IDEAS home Printed from https://ideas.repec.org/p/eti/rpdpjp/17030.html
   My bibliography  Save this paper

[WTO Case Review Series No.23] Colombia—Measures Relating to the Importation of Textiles, Apparel and Footwear (DS461): The legality of trade restrictions intended to prevent money laundering (Japanese)

Author

Listed:
  • ITO Kazuyori

Abstract

In this dispute, while Colombia's compound tariff system was judged as violating Article 2 of the General Agreement on Tariffs and Trade (GATT), Colombia argued that the violation could be justified under Article 20(a) of GATT, which exceptionally allows member states to adopt trade restrictive measures that are necessary to "protect public morals," because Colombia introduced the compound tariff system in order to prevent money laundering, drug trafficking, and organized crime. The Appellate Body admitted that each country has wide discretion as to what constitutes "public morals" in its society, but also emphasized that the trade restrictive measure in question must have a real effect on achieving the protection of public morals. This ruling will contribute to prevent member states from abusing this exceptional clause. Then, how should we design trade restrictions in order to prevent money laundering? Ensuring consistency with World Trade Organization (WTO) Agreements is of great importance because the battle against money laundering calls for a comprehensive regulative framework including trade restrictions. This paper tries to find a legal and effective way of trade regulations to fight against money laundering based on the interpretive framework of an exceptional clause formulated through several precedents.

Suggested Citation

  • ITO Kazuyori, 2017. "[WTO Case Review Series No.23] Colombia—Measures Relating to the Importation of Textiles, Apparel and Footwear (DS461): The legality of trade restrictions intended to prevent money laundering (Japanes," Policy Discussion Papers (Japanese) 17030, Research Institute of Economy, Trade and Industry (RIETI).
  • Handle: RePEc:eti:rpdpjp:17030
    as

    Download full text from publisher

    File URL: https://www.rieti.go.jp/jp/publications/pdp/17p030.pdf
    Download Restriction: no

    More about this item

    NEP fields

    This paper has been announced in the following NEP Reports:

    Statistics

    Access and download statistics

    Corrections

    All material on this site has been provided by the respective publishers and authors. You can help correct errors and omissions. When requesting a correction, please mention this item's handle: RePEc:eti:rpdpjp:17030. See general information about how to correct material in RePEc.

    For technical questions regarding this item, or to correct its authors, title, abstract, bibliographic or download information, contact: (MATSUKURA, Taeko). General contact details of provider: http://edirc.repec.org/data/rietijp.html .

    If you have authored this item and are not yet registered with RePEc, we encourage you to do it here. This allows to link your profile to this item. It also allows you to accept potential citations to this item that we are uncertain about.

    We have no references for this item. You can help adding them by using this form .

    If you know of missing items citing this one, you can help us creating those links by adding the relevant references in the same way as above, for each refering item. If you are a registered author of this item, you may also want to check the "citations" tab in your RePEc Author Service profile, as there may be some citations waiting for confirmation.

    Please note that corrections may take a couple of weeks to filter through the various RePEc services.

    IDEAS is a RePEc service hosted by the Research Division of the Federal Reserve Bank of St. Louis . RePEc uses bibliographic data supplied by the respective publishers.