Navigating Public Morality In International Trade: The Scope And Challenges Of Article XX(A) Of GATT
- IJLLR Journal
- Apr 9
- 1 min read
Diya Nagpal, B.A.LL.B. (Hons.), Christ (Deemed to be University), Delhi NCR.
Chandresh Tiwari, B.A.LL.B. (Hons.), Christ (Deemed to be University), Delhi NCR.
ABSTRACT
This paper explores the intricate function of the public morality exception in Article XX(a) of the General Agreement on Tariffs and Trade (GATT), permitting WTO member countries to impose trade limitations necessary for safeguarding public morals. Due to the subjective character of morality, this exception has resulted in diverse interpretations and implementations within the WTO framework, as demonstrated by significant cases like US – Gambling and China – Audiovisuals. This research thoroughly examines the influence of cultural, political, and social elements on the implementation of public morality among various member states, emphasising the difficulties of ensuring consistency and equity in global trade. Furthermore, it explores the convergence of public ethics with worldwide issues, including environmental safeguarding, human rights, and digital commerce. The article advocates for a well-organized interpretative framework to improve the predictability and clarity of utilising the public morality exception, proposing possible reforms to align trade liberalisation with adherence to national moral principles in the changing global economy.
Keywords: General Agreement on Tariffs and Trade, Public Morality, Article XX(a), International Trade, World Trade Organisation, Liberalisation.
