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The Non-Economic Grounds Of Justification In Art XX GATT And Art XIV GATS

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Chapter Summary

This chapter discusses the non-economic grounds of justification recognised by Art XX GATT and Art XIV GATS. The issue of "public morals" as a non-economic objective in the context of World Trade Organization (WTO) law can be broken down into different elements. First and foremost, it needs to be clarified which types of moral objectives are recognised by the non-economic exception clauses of GATT and GATS. A further issue is whose morals can lawfully be protected under rules of WTO law. The chapter provides an overview of intense debate during the Uruguay Round negotiations concerning the inclusion of a "cultural exception". It also discusses the UNESCO Convention on the Protection and Promotion of the Diversity of Cultural Expressions with regard to its possible influence on the interpretation of WTO's non-economic exception clauses.

Keywords: Art XIV GATS; Art XX GATT; cultural exception; non-economic grounds of justification; UNESCO Convention; World Trade Organization (WTO) law



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