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How to Define "Public Morals" in WTO Law? A Critique of Brazil - Taxation and Charges Panel Report
Journal article   Open access  Peer reviewed

How to Define "Public Morals" in WTO Law? A Critique of Brazil - Taxation and Charges Panel Report

Ming Du
Global Trade and Customs Journal, Vol.13(2), pp.69-74
02/2018

Abstract

The Brazil – Taxation and Charges panel report has rekindled a long-standing debate over the scope and meaning of the public morals exception in the GATT/WTO legal system. This article offers two criticisms of the panel report. First, the report has set an exceedingly low threshold for the identification of public morals. Second, the Panel’s hands-off approach is likely to trigger a slippery slope risk of what sorts of objectives could be properly called “public morals”.
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