Too much Zeal on Seals? Animal Welfare, Public Morals, and Consumer Ethics at the Bar of the WTO

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 panel's TBT findings are problematic. The panel uses the term ‘relate...

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Published in:World Trade Review
Main Author: HERWIG, ALEXIA
Format: Article in Journal/Newspaper
Language:English
Published: Cambridge University Press (CUP) 2015
Subjects:
Law
Online Access:http://dx.doi.org/10.1017/s1474745615000282
https://www.cambridge.org/core/services/aop-cambridge-core/content/view/S1474745615000282
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spelling crcambridgeupr:10.1017/s1474745615000282 2023-05-15T16:55:10+02:00 Too much Zeal on Seals? Animal Welfare, Public Morals, and Consumer Ethics at the Bar of the WTO HERWIG, ALEXIA 2015 http://dx.doi.org/10.1017/s1474745615000282 https://www.cambridge.org/core/services/aop-cambridge-core/content/view/S1474745615000282 en eng Cambridge University Press (CUP) https://www.cambridge.org/core/terms World Trade Review volume 15, issue 1, page 109-137 ISSN 1474-7456 1475-3138 Law Political Science and International Relations Economics and Econometrics journal-article 2015 crcambridgeupr https://doi.org/10.1017/s1474745615000282 2022-06-17T09:06:24Z 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 panel's TBT findings are problematic. The panel uses the term ‘related’ PPMs in the definition of technical regulations of content and does not distinguish and sequence the legal tests of TBT Articles 2.1 and 2.2 clearly enough. It fails to analyze 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. This 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. Article in Journal/Newspaper inuit Cambridge University Press (via Crossref) World Trade Review 15 1 109 137
institution Open Polar
collection Cambridge University Press (via Crossref)
op_collection_id crcambridgeupr
language English
topic Law
Political Science and International Relations
Economics and Econometrics
spellingShingle Law
Political Science and International Relations
Economics and Econometrics
HERWIG, ALEXIA
Too much Zeal on Seals? Animal Welfare, Public Morals, and Consumer Ethics at the Bar of the WTO
topic_facet Law
Political Science and International Relations
Economics and Econometrics
description 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 panel's TBT findings are problematic. The panel uses the term ‘related’ PPMs in the definition of technical regulations of content and does not distinguish and sequence the legal tests of TBT Articles 2.1 and 2.2 clearly enough. It fails to analyze 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. This 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.
format Article in Journal/Newspaper
author HERWIG, ALEXIA
author_facet HERWIG, ALEXIA
author_sort HERWIG, ALEXIA
title Too much Zeal on Seals? Animal Welfare, Public Morals, and Consumer Ethics at the Bar of the WTO
title_short Too much Zeal on Seals? Animal Welfare, Public Morals, and Consumer Ethics at the Bar of the WTO
title_full Too much Zeal on Seals? Animal Welfare, Public Morals, and Consumer Ethics at the Bar of the WTO
title_fullStr Too much Zeal on Seals? Animal Welfare, Public Morals, and Consumer Ethics at the Bar of the WTO
title_full_unstemmed Too much Zeal on Seals? Animal Welfare, Public Morals, and Consumer Ethics at the Bar of the WTO
title_sort too much zeal on seals? animal welfare, public morals, and consumer ethics at the bar of the wto
publisher Cambridge University Press (CUP)
publishDate 2015
url http://dx.doi.org/10.1017/s1474745615000282
https://www.cambridge.org/core/services/aop-cambridge-core/content/view/S1474745615000282
genre inuit
genre_facet inuit
op_source World Trade Review
volume 15, issue 1, page 109-137
ISSN 1474-7456 1475-3138
op_rights https://www.cambridge.org/core/terms
op_doi https://doi.org/10.1017/s1474745615000282
container_title World Trade Review
container_volume 15
container_issue 1
container_start_page 109
op_container_end_page 137
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