THE IMPLEMENTATION OF PUBLIC MORALS UNDER THE LAW OF THE WORLD TRADE ORGANIZATION (S002280)

THE IMPLEMENTATION OF PUBLIC MORALS UNDER THE LAW OF THE WORLD TRADE ORGANIZATION (S002280)
Fakultas Hukum Universitas Syiah Kuala
2020
18-02-2020
Inggris
Banda Aceh
Perdagangan Internasional, World Trade Organization, International trade
World Trade Organization, International trade, Organisasi perdagangan internasional, Perdagangan internasional
Skripsi
S1 Ilmu Hukum
International Class (S1)
Ya
-

The World Trade Organization (WTO) member have the right to adopt measures and achieve certain non-trade objective. These Objective, listed as exception, have been a matter in several WTO disputes, One such exception that has found increased use in recenr times is the adoption of measures to protect pubic morals. Public morals were regulated under the general agreement on tariffs and trade (GATT) 1947 tu justify any trade restriction in order to protect members 'interest.

Public morals under the WTO are important to research because there is still a lack of definition, research and understanding among the members about this topic. There is a significant possibility that contracting parties could use the public morals exception to justify protectionist measures.

This research was assessed using the normative legal research that will provide a systematic exposition of the rules governing a particular legal category, analyze the relationship between rules, axplain areas of difficulty and, perhaps, predict future development of article XX(a) of GATT 1947 under WTO with the support of four cases that has beeb settled there are US - Gambling, China Publications and Audiovisual, EC - Seal Products dan Columbia - Textiles.

After conducting the research, it can be conluded that the compability between public morals issue and free trade can be enacted with several requirements both for the WTO and Stet
It is suggested the WTO and State Members to work together in order to reduce or even eradicated the problems related to public morals in oeder to minimize trade barriers and achieve the purpose of the WTO, and members shoukd not violate their obligations to achieve the purpose of the WTO and have to ensure that trade flows as it should be.

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