Eccezioni di morale pubblica nell'OMC

The substantive provisions of the main WTO instruments are subject to a series of exceptions, including an exceptions for measures which are necessary for the protection of public morals. Public morals is in itself a versatile concept, which is capable of accommodating a large range of issues depending on the culture and values which are prevailing in a certain society. The jurisprudence of the WTO dispute settlement body has managed to establish a series of criteria for the applicability of the moral exception, and in particular has delineated an analysis which is capable of addressing some of the gravest concerns on the risk of abuse. The most recent decision on the topic was issued in May 2014 by the Appellate Body in the case European Communities ¿ Measures Prohibiting the Importation and Marketing of Seal Products. On the occasion, the DSB addressed some of the issues which still needed clarification, but left others unanswered. This work is aimed at analysing the public morals clauses in all their aspects, and in particular at underlining their most controversial applications.