Some readers have noticed my tweets during the AB hearing today on Seals. I wanted to mention that I'll be blogging my blow-by-blow and analysis of the day in a few hours right here-after some needed sleep The whole afternoon was focused on the issue of whether the EU measure is a technical regulation, which the EU and the US (Third Participant) say it isn't. The AB Division itself clearly has some doubts and wants some very precise and principled answers. But did they get those answers from the Participants or Third Participants? What will happen if the AB reverses the panel's finding concerning the existence of a technical regulation? Also very much in the minds of the Division Members are issues about enforcement and how the exceptions are administered, especially but not exclusively the MRM (marine management) exception.
This and more around dawn, Geneva time.... (also a plug for the Howse/Langille/Sykes amicus curiae posted on the main site associated with this blog-we don't address TBT coverage but its argued in the Howse/Langiille Yale article, an exhibit to our amicus)
