Organizaţia Mondială a Comerţului şi Morala Publică : o căsnicie nefericită?
The World Trade Organization and Public Morals: an unhappy marriage?

Summary/Abstract: The World Trade Organization was created as a clear-cut, coherent, free trade system but in later years it has gradually expanded to incorporate a complex set of rules and principles on labor, health, environmental aspects, human rights, etc. The WTO may, among other things, have a role in the area of human rights through the public morals exception, which some academics view as a mechanism to extraterritorially advance human rights. This paper attempts to link trade and the concept of public morals, starting with a historical overview of the public morals exception and the means of successfully invoking it. It then tackles some of the more problematic issues unanswered by textual or judicial interpretations of the exception, and critically assesses various theories formulated with regard to the exception. Finally, it advances an original proposal and formulates some conclusions.

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