Symposium on the EU-seal products case. Sealed with a doubt : EU, seals and the WTO
European journal of risk regulation, 2015, Vol. 6, No. 3, pp. 388-395
MAVROIDIS, Petros C., Symposium on the EU-seal products case. Sealed with a doubt : EU, seals and the WTO, European journal of risk regulation, 2015, Vol. 6, No. 3, pp. 388-395 - https://hdl.handle.net/1814/39333
Retrieved from Cadmus, EUI Research Repository
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.
Cadmus permanent link: https://hdl.handle.net/1814/39333
Full-text via DOI: 10.13140/RG.2.1.4514.2245
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