Global International Organization Dealing With Rules Of Trade Between Nations

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1.1 Introduction WTO is a global international organisation dealing with rules of trade between nations with the main objective of promoting trade between countries. Accordingly, it has been argued that WTO is not well placed to make substantive judgement on WTO Members’ moral choice as the purpose is to regulate inter-state trade instead of internal political structures of its member. This paper will examine the validity of this statement by looking into key treaty provision – GATT, relevant case laws and legal authorities. 1.2 Article XX GATT Article XX (a) GATT provides WTO member states to derogate from international trade commitments in adopting policy measures that are necessary to protect public morals. However, this test is…show more content…
Unfortunately, as evident in EC – Seal Product, the clear line has not been set, it is still unclear the extent to which WTO – covered agreements (GATT) preserve domestic regulatory autonomy on the grounds of moral beliefs. 1.3.2 Definition of Morality The panel in US – Gambling opined that the term ‘public morals’ refers to a standard of rings and wrong maintained by or on behalf of a community or nation. However, given the diversity of state within the WTO membership, there will be different interpretations of what could count as a moral reason for legislation. For instance, in US, as evident in Cavel International v Madigan consumption of horse meat was regarded as immoral whilst within other country such as the UK, it is not. In recognising that the definition of moral would vary from state to state, the panel in US – Gambling highlights that WTO’s member state should be given some discretion to define the concept of ‘public moral’ in their respective territories, according to their own systems and scales of values. In essence, member state should be allowed to set their own interpretation on ‘public moral’. 1.3.3 Objective = Inter-State Trade As WTO aimed generally on
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