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Research on Public Morals Exception Clauses of WTO

Author: WangLiDong
Tutor: WenShuYing
School: Shanxi University
Course: International Law
Keywords: WTO Public morals exception Required standards Non-discriminatory standards
CLC: D996.1
Type: Master's thesis
Year: 2011
Downloads: 29
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Abstract

WTO to reduce trade barriers and promote economic freedom Development for the primary purpose, but all countries is widely recognized that one-sided pursuit of economic interests is difficult to achieve all-round progress of the international community and coordinated development, which includes public morality, public health, environmental protection, national The social value of the security, including paid great attention to and make the relevant provisions. WTO dispute cases has increased due to trade barriers caused the ground to invoke the terms of the environment and the health exception, citing little public morals exception. With the growing number of exchanges of all countries, international trade in goods, trade in services in areas such as trade friction, public morality, as an exceptional measure in recent years, some countries quoted, there are trends indicate that public morals exception in international trade relations will play an increasingly important role. On the other hand, due to the exceptional provisions too principle, coupled with the breadth of public morality, country, and abstraction, leading to the members based on their respective social basis in reality many differences in interpretation applies. Practice in many countries for the protection of their trade purposes, the name of public morals exception under the banner, take a variety of forms of measures to prevent the import of foreign goods. If not to prevent abuse by members of the public morals exception, public morality exception may gradually become a new means of trade protectionism, the empty moral appeal to threaten the stability of the entire trading system. Therefore, in-depth study of the terms of the public morals exception, not only help to deepen our understanding of the relevant WTO rules, but also for China's scientific and reasonable use of the escape clause to provide effective recommendations. This paper uses case analysis, historical analysis, comparative analysis method and other methods carried out in-depth research on the theory and practice of public morals exception. In addition to the introduction and conclusion, the paper is divided into four parts. The first part discusses the basic theory of the WTO public morals exception, including the History of the public morals exception, the source of law and real. Public morality GATT1947 before had been included in an international treaty applies as an exception to protect the unique value of public morality. WTO in the field of trade in goods, trade in services, trade-related intellectual property provisions of the public morals exception. The essence of the public morals exception is to defuse the conflict caused by the trade and ethical essential attribute, be realistic coordination on the relationship between the two. The second part of the public morality under the WTO system theoretically defined. Authors first combined public morals exception to the terms of the latest dispute resolution practice, a detailed analysis of the Panel and Appellate Body analysis ideas about public morality, that public morality the country stance is the premise of the argument, to explain the meaning of public morality, to determine controversial measures and public morality, to determine the purpose of the controversial measures. Exemption is most similar to the status of public morality and concepts of public order, compare, pointed out that although the similarities and differences between both connotation, but its practical effect is almost no difference between the practical application often complementary. The third part discusses quoted public morals exception to the terms of two conditions, that the required standards and non-discriminatory criteria. The two basic requirements applicable to the required standards. First is consistency, consistency between namely the trade measures should be to achieve conservation goals. Second is the proportionality requirements should take the means of implementation and to achieve specific objectives in line with the principle of proportionality. Non-discriminatory standards require that the measures do not constitute arbitrary discrimination between countries under the same conditions, not constitute unwarranted discrimination between countries under the same conditions, international trade does not constitute a disguised restriction. Of GATT and WTO case based on theoretical analysis and empirical study of these two conditions. Part IV of our proposed specific measures to deal with how to understand and apply the terms of the public morals exception. Including: strengthening international treaties and relevant case studies; actively involved in issues related to the international negotiations; improve the regulation of the relevant domestic laws and regulations; establish public morality of social protection mechanisms; establish a flexible mechanism for the prosecution of the respondent.

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