Have a personal or library account? Click to login
The Balance between ‘Public Morals’ and Trade Liberalisation: Analysing the Importance of Article XX (A) of the GATT and its Application Cover

The Balance between ‘Public Morals’ and Trade Liberalisation: Analysing the Importance of Article XX (A) of the GATT and its Application

By: Qiaozi Guanglin  
Open Access
|Mar 2018

Abstract

With the development of international society, public morals attract increasing addition from states Neverdieless, the “public morals” exception clause in Article XX (a) of the General Agreement on Tariffs and Trade (hereinafter ‘GATT’) is hardly invoked by state parties as a distinct basis for trade restrictive measures. The EC-Seal Product dispute is die first case that WTO Dispute Settlement Body (hereinafter ‘DSB’> have to consider dus issue. This article will analyse what kmd of public morals can be justified when implementing trade restrictive measures. It proposes that human rights standard is a significant moral concern and an integration may be made between human rights law- and trade law. The article also addressed the question about what procedures should be followed to apply Article XX (a’ to avoid it to be abused. It comes to die conclusion that Article XX (A) has an intrinsic importance to stnke a balance between trade liberalisation and state sovereignty, for which it must be reserved in the GATT.

DOI: https://doi.org/10.37974/ALF.319 | Journal eISSN: 1876-8156
Language: English
Published on: Mar 1, 2018
Published by: Ubiquity Press
In partnership with: Paradigm Publishing Services

© 2018 Qiaozi Guanglin, published by Ubiquity Press
This work is licensed under the Creative Commons Attribution 4.0 License.