and Tariffs, 1947 (GATS). As far as the obligations are concerned, every member state is mandated to maintain anti-discriminatory policies and keep their markets open access based markets. Services under GATS are defined as any service in any sector except services supplied in the exercise of governmental authority and thus incorporate within its definition all kinds of services as long as they are commercial in nature. However, the question that is often raised is - Are Internet-based services covered by GATS?When we talk of e-commerce, then such activities are indeed under the GATS agreement as they require physical delivery, but when it comes to purely Internet-based services like Facebook and search engines, they were generally seen as exceptions until the US-Gambling dispute which applied the provisions of the GATS to online gambling and thus cleared the classification of online services under GATS.As long as such restrictions have the same impact on all the domestic and foreign states, there is no case of National Treatment obligation breach. However, as in the present case, only China looks to have been disadvantaged, it is pressing for charges of discriminatory tactics. As per Article XVI of the GATS, member states are prohibited from imposing quantitative restrictions in areas where they have undertaken such commitments. In this case, the present ban can be seen as a quota restriction.But would that make Indias move look like a contradiction to the obligations? The answer is - No because just like every other obligation, there exist certain exceptions. The GATS obligations of member states may sometimes conflict with national defence and security interests and hence Article XXI provides a list of security exceptions to the obligations that are imposed under GATS. When we interpret this provision, we can clearly say that Indias move has been in no way violative, as it is clearly protected as an exception.[Extracted with edits and revisions from, Indian Ban on Chinese Apps: Does the Move Contradict WTO Rules?, Jurist.org]Q.Country A and Country B have historically maintained friendly relations. However, due to a misunderstanding, Country A initiated an attack on Country B. In response, Country B imposed various trade restrictions on Country A. Can this action by Country B be contested in the World Trade Organization (WTO) as a discriminatory practice?a)Yes, trade and war are distinct matters, and they should not be linked; therefore, they should remain separate.b)Yes, this action by Country B goes beyond what is envisaged in WTO rules during times of war.c)No, exceptions related to national defense and security interests are valid under GATS.d)None of the above.Correct answer is option 'C'. Can you explain this answer? defined & explained in the simplest way possible. Besides giving the explanation of Directions: Read the following passage and answer the question.India banned 250+ Chinese apps under Section 69A of the Information Technology Act, and justifying its move, the government cited the reasons of apps engaging in activities which were prejudicial to sovereignty and integrity of India, defence of India, the security of the state and public order. The Chinese Foreign Ministry has through its press release alleged India of violating the WTO rules.World Trade Organisation (WTO) is the chief body that looks into discriminatory trade practices. It was formed by Marrakesh Agreement which succeeded the erstwhile General Agreement on Trade and Tariffs, 1947 (GATS). As far as the obligations are concerned, every member state is mandated to maintain anti-discriminatory policies and keep their markets open access based markets. Services under GATS are defined as any service in any sector except services supplied in the exercise of governmental authority and thus incorporate within its definition all kinds of services as long as they are commercial in nature. However, the question that is often raised is - Are Internet-based services covered by GATS?When we talk of e-commerce, then such activities are indeed under the GATS agreement as they require physical delivery, but when it comes to purely Internet-based services like Facebook and search engines, they were generally seen as exceptions until the US-Gambling dispute which applied the provisions of the GATS to online gambling and thus cleared the classification of online services under GATS.As long as such restrictions have the same impact on all the domestic and foreign states, there is no case of National Treatment obligation breach. However, as in the present case, only China looks to have been disadvantaged, it is pressing for charges of discriminatory tactics. As per Article XVI of the GATS, member states are prohibited from imposing quantitative restrictions in areas where they have undertaken such commitments. In this case, the present ban can be seen as a quota restriction.But would that make Indias move look like a contradiction to the obligations? The answer is - No because just like every other obligation, there exist certain exceptions. The GATS obligations of member states may sometimes conflict with national defence and security interests and hence Article XXI provides a list of security exceptions to the obligations that are imposed under GATS. When we interpret this provision, we can clearly say that Indias move has been in no way violative, as it is clearly protected as an exception.[Extracted with edits and revisions from, Indian Ban on Chinese Apps: Does the Move Contradict WTO Rules?, Jurist.org]Q.Country A and Country B have historically maintained friendly relations. However, due to a misunderstanding, Country A initiated an attack on Country B. In response, Country B imposed various trade restrictions on Country A. Can this action by Country B be contested in the World Trade Organization (WTO) as a discriminatory practice?a)Yes, trade and war are distinct matters, and they should not be linked; therefore, they should remain separate.b)Yes, this action by Country B goes beyond what is envisaged in WTO rules during times of war.c)No, exceptions related to national defense and security interests are valid under GATS.d)None of the above.Correct answer is option 'C'. Can you explain this answer?, a detailed solution for Directions: Read the following passage and answer the question.India banned 250+ Chinese apps under Section 69A of the Information Technology Act, and justifying its move, the government cited the reasons of apps engaging in activities which were prejudicial to sovereignty and integrity of India, defence of India, the security of the state and public order. The Chinese Foreign Ministry has through its press release alleged India of violating the WTO rules.World Trade Organisation (WTO) is the chief body that looks into discriminatory trade practices. It was formed by Marrakesh Agreement which succeeded the erstwhile General Agreement on Trade and Tariffs, 1947 (GATS). As far as the obligations are concerned, every member state is mandated to maintain anti-discriminatory policies and keep their markets open access based markets. Services under GATS are defined as any service in any sector except services supplied in the exercise of governmental authority and thus incorporate within its definition all kinds of services as long as they are commercial in nature. However, the question that is often raised is - Are Internet-based services covered by GATS?When we talk of e-commerce, then such activities are indeed under the GATS agreement as they require physical delivery, but when it comes to purely Internet-based services like Facebook and search engines, they were generally seen as exceptions until the US-Gambling dispute which applied the provisions of the GATS to online gambling and thus cleared the classification of online services under GATS.As long as such restrictions have the same impact on all the domestic and foreign states, there is no case of National Treatment obligation breach. However, as in the present case, only China looks to have been disadvantaged, it is pressing for charges of discriminatory tactics. As per Article XVI of the GATS, member states are prohibited from imposing quantitative restrictions in areas where they have undertaken such commitments. In this case, the present ban can be seen as a quota restriction.But would that make Indias move look like a contradiction to the obligations? The answer is - No because just like every other obligation, there exist certain exceptions. The GATS obligations of member states may sometimes conflict with national defence and security interests and hence Article XXI provides a list of security exceptions to the obligations that are imposed under GATS. When we interpret this provision, we can clearly say that Indias move has been in no way violative, as it is clearly protected as an exception.[Extracted with edits and revisions from, Indian Ban on Chinese Apps: Does the Move Contradict WTO Rules?, Jurist.org]Q.Country A and Country B have historically maintained friendly relations. However, due to a misunderstanding, Country A initiated an attack on Country B. In response, Country B imposed various trade restrictions on Country A. Can this action by Country B be contested in the World Trade Organization (WTO) as a discriminatory practice?a)Yes, trade and war are distinct matters, and they should not be linked; therefore, they should remain separate.b)Yes, this action by Country B goes beyond what is envisaged in WTO rules during times of war.c)No, exceptions related to national defense and security interests are valid under GATS.d)None of the above.Correct answer is option 'C'. Can you explain this answer? has been provided alongside types of Directions: Read the following passage and answer the question.India banned 250+ Chinese apps under Section 69A of the Information Technology Act, and justifying its move, the government cited the reasons of apps engaging in activities which were prejudicial to sovereignty and integrity of India, defence of India, the security of the state and public order. The Chinese Foreign Ministry has through its press release alleged India of violating the WTO rules.World Trade Organisation (WTO) is the chief body that looks into discriminatory trade practices. It was formed by Marrakesh Agreement which succeeded the erstwhile General Agreement on Trade and Tariffs, 1947 (GATS). As far as the obligations are concerned, every member state is mandated to maintain anti-discriminatory policies and keep their markets open access based markets. Services under GATS are defined as any service in any sector except services supplied in the exercise of governmental authority and thus incorporate within its definition all kinds of services as long as they are commercial in nature. However, the question that is often raised is - Are Internet-based services covered by GATS?When we talk of e-commerce, then such activities are indeed under the GATS agreement as they require physical delivery, but when it comes to purely Internet-based services like Facebook and search engines, they were generally seen as exceptions until the US-Gambling dispute which applied the provisions of the GATS to online gambling and thus cleared the classification of online services under GATS.As long as such restrictions have the same impact on all the domestic and foreign states, there is no case of National Treatment obligation breach. However, as in the present case, only China looks to have been disadvantaged, it is pressing for charges of discriminatory tactics. As per Article XVI of the GATS, member states are prohibited from imposing quantitative restrictions in areas where they have undertaken such commitments. In this case, the present ban can be seen as a quota restriction.But would that make Indias move look like a contradiction to the obligations? The answer is - No because just like every other obligation, there exist certain exceptions. The GATS obligations of member states may sometimes conflict with national defence and security interests and hence Article XXI provides a list of security exceptions to the obligations that are imposed under GATS. When we interpret this provision, we can clearly say that Indias move has been in no way violative, as it is clearly protected as an exception.[Extracted with edits and revisions from, Indian Ban on Chinese Apps: Does the Move Contradict WTO Rules?, Jurist.org]Q.Country A and Country B have historically maintained friendly relations. However, due to a misunderstanding, Country A initiated an attack on Country B. In response, Country B imposed various trade restrictions on Country A. Can this action by Country B be contested in the World Trade Organization (WTO) as a discriminatory practice?a)Yes, trade and war are distinct matters, and they should not be linked; therefore, they should remain separate.b)Yes, this action by Country B goes beyond what is envisaged in WTO rules during times of war.c)No, exceptions related to national defense and security interests are valid under GATS.d)None of the above.Correct answer is option 'C'. Can you explain this answer? theory, EduRev gives you an ample number of questions to practice Directions: Read the following passage and answer the question.India banned 250+ Chinese apps under Section 69A of the Information Technology Act, and justifying its move, the government cited the reasons of apps engaging in activities which were prejudicial to sovereignty and integrity of India, defence of India, the security of the state and public order. The Chinese Foreign Ministry has through its press release alleged India of violating the WTO rules.World Trade Organisation (WTO) is the chief body that looks into discriminatory trade practices. It was formed by Marrakesh Agreement which succeeded the erstwhile General Agreement on Trade and Tariffs, 1947 (GATS). As far as the obligations are concerned, every member state is mandated to maintain anti-discriminatory policies and keep their markets open access based markets. Services under GATS are defined as any service in any sector except services supplied in the exercise of governmental authority and thus incorporate within its definition all kinds of services as long as they are commercial in nature. However, the question that is often raised is - Are Internet-based services covered by GATS?When we talk of e-commerce, then such activities are indeed under the GATS agreement as they require physical delivery, but when it comes to purely Internet-based services like Facebook and search engines, they were generally seen as exceptions until the US-Gambling dispute which applied the provisions of the GATS to online gambling and thus cleared the classification of online services under GATS.As long as such restrictions have the same impact on all the domestic and foreign states, there is no case of National Treatment obligation breach. However, as in the present case, only China looks to have been disadvantaged, it is pressing for charges of discriminatory tactics. As per Article XVI of the GATS, member states are prohibited from imposing quantitative restrictions in areas where they have undertaken such commitments. In this case, the present ban can be seen as a quota restriction.But would that make Indias move look like a contradiction to the obligations? The answer is - No because just like every other obligation, there exist certain exceptions. The GATS obligations of member states may sometimes conflict with national defence and security interests and hence Article XXI provides a list of security exceptions to the obligations that are imposed under GATS. When we interpret this provision, we can clearly say that Indias move has been in no way violative, as it is clearly protected as an exception.[Extracted with edits and revisions from, Indian Ban on Chinese Apps: Does the Move Contradict WTO Rules?, Jurist.org]Q.Country A and Country B have historically maintained friendly relations. However, due to a misunderstanding, Country A initiated an attack on Country B. In response, Country B imposed various trade restrictions on Country A. Can this action by Country B be contested in the World Trade Organization (WTO) as a discriminatory practice?a)Yes, trade and war are distinct matters, and they should not be linked; therefore, they should remain separate.b)Yes, this action by Country B goes beyond what is envisaged in WTO rules during times of war.c)No, exceptions related to national defense and security interests are valid under GATS.d)None of the above.Correct answer is option 'C'. Can you explain this answer? tests, examples and also practice CLAT tests.
Explore Courses for CLAT exam

Top Courses for CLAT

Explore Courses
Signup for Free!
Signup to see your scores go up within 7 days! Learn & Practice with 1000+ FREE Notes, Videos & Tests.
10M+ students study on EduRev