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Permitting Moral Imperialism: The Public Morals Exception to Free Trade at the Bar of the World Trade Organization

Du, M (2016) Permitting Moral Imperialism: The Public Morals Exception to Free Trade at the Bar of the World Trade Organization Journal of World Trade, 50 (4). pp. 675-704.

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Abstract

The objective of this paper is to critically review the case law on public morals exception in the multilateral trading system and argue against the WTO Appellate Body’s exceedingly deferential approach to the meaning and identification of public morals in international trade disputes. Admittedly, the WTO Appellate Body’s judicial minimalism approach to trade dispute settlement has so far prevented it from making any broad claims about public morals exception. Nevertheless, I argue that the Appellate Body has already waded into treacherous waters. Going forward, the WTO Appellate Body must be cautious so as not to permit moral imperialism and put the delicately balanced multilateral trading system at grave risk. For this purpose, I propose a more nuanced approach to define public morals as well as manage its extraterritorial application in international trade law.

Item Type: Article
Subjects : subj_Law
Divisions : Faculty of Arts and Social Sciences > School of Law
Authors :
AuthorsEmailORCID
Du, MUNSPECIFIEDUNSPECIFIED
Date : September 2016
Copyright Disclaimer : Copyright © 2016 Kluwer Law International
Related URLs :
Depositing User : Symplectic Elements
Date Deposited : 24 May 2016 14:06
Last Modified : 08 Sep 2016 14:51
URI: http://epubs.surrey.ac.uk/id/eprint/810806

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