Study On The Exception Ciause Of Pubiic Morals In WTO Rules

The exception clause of public morals has been in near-silence state, since1947, when itwas set. In a very long period of time, it hadn’t got really effective interpretation andapplication. After the World Trade Organization (WTO) was established, the worldeconomy has entered a new pattern. The range of goods and trade in services continuedto expand, resulting in the number of trade frictions have increased. Social values,which included public morals, have been suffered from the negative impacts of tradeliberalization more and more. People began to realize, only concerned on the economicbenefits would be not enough if we devote to achieving the coordination of theinternational community. Social values beyond the economic benefits also need to begiven high priority. The exception clause of public morals became the focus of attentionof the world for the first time after the emergence of “Antigua-US Gambling case” in2003. The application of this clause has encountered multiple obstacles since a seriesfactors, such as the clause was made too simple, the word of public morals was abstract,the content of this word was extensive and uncertainty with changes in time and space.These caused wide concern for the exception clause of public morals. This phenomenonwas inevitable, because the mission of this clause, which was balancing the relationshipbetween free trade and public morality, determined the importance of this provision. Inaddition, although free trade is advocated by WTO, it will also be plagued by tradeprotectionism. Neglecting of this clause and making it under the vague state will easilyturn it into tools for the trade protectionism to impede the development of free trade.Therefore, further analysis of the exception clause of public morals is necessary.The structure of this paper, except the preamble and conclusion, contains four parts. Interms of content, this paper was divided into two aspects, respectively the theoreticalpart and practical part, for a detailed analysis. In theory, historical analysis was used togiving an introduction to the set and development of this clause in the first chapter,which laid a foundation for further analyze. Content of the second chapter was theinterpretation of this clause. By summarizing the terms of legal basis and means forinterpretation, and the methods that DSB has used in “Antigua-US gambling case”, and“China Measures Affecting Trading Rights and Distribution Services for CertainPublications and Audiovisual Entertainment Products”, explained that member countrieshave some certain rights to defined the extent of public morals. In addition, comparative analysis method also is used to distinguish the concept of public morals and public order.It pointed out that these two concepts are different but with same intersection exist, andcomplement each other in actual application. In the aspect of practice, two cases thathave been mentioned above were combined in the third chapter to illustrate three rules,which should be adhered for this clause: firstly, contrary to other WTO rules is aprerequisite; secondly, the "necessity" standard; lastly, the "non-discriminatory"standard. Chapter four has put forward several countermeasures for China to properlyinvoke this clause, such as, improving our domestic legal norms of public morals;strengthening the research on the exception clause of public morals and relevantjurisprudences; enhancing the consciousness of proof in the settlement process ofinternational disputes.