Suttle, Oisin
(2017)
What Sorts of Things are Public Morals? A Liberal
Cosmopolitan Approach to Article XX GATT.
The Modern Law Review, 80 (4).
pp. 569-599.
Abstract
Existing theories of WTO law cannot adequately explain the form or content of the GATT
exceptions, in particular Article XX(a) Public Morals. Nor, in consequence, can they satisfactorily answer the interpretive questions they raise. This article explains Article XX in terms
of self-determination as a political and moral value, and the choices it mandates peoples make
for themselves. Drawing on debates in contemporary political philosophy, it distinguishes three
categories of argument for self-determination: intrinsic, expressive and instrumental, each having implications for the scope of the choices a self-determining community must make for
itself. This account of self-determination in trade regulation is used to reconstruct Article XX,
both explaining the individual provisions, and suggesting how these might be developed and
interpreted. It concludes by examining Article XX(a) in detail, highlighting the interpretive
questions public morals pose, and how understanding Article XX in terms of self-determination
suggests these should be answered.
Item Type: |
Article
|
Keywords: |
Public Morals; Liberal;
Cosmopolitan; Article XX GATT; |
Academic Unit: |
Faculty of Social Sciences > Law |
Item ID: |
12318 |
Identification Number: |
https://doi.org/10.1111/1468-2230.12275 |
Depositing User: |
Oisin Suttle
|
Date Deposited: |
30 Jan 2020 16:46 |
Journal or Publication Title: |
The Modern Law Review |
Publisher: |
John Wiley & Sons Ltd |
Refereed: |
Yes |
URI: |
|
Use Licence: |
This item is available under a Creative Commons Attribution Non Commercial Share Alike Licence (CC BY-NC-SA). Details of this licence are available
here |
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