The Content and Territorial Extent of Moral Exception in the World Trade Organization

Subject Areas : Journal of Law and Politics

وحید Bozorgi ¹ (ندارد)
A.H Fathizadeh ² (ندارد)

Received: 2015-04-20 Accepted : 2015-04-20 Published : 2009-06-22

Keywords: trade, General Agreement on Tariffs a, World trade organization, Moral Exception,

Abstract :

The aim of this article is to determine the content and territorial extent of moral exception in the World Trade Organization. To this end, the author has explored pre-GATT commercial treaties and countries' legislation and practice, GATT adjudication, and WTO Members' policies or practice and reached two conclusions: first, countries may restrict trade in goods and services as well as intellectual property rights in order to protect public morals and the content of these public morals can vary in time and place; second, for the time being, a conclusive judgement as to territorial extent of moral exception can not be drawn from the existing precedent and evidence. Therefore, further clarification of the content and territorial extent of moral exception in the WTO is to await subsequent WTO adjudication and practice