Publication
Title
Too much zeal on seals : animal welfare, public morals and consumer ethics at the bar of the WTO
Author
Abstract
The Seals Regime at issue in EC-Seals pursued conflicting policy objectives of animal welfare, protection of public morals, Inuit and the marine environment through regulation of product composition and hunting. The panels TBT findings are problematic: The panel empties the term related PPMs in the definition of technical regulations of content and it does not distinguish and sequence the legal tests of TBT Articles 2.1 and 2.2 clearly enough. It fails to analyse properly how the necessity analysis should be performed for a multipurpose policy and reduces the ability of WTO members to defend them. The panel also adopts an unduly empiricist definition of public morals and legitimate objectives. The article argues that the content of public morals and legitimate objectives in Article 2.2 should be informed by moral philosophy. Its analysis suggests that collectively binding regulation of ethical standards can generally not be considered to be about public morals.
Language
English
Source (journal)
World trade review / World Trade Organization. - Cambridge, 2002, currens
Publication
Cambridge : 2016
ISSN
1474-7456 [print]
1475-3138 [online]
Volume/pages
15:1(2016), p. 109-137
ISI
000372460500006
Full text (Publisher's DOI)
Full text (open access)
UAntwerpen
Faculty/Department
Research group
Publication type
Subject
Law 
Affiliation
Publications with a UAntwerp address
External links
Web of Science
Record
Identification
Creation 27.07.2015
Last edited 22.07.2017
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