Here is an ASIL Insight I did on the Seal Products dispute, previewing the legal issues. (Keep in mind that I only had 2,000 words, so it's a fairly brief preview!) An excerpt:
One might expect that core WTO principles, such as non-discrimination and necessity, would have clear legal standards. However, trade adjudicators have gone back and forth over the years on the issue of non-discrimination, while the “necessity” standard has evolved and has yet to be examined in the TBT Agreement context. There is a great deal of uncertainty as to how a WTO panel would address these issues in the context of the seal products ban in dispute. Thus, the outcome of a panel dispute would be far from sure.
In related news:
Canadian Inuit have filed a lawsuit in the European General Court to overturn EU legislation which would ban the import of seal products into EU countries. The lawsuit seeks annulment of Regulation (EC) No 1007/2009 of the European Parliament and Council of September 16, 2009 on trade in seal products.
