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Public morality The exception clause of the WTO framework

Author: CaoZhen
Tutor: ShiXiaoLi
School: China University of Political Science
Course: International Law
Keywords: The WTO public morality exception The definition of public morality Applicable requirements It uses the strategy
CLC: D996.1
Type: Master's thesis
Year: 2011
Downloads: 103
Quote: 1
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Abstract


Multiple protocols within the framework of the WTO will be laid down as a general exception, the connotation and extension of the public morals exception clause, however, in a few decades in a fuzzy state public morals exception clause. \interpretation, this is the first time within the WTO system through dispute settlement on the sensitive issue of \In the recent China - measures of impact publications and entertainment audio-visual products trading rights and distribution services case \whether the GATT exception clause can be extended to the Accession Protocol and other issues. WTO aims to promote international trade through the elimination of all barriers to trade, but if a fair threat on a country's public morality, if the transaction take relevant measures to the country's interests will be necessary to limit the damage and prejudice their pursuit of public goals. Therefore, how to invoke the exception to the terms of scientific, reasonable restrictions, to seek the liberalization of global trade and the balance between the protection of the cultural diversity of the Member States is particularly important. Public morals exception clause and availing requirements of the Explanation going and the pursuit of free trade within the WTO system and the protection of public morals relations and other issues of great significance to deal with future disputes. The paper is divided into four parts: The first part describes the general sense of public morality and its role, it is precisely because it has a rational basis for the development of moral character provided for ethical behavior value judgments, to comply with ethical constraints and other important role in domestic law with the WTO agreements are included and protected; second part introduces the legal framework of the WTO to protect public morals exception, first clear the WTO to take the country 'the concept of public morality defined , and then specify the specific requirements within the framework of the WTO GATT, GATS agreement on public morality exception; third part is the main part of this article, mainly through the panels and the Appellate Body gambling case in the United States and China publications case analysis of reports to the Analysis of the applicable principles of public morality within the framework of the WTO Exemption order requirements and necessary to limit; fourth part of the content based on the analysis, summed up the Chinese to invoke the dispute settlement process The exception to the terms of specific strategies.

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