碩士 / 東吳大學 / 法律學系 / 103 / A seal scarf or overcoat, usually a symbol of status, could also be a source of disagreement for people supporting the protection of animal rights and animal welfare, who will argue that such products have been manufactured through immoral killing, and that the sale or import of such products should be banned completely. Despite a general commitment to the liberalization of international trade, contracting states of WTO were granted a legal authority to impose necessary trade restrictions to protect public morals: Art. XX(a) of GATT (the public morals exception clause, the PM Clause). In consideration of the PM Clause’s text, history and purposes, such ambiguous wording has its advantages, but it remains to be clarified by the jurisprudence of WTO in due course in order to avoid its disavantages. The EU Seals Products case should be very helpful in helping us gain insights into this problem.
The WTO gave no answer as to the exact scope of this clause until the US-Gambling decision of 2003, when the finding allows each Member State to define individually the scope of Art. XIV(a) of GATS. In view of the increasing likelihood that cases involving the trade-morals conflict involving the choice between the promotion of a thriving business of trade in seal products (promotion of international economic welfare), and the prohibition of sale of seal products (promotion of moral welfare by protecting sentient animals) will arise in years ahead, this issue deserves a serious study and a thesis.
After introduction, the thesis attempts to identify the legal and moral issues involved, the choice of values in the interpretation of treaties, the US Gambling case, the China AV Services case, and finally analyze potential options for doctrinal evolution. After all, concepts and ideas of morality have been subject to evolution throughout human history, so will this newly emerging theory about the protection of animal welfare.
| Identifer | oai:union.ndltd.org:TW/101SCU07194003 |
| Date | January 2015 |
| Creators | Chi Hua Lin, 林其樺 |
| Contributors | Dr. Tzu Wen Lee, 李子文 |
| Source Sets | National Digital Library of Theses and Dissertations in Taiwan |
| Language | zh-TW |
| Detected Language | English |
| Type | 學位論文 ; thesis |
| Format | 140 |
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