AJIL Unbound

By: Alexia Herwig and Gregory Shaffer | June 25, 2015 | 11:45 AM EDT

The World Trade Organization (WTO) Appellate Body’s (AB) decision in the EC—Seal Products[1] case of May 2014 has stirred considerable debate among legal academics regarding several of its findings and interpretations. The decision touches upon hotly debated issues in WTO law’s reading and application that have broad public policy implications. The policy implications include the ability of WTO members to ban imports based on public morals...

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By: Joel Trachtman | June 25, 2015 | 11:30 AM EDT
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By: Donald H. Regan | June 25, 2015 | 11:00 AM EDT

European Communities—Measures Prohibiting the Importation and Marketing of Seal Products[1] is the first case in which the dispute system of the World Trade Organization (WTO) has wrestled with a regulation that pursued multiple conflicting, legitimate purposes. (I will explain later why ...

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By: Julia Y. Qin | June 25, 2015 | 10:45 AM EDT

I. Introduction

EC—Seal Products[1] raises an important issue in World Trade Organization (WTO) law: How can WTO treaties be interpreted to accommodate divergent legitimate purposes of a domestic regulation? The European Union (EU) measure[2] at issue...

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