Document Type : Original Article
Authors
1
Department of Law, Najafabad Branch, Islamic Azad University, Najafabad, Iran
2
Department of Law, Najafabad Branch, Islamic Azad University, Najafabad, Iran, Assistant Professor of Law, Payame Noor University
3
Department of Law, Najafabad Branch, Islamic Azad University, Najafabad, Iran, Associate Professor, Department of Law, University of Isfahan
10.30510/psi.2022.302985.2247
Abstract
Abstract
Violation of WTO obligations will result in liability of the offending member, and Articles 20 GATT and Article 14 GATT provide for exceptions to the general rules as a right of members, but in exercising the right of exception, in addition to the element of necessity, the principle of non-discrimination must be observed. The exception should not be arbitrary or unfair discrimination between members and should not create hidden practices and restrictions in trade under the same conditions. The question is whether human rights standards can be applied in the light of the general exceptions in Article 20GAT or 14GATS? With this view expressed in the two articles, not all human rights issues are explicitly raised, and what is the view of the organization's jurisprudence in the Board of Appeals on this issue? The WTO jurisprudence has always taken it into account with its broad interpretation of the organization's rules and its willingness to implement human rights in its rulings. In this article, we will focus on the ability to cite the protection of human rights in the form of exceptions to the above.
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