Symposium on the EU-seal products case. Sealed with a doubt : EU, seals and the WTO
Title: Symposium on the EU-seal products case. Sealed with a doubt : EU, seals and the WTO
Author: MAVROIDIS, Petros C.
Citation: European journal of risk regulation, 2015, Vol. 6, No. 3, pp. 388-395
In EC-Seal Products, the WTO Appellate Body (AB) issued a(nother) controversial report. This paper argues that the analysis followed by the AB is wrong. To prove this point, we ask two questions. Would the AB have concluded the same way if it had constructed the EU measure as two separate measures and not one? Did the AB adequately control for the regulatory intent of the EU, indeed the quintessential element for deciding whether the EU was indeed pursuing a societal preference of no commercial character? We responded in the negative to both questions.
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