Annex 2004: Nullification and Impairment
1. If any Party considers that any benefit it could reasonably
have expected to accrue to it under any provision of:
(a) Part Two (Trade in Goods), except for those provisions of
Annex 300-A (Automotive Sector) or Chapter Six (Energy) relating
to investment,
(b) Part Three (Technical Barriers to Trade),
(c) Chapter Twelve (Cross-Border Trade in Services), or
(d) Part Six (Intellectual Property),
is being nullified or impaired as a result of the application
of any measure that is not inconsistent with this Agreement, the
Party may have recourse to dispute settlement under this Chapter.
2. A Party may not invoke:
(a) paragraph 1(a) or (b), to the extent that the benefit arises
from any crossborder trade in services provision of Part Two,
or
(b) paragraph 1(c) or (d),
with respect to any measure subject to an exception under Article
2101 (General Exceptions).
Continue on to Chapter Twenty-One, Article 2101: General Exceptions