Morality and Culture in International Trade Law

Defining the Scope of Article XX lit a) GATT

Bachelor Thesis , 2010 , 47 Pages , Grade: 1,0

Law - Civil / Private, Trade, Anti Trust Law, Business Law

In 2009 the WTO Panel China-Audiovisual Products was the first to rule on an Article XX lit a) GATT defence used to legitimize trade restrictions on moral grounds. So far countries have been reluctant to employ the vaguely defined public morals clause, but trends suggest that an augmented use is to be expected. The WTO has provided little indication as to which and whose morals are covered by the exception which has led to the widespread fear that the public morals clause might be abused to enforce unilateral policies against the principles of free trade.

This paper takes an abstract approach to the scope and content of the public morals exception of the GATT. Critically examining the drafting history, legal practice and current scholarly research the note concludes that a large variety of different values are covered by the concept of public morality. However the note suggests that an abuse of the exception is not to be expected as the high boundaries set by the WTO to the application of the exception render the legalization of most policy objectives highly unlikely.

Inhaltsverzeichnis (Table of Contents)

• Introduction
• Research Problem
• Relevance of the Topic
• Scope of the Study
• China-Audiovisual Products (WT/DS363)
• The Dispute
• China's Legalization under Article XX lit a) GATT
• Content and Scope of Article XX lit a) GATT
• Vienna Convention on the Interpretation of Treaties
• Ordinary Meaning
• Object and Purpose
• Context
• Preparatory Work
• Prior Treaties
• Perceived Need
• Moral Trade Restrictions in Enforcement
• Scholarly Research
• The Question of Extraterritoriality
• Summary
• Boundaries to the Application of the Public Morals Clause
• Burden of Proof
• Means of Evidence
• Originalism
• Universalism
• Moral Majority
• Unilateralism
• Necessity Test
• Chapeau Clause of Article XX GATT
• Conclusion
• Summary
• Outlook

Zielsetzung und Themenschwerpunkte (Objectives and Key Themes)

This paper examines the scope and content of the public morals exception of the GATT, focusing on the legal implications of the WTO Panel China-Audiovisual Products case. The paper aims to analyze the historical context and legal practice surrounding the exception, and to assess its potential for abuse.

• The scope and content of the public morals exception in the GATT
• The application of the exception in the WTO Panel China-Audiovisual Products case
• The potential for abuse of the public morals exception
• The role of international law in regulating trade and morality
• The balance between national sovereignty and international trade principles

Zusammenfassung der Kapitel (Chapter Summaries)

The paper begins with an introduction that outlines the research problem, the relevance of the topic, and the scope of the study. The second chapter examines the WTO Panel China-Audiovisual Products case, highlighting the dispute and China's use of Article XX lit a) GATT to defend its trade restrictions. The third chapter delves into the content and scope of Article XX lit a) GATT, analyzing the Vienna Convention on the Interpretation of Treaties and exploring the concept of public morality through various perspectives.

Chapter four examines the boundaries of the public morals exception, exploring the burden of proof, means of evidence, the necessity test, and the chapeau clause of Article XX GATT.

Schlüsselwörter (Keywords)

Public morals exception, GATT, WTO, trade restrictions, cultural goods, international law, free trade, sovereignty, China-Audiovisual Products, dispute settlement, Vienna Convention, extraterritoriality, necessity test, chapeau clause, moral trade restrictions, originalism, universalism, moral majority, unilateralism.

• College: Hamburg University of Applied Sciences
• Grade: 1,0
• Author: Thea Freese (Author)
• Publication Year: 2010
• Pages: 47
• Catalog Number: V159686
• ISBN (eBook): 9783640728626
• ISBN (Book): 9783640729012
• Language: English
• Tags: GATT, Article XX, moral exception, morality, article xx lit a, china-audiovisual products, public morals clause, wt/ds363