Critical Analysis of Interpretive Trends on the Scope of ‘Public Morals’ in International Economic Law - Theoretical and Practical Implications -

This paper examines recent interpretive trends regarding the scope of ‘public morals’ and evaluates their theoretical and practical implications in international economic law. By analyzing the historical context and dispute settlement cases under the WTO and the USMCA, it explores how the concept of ‘public morals’ has been defined and interpreted in practice. It then critically assesses the current standard of review regarding public morals by carefully examining various theoretical approaches to the concept, as well as scholarly debates on the deferential approach employed by the WTO adjudicating bodies. Building upon these analyses, this paper provides suggestions for clarifying and refining the current standard of review. Lastly, it focuses on the substantive requirements of GATT Article XX, namely the analyses under subparagraph (a) and the Chapeau, and evaluates whether these can serve as adequate safeguards against potential abuse that might arise from the deferential standard of review regarding the scope of public morals.