We've had some good discussions of the Seal Products AB report here on this blog over the past week or so. There are definitely some differences of opinion as to what the AB meant in relation to the GATT non-discrimination obligations. When will we get some clarification?
It may not be too long. In several ongoing cases -- COOL, Tuna, and Plain Packaging all come to mind -- the parties will be arguing about claims related to these provisions, and will have to explain their idea of what the AB meant. So the first place to look will be the submissions in those cases, some of which will be posted online. It will be interesting to see how governments view this issue.
Then the panels in those cases will have to make some interpretations of their own. Trying to interpret the AB, while knowing your views are subject to the AB's review, is a tough task.
And then finally back to the AB for, hopefully, a more definitive explanation.
