WTO Panel Rules Against U.S. Claim that Tariffs on Chinese Goods Are Justified as Necessary to Protect "Public Morals". Issue 1 (January 2021)

• Record Type: Journal Article
• Is Part Of: American journal of international law. Volume 115:Issue 1(2021)
• Page Start: 120
• Page End: 124
• Publication Date: 2021-01
• Subjects: International law -- Periodicals; International relations -- Periodicals; Periodicals; 341.05
• DOI: 10.1017/ajil.2020.97
• Languages: English
• ISSNs: 0002-9300

Abstract

Abstract : On September 15, 2020, a World Trade Organization (WTO) panel ruled that certain tariffs the United States imposed on Chinese products violated Articles I (most-favored-nation) and II (tariff bindings) of the General Agreement on Tariffs and Trade (GATT). The panel rejected the U.S. attempt to invoke a "public morals" defense pursuant to GATT Article XX, holding that although countries receive substantial deference in defining "public morals, " the United States failed to prove that the tariffs were necessary to achieve its stated public morals objective.