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Sealing animal welfare into the GATT exceptions: the international dimension of animal welfare in WTO disputes

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  • SYKES, KATIE

Abstract

EC–Seal Products has been characterized as a contest between local moral preferences about animal welfare, on the one hand, and global commitments to trade disciplines on the other. But that description fails to take into account the development of international legal norms concerning animal welfare and their relevance to this case, as well as to other potential disputes involving animal welfare measures that affect trade. The international dimension of animal welfare implicates two ongoing debates in international trade law: what the relationship should be between WTO law and general international law, and the extent to which ‘public morals’ under Article XX(a) of GATT can be locally defined or need to be internationally shared. This Article examines the argument that there is a general principle of international law concerning animal welfare, and analyzes the role that international norms regarding animal welfare should play in EC–Seal Products.

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  • Sykes, Katie, 2014. "Sealing animal welfare into the GATT exceptions: the international dimension of animal welfare in WTO disputes," World Trade Review, Cambridge University Press, vol. 13(3), pages 471-498, July.
    • Handle: RePEc:cup:wotrrv:v:13:y:2014:i:03:p:471-498_00
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    Cited by:

    1. Sonntag, Winnie & Spiller, Achim, 2016. "Prozessqualitäten in der WTO: Ein Vorschlag für die reliable Messung von moralischen Bedenken," DARE Discussion Papers 1603, Georg-August University of Göttingen, Department of Agricultural Economics and Rural Development (DARE).
    2. Sonntag, Winnie Isabel & Spiller, Achim, 2017. "Messung moralischer Besorgnis gegenüber Prozessstandards am Fallbeispiel der Käfighaltung von Legehennen - Skalenentwicklung und -validierung," 57th Annual Conference, Weihenstephan, Germany, September 13-15, 2017 261992, German Association of Agricultural Economists (GEWISOLA).
    3. Marette Stéphan, 2016. "Non-Tariff Measures When Alternative Regulatory Tools Can Be Chosen," Journal of Agricultural & Food Industrial Organization, De Gruyter, vol. 14(1), pages 1-17, May.
    4. Kristie O’Neill, 2018. "Traditional beneficiaries: trade bans, exemptions, and morality embodied in diets," Agriculture and Human Values, Springer;The Agriculture, Food, & Human Values Society (AFHVS), vol. 35(2), pages 515-527, June.
    5. Winnie Isabel Sonntag & Achim Spiller, 2018. "Measuring Public Concerns? Developing a Moral Concerns Scale Regarding Non-Product Related Process and Production Methods," Sustainability, MDPI, vol. 10(5), pages 1-16, April.
    6. Alexandra Molitorisová & Ciarán Burke, 2023. "Farm to fork strategy: Animal welfare, EU trade policy, and public participation," Applied Economic Perspectives and Policy, John Wiley & Sons, vol. 45(2), pages 881-910, June.

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