Research On WTO Public Morals Exceptions Through The Lens Of Human Rights Protection

Both WTO and its member states undertake legal obligations to protect human rights deriving from the rules of customary international law. Public morals exceptions in GATT Article XX(a) can be used to promote the fundmental human rights if interpreted flexibly by the WTO Dispute Settlement Body(DSB).The meaning of public morals exceptions clause is opening and flexible,the benefit of human rights protection is completely dependent on the interpretation and clarification by DSB, so the case analysis method is of great significance. Interpretation methods such as ordinary meaning of the text, purposes and goals, the principle of good faith and other international customary law rules of interpretation prescribed in "the Vienna Convention on the Law of Treaties"(VCLT) are among the most important analyzing toolsto be used.There are four important innovative conclusions in the research:First, the scope of public morals exceptions clause covers human rights trade sanction measures.According to the WTO judicial practice and other international arbitration decision, the content of public morals is evolving along with the development of the time and varying with difference of the WTO members.In addition, according to the VCLT, by analyzing common meaning, purpose and context, GATT preparing work, according to the theoretical analysis of scholars, the meaning of public morals includes human rights values.Second, the international human rights law has played an important role in the interpretation of public morals exception.Only the WTO covered agreements can be applied by the DSB, general international laws including international human rights law, unless as rules of customary law, cannot be directly applied; However, interpretation law is different from applicable law, the former covers international human rights law. Textism interpretation method focuses on objective meaning, the meaning of vague concepts such as public morality can be endowed with human rights value.Third, as human rights violations usually occur in overseas, there is anextraterritorial jurisdiction problem for human rights trade sanctions, but it can still be justified through public moral exceptions by the connection of legitimate national interests due to the universal characteristics of human rights obligations.Fourth, human rights trade measures can pass the test of "necessity" and nondiscrimination rules in the chapeau of GATT Article XX if designed reasonably. But comprehensive sanctions may not pass the nondiscrimination test due to its punishment on innocent enterprises and products.