WTO Dispute Settlement Body

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The Right to Regulate for Public Morals Upheld (Somewhat): The WTO Panel Report in EC-Seal Products

There have been few interpretations of Article XX(a) of the General Agreement on Tariffs and Trade (GATT 1994) - the  specific exception that justifies what would ordinarily be a State's GATT-inconsistent measure, unless such measure is deemed "necessary to protect public morals".  As with any of the ten enumerated exceptions under Article XX of GATT 1994, a State invoking GATT Article XX(a) must first meet the requirements of the specific exception (e.g. demonstrating that the challenged measure is indeed "necessary to protect public morals"), and thereafter show that the challenged measure also complies with the overall requirements of 'good faith' (Brazil - Measures Affecting Imports of Retreaded Tyres, Appellate Body Report of 3 December 2007, at para. 215) as contained in the chapeau to Article XX (e.g. demonstrating that the challenged measure is not being applied in a manner which would constitute a means of arbitrary or unjustifiable discrimination between countries where the same conditions prevail, or a disguised restriction on international trade).  The 25 November 2013 Panel Report in European Communities - Measures Prohibiting the Importation and Marketing…

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The ‘Mackerel War’ Goes to the WTO

In a typical David and Goliath story, the Faroe Islands - a small archipelago situated northwest of Scotland, halfway between Iceland and Norway, and inhabited by less than 50,000 people - have  requested consultations with the European Union under the WTO’s Dispute Settlement Understanding. The dispute, which concerns fishing rights in the North Atlantic, has been dubbed…

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