International Economic Law and Policy Blog
  • Home
  • About
  • WorldTradeLaw.net
Sign in Subscribe

WTO Seals:the gestures of good faith the AB is demanding of the EU in return for public morals justification

The AB has held, without ambiguity or qualification, that the EU Parliament's seal products ban is justified as "necessary" for the protection of public morals under GATT Article XX (a), because of the contribution of the ban to the reduction in the number of seals killed
Rob Howse 24 May 2014 2 min read

The WTO Appellate Body Ruling in Seals: National Treatment Article III;4

Since the AB's  ruling in US-Cloves on TBT 2.1, where it introduced the notion that a measure does not violate National Treatment or MFN if  the detrimental effects on competition are due exclusively to a legitimate regulatory distinction, there has been much discussion on this blog
Rob Howse 23 May 2014 3 min read

The Appellate Body ruling in Seals: Article I:1 MFN

This is the first in a series of posts on different specific aspects of the AB ruling in Seal Products.  On the big picture result, Jo Langille, Katie Sykes and I should be commenting in short order in a number of fora. With respect to MFN GATT Article I:1
Rob Howse 23 May 2014 2 min read

An Emerging Sign of the Trade Constitution 2.0: The “Chapeau Test” in the Seal AB Report

The long-awaited Appellate Body (AB) report on the Seal dispute has just come out.  There have already been several postings on this report.  Let me focus on one particular issue: the “chapeau” test. In a nutshell, the AB integrated two strands of case law on the chapeau test (one
Sungjoon Cho 23 May 2014 2 min read

Contrasting Views on the Seal Products Decision

Global Trade Watch: The WTO today added fuzzy white baby seals clubbed to death on bloody ice flows to dolphins and sea turtles as animals that the WTO has declared cannot be protected by domestic laws because they  violate “trade” rules, which will just fuel public and policymaker skepticism about
Simon Lester 22 May 2014 1 min read

There's No "Consistency" Requirement for Animal Welfare and Public Morals

From the Seal Products AB report: 5.200. Finally, by suggesting that the European Union must recognize the same level of animal welfare risk in seal hunts as it does in its slaughterhouses and terrestrial wildlife hunts, Canada appears to argue that a responding Member must regulate similar public moral
Simon Lester 22 May 2014 1 min read

The Appellate Body Just Wants To Point Out that It Won't Be Addressing Extra-Territoriality

From the Seal Products AB report: 5.173. Finally, we note that, in US – Shrimp, the Appellate Body stated that it would not "pass upon the question of whether there is an implied jurisdictional limitation in Article XX(g), and if so, the nature or extent of that limitation&
Simon Lester 22 May 2014 1 min read

The Tests of Public Morals Under the TBT and the GATT

[This post is from my good colleague, Kyle Dickson-Smith.  He is interested in some of the issues that appear to be unresolved in the Panel Report]. Now that the AB decision is out, I anticipate that he will follow up to evaluate if the AB has resolved these issues.
Alan Alexandroff 22 May 2014 2 min read

The EU Seal Products Measure Is Not a Technical Regulation

The Appellate Body says the Panel erred in finding that the EU seal products measure is a technical regulation: 5.58. Having reviewed the relevant aspects of the EU Seal Regime, we see only one feature that may suggest that the measure lays down product characteristics, while all others suggest
Simon Lester 22 May 2014 2 min read

Banning Windows 8

I've got a number of criticisms of Windows 8 -- why did they shuffle everything around? how do I get to desktop? -- but this is clearly going too far: China is banning Windows 8 devices from at least some government IT purchases, in a mysterious move that took Microsoft
Simon Lester 20 May 2014 1 min read

Sign up for email notifications

jamie@example.com
Subscribe

Featured

What Does the Blue Wave Mean for U.S. Trade Policy?

Tariffs and trade policy were one element that played a role in last night's result. So what impact will Democratic control of Congress have on the administration's trade policy going forward?
04 Nov 2026 4 min read

A Proposal To Expand Judicial Review over Section 232 and 301 Tariffs

For many people in Washington these days, having U.S. trade actions judged by international tribunals on their consistency with trade agreements is controversial. But what if that judgment of consistency could be done by US courts instead?
01 Nov 2026 3 min read

What Kind of Discrimination Should Section 338 Target?

A couple weeks ago, the U.S. International Trade Commission asked for public comments on implementing Section 338.
25 Sep 2026 5 min read

Jake Sullivan Wants To Build On the Biden Administration's Industrial Policy

In a recent article, Jake Sullivan makes the case for continuing on with the Biden administration's economic policies, arguing for an even broader and more comprehensive industrial policy than what we saw under Biden.
13 Sep 2026 6 min read

How Difficult Will It Be Politically To Remove Trump's Tariffs?

Heather Hurlburt, who was the Chief of Staff for U.S. Trade Rep. Katherine Tai from 2022-2024, recently poured some cold water on the idea that Trump's tariffs might be removed quickly after he is out of office.
12 Aug 2026 3 min read

Topics

2008 Presidential Election

25 posts

2012 Republican Primary

6 posts

2020 Democratic Primary

22 posts

2020 Presidential Campaign

6 posts

2024 Presidential Campaign

9 posts

2024 Republican Primary

9 posts

AI

1 post

Announcements

31 posts

Appellate Body

72 posts

CAFTA

5 posts

CETA

8 posts

Currency Disputes

60 posts

Development

23 posts

Digital Trade

64 posts

Domestic Trade Powers

10 posts

Dormant Commerce Clause

3 posts

DSU 25 Interim Appeals

43 posts

DSU Article 11

13 posts

Economic Integration

8 posts

Economic Statecraft

12 posts

EU-China Trade Relations

4 posts

EU-UK Trade Negotiation

5 posts

Exceptions

19 posts

Exchange Rates

7 posts

Export Restrictions

13 posts

Food Aid

5 posts

Foreign Investment

21 posts

FTA Negotiations

14 posts

FTAs - General

22 posts

Gambling Dispute

52 posts

Global Governance

9 posts

Globalization

13 posts

Government Procurement

5 posts

Green Steel Deal

14 posts

IEEPA

9 posts

IEL in Domestic Courts

20 posts

Indo-Pacific Economic Framework

5 posts

Industrial Policy

21 posts

Investor-State Arbitration

94 posts

Jamieson Greer

19 posts

Katherine Tai

66 posts

NAFTA

19 posts

NAFTA Chapter 11

15 posts

NAFTA Chapter 19

5 posts

National Security

38 posts

Non Appeal Pact

3 posts

Non-Discrimination Standards

66 posts

Non-Market Economies

8 posts

Non-Violation Nullification or Impairment

19 posts

Precedent

25 posts

Public Views of Trade

10 posts

Robert Lighthizer

19 posts

Russia Trade Sanctions

17 posts

Sanctions

15 posts

Section 232

27 posts

Section 301

21 posts

Sovereignty

12 posts

SPS/TBT

5 posts

Standards of Review

7 posts

State Enterprises

13 posts

Sub-National Trade Issues

5 posts

Subsidies

84 posts

Terms of Trade Manipulation

7 posts

Trade Agreements

24 posts

Trade and Competition

14 posts

Trade and Development

21 posts

Trade and Environment

119 posts

Trade and Health

20 posts

Trade and Human Rights

9 posts

Trade and Intellectual Property

28 posts

Trade and Labor

29 posts

Trade and Peace

4 posts

Trade and Security

36 posts

Trade and the Stock Market

2 posts

Trade Balance

14 posts

Trade in Everything

65 posts

Trade in Services

21 posts

Trade Law and International Law

10 posts

Trade Preferences/GSP

23 posts

Trade Remedies

67 posts

Trans Pacific Partnership

10 posts

Trump Administration

65 posts

U.S. Trade Policy

33 posts

U.S. Trade Politics

64 posts

US-China Trade Relations

29 posts

USMCA

20 posts

USMCA Dispute Settlement

34 posts

USMCA Sunset/Review Clause

25 posts

USTR

16 posts

WTO - General

28 posts

WTO Accessions

8 posts

WTO Disputes

181 posts

WTO DS Reform

13 posts

WTO Jurisprudence

28 posts

WTO Negotiations

32 posts

Zeroing

29 posts
Powered by Ghost