Study On “Public Morality” In General Exceptions Of WTO

The general exception clause of public morality is a balancing tool created by WTO rulemakers in order to balance public morality and free trade.However,the scope and connotation of "public morality" has always been controversial,and the drafters of GATT have not given a clear definition.Although there are several agreements under the WTO framework involving general exceptions to public morality,the exception clause of public morality has been in a state of almost "dormancy".Until the American gambling case in 2005,the WTO broke the silence on the general exception clause of public morality,and the exception clause of public morality has aroused widespread concern.China inevitably participates in the settlement of trade disputes after China’s accession to the WTO.As the defendant,China has not succeeded in invoking the public morality exception clause in publications and audio-visual products cases.In order to gain a favorable position in international trade disputes,it is essential to draw lessons from precedents,sum up experience and constantly improve litigation strategies.In five related cases,the panel and the Appellate Body generally adopted a relaxed and generalized interpretation method: the panel used "dynamic interpretation" to explain that the "prohibition of online gambling services" in the United States belongs to public morality;because the EU "pointed out in the legislative process that animal welfare issues belong to public morality in Europe" and supported "Seal Fortune".The Appellate Body supports Colombia’s position of "taxing for anti-money laundering purposes" to protect public morality because of its "impossibility of supporting public morality",and the Expert Group supports Brazil’s claim that "bridging the social divide and promoting social integration" belongs to the category of public morality for similar reasons.Public moral exceptions have also been cited in China,but the results are not very satisfactory.At present,the vague and broader interpretation of "public morality" may lead to the exception clause becoming a cover of trade protection,resulting in the instability of international trade,and even the risk of runaway application of the clause in the future.Therefore,it is necessary to optimize the interpretation of public morality on the basis of the application of the original provisions,follow the optimization principles of applying the broad sense of "international" public morality,attaching importance to the rules of purpose interpretation,and pay attention to the classification review,clarifying the relationship between controversial measures and public morality,and standardizing the content of public morality in the optimization of specific paths.In the future trade disputes,in order to better invoke the exceptional clause of public morality,we should pay attention to strengthening the connection between domestic legislation and the form of public morality and standardizing the content of public morality.In the dispute settlement,we should attach importance to the evidentiary evidence and the invocation strategy of disputes with multiple prosecutors and interests with China,so as to safeguard our national interests.