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EC–Seal Products: Seals and Sensibilities (TBT Aspects of the Panel and Appellate Body Reports)

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  • LEVY, PHILIP I.
  • REGAN, DONALD H.

Abstract

The EC–Seal Products case stemmed from complaints by Canada and Norway against European Union regulations that effectively banned the importation and marketing of seal products from those countries. The EU said it had responded to European moral outrage at the killing of seals. Canada and Norway challenged the regime under various provisions of the Technical Barriers to Trade (TBT) Agreement and the GATT. This article considers TBT aspects of the Panel and Appellate Body decisions. It discusses issues such as whether there is any bright line to be drawn between legitimate and illegitimate purposes in regulation, the proper legal meaning of a ‘technical regulation’, and the interpretation of TBT 2.1.

Suggested Citation

  • Levy, Philip I. & Regan, Donald H., 2015. "EC–Seal Products: Seals and Sensibilities (TBT Aspects of the Panel and Appellate Body Reports)," World Trade Review, Cambridge University Press, vol. 14(2), pages 337-379, April.
    • Handle: RePEc:cup:wotrrv:v:14:y:2015:i:02:p:337-379_00
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    Cited by:

    1. Bown, Chad & Crowley, Meredith A., 2016. "The Empirical Landscape of Trade Policy," CEPR Discussion Papers 11216, C.E.P.R. Discussion Papers.
    2. 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).
    3. Paola Conconi & Tania Voon, 2015. "EC-Seal Products: The Tension between Public Morals and International Trade Agreements," Working Papers ECARES ECARES 2015-30, ULB -- Universite Libre de Bruxelles.
    4. Chad P. Bown & Rachel Brewster, 2016. "US–COOL Retaliation: The WTO's Article 22.6 Arbitration," Working Paper Series WP16-13, Peterson Institute for International Economics.

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