2. Assessing reasons based on the content of Article XX
As explained in the introductory paragraph, the chosen measure must be covered by at least one of the listed exceptions and satisfied the chapeau requirements (two-tiered test).
2.1 Exceptions
• Article XX(a)
Paragraph (a) of Article XX aims to (1) protect public morals and the chosen measure must be (2) necessary to accomplish this objective.
The concept of ‘public morals’ refers to ‘standards of right and wrong conduct maintained by or on behalf of a community or nation’ and ‘can vary in time and space’ , depending on ‘social, cultural, ethical and religious values’ .
In the European Community (EC)-Seal Products , the Appellate Body found that the prohibition on the importation of seal products in order to protect animal welfare falls under the meaning of Article XX(a) due to the fact that the animal protection is considered as ‘a moral concern of high importance’ and specifically stipulated in EU treaties . Similarly, a measure of …show more content…
The Appellate Body found that if there are no alternative reason available, China plan requirement can be within the scope of Article XX(a) . Contrary to child labour, abortion in term of international human rights law is in highly controversial depending on every societies, religious and in conflicts of the different types of human rights. Nevertheless, due to the fact that the WTO recognizes the variety of ‘public morals’ norm and the national sovereignty in pursuing policies as cited above as well as abortion is considered ‘deeply offensive to the values of the citizens of X’, the Prime Minister could take advantage of this ground for his
As explained in the introductory paragraph, the chosen measure must be covered by at least one of the listed exceptions and satisfied the chapeau requirements (two-tiered test).
2.1 Exceptions
• Article XX(a)
Paragraph (a) of Article XX aims to (1) protect public morals and the chosen measure must be (2) necessary to accomplish this objective.
The concept of ‘public morals’ refers to ‘standards of right and wrong conduct maintained by or on behalf of a community or nation’ and ‘can vary in time and space’ , depending on ‘social, cultural, ethical and religious values’ .
In the European Community (EC)-Seal Products , the Appellate Body found that the prohibition on the importation of seal products in order to protect animal welfare falls under the meaning of Article XX(a) due to the fact that the animal protection is considered as ‘a moral concern of high importance’ and specifically stipulated in EU treaties . Similarly, a measure of …show more content…
The Appellate Body found that if there are no alternative reason available, China plan requirement can be within the scope of Article XX(a) . Contrary to child labour, abortion in term of international human rights law is in highly controversial depending on every societies, religious and in conflicts of the different types of human rights. Nevertheless, due to the fact that the WTO recognizes the variety of ‘public morals’ norm and the national sovereignty in pursuing policies as cited above as well as abortion is considered ‘deeply offensive to the values of the citizens of X’, the Prime Minister could take advantage of this ground for his