The Morals and Order Exceptions in WTO Law: Balancing the Toothless Tiger and the Undermining Mole

On 10 April 2007, the United States requested consultationswith China regarding trading rights for publications and audiovisualproducts. Following US—Gambling, this case is likely toprovoke the next clash between free trade and public morals.This article takes an abstract approach to the scope and contentof the public morals and public order exceptions in the GATSand the GATT and, given the absence of a public order exceptionunder the GATT, analyzes how these two concepts interrelatewith one another. In this regard, the finding in US—Gamblingthat Members should individually define the scope of ArticleXIV(a) GATS is critically examined, but the article suggeststhat it deserves support based on an interpretation in accordancewith general principles of the law of treaties. Following theidentification of instruments that limit the risk for abuseof the morals and order exceptions, the article will turn tothe scope-related aspect regarding the justifiability of ‘extraterritorial’measures.