Showing posts with label EU Seal. Show all posts
Showing posts with label EU Seal. Show all posts

Friday, May 23, 2014

Who actually won and what will the measures to comply be?

Preliminary reactions coming in from the parties to the EU Seals dispute:

EU
"The WTO confirmed the EU's right to ban seal products on moral grounds related to animal welfare and the way the seals are killed. It did, however, criticise the way the exception for Inuit hunts has been designed and implemented. 
The European Commission will review the findings on these exceptions to the ban and consider options for implementation. Overall, the Commission welcomes today's ruling as it upholds the ban imposed in reaction to genuine concerns of EU citizens."
“We are pleased that today’s decision by the WTO Appellate Body confirms what we have said all along, namely that the EU’s seal regime is arbitrarily and unjustifiably applied and is therefore inconsistent with the EU’s obligations. The WTO Appellate Body confirmed that the EU measure violates its international obligations and has ordered the EU to bring itself into compliance. We are currently reviewing the practical impact of the decision on the Atlantic and northern seal harvests.
Makes one wonder who actually won and what would the measures taken to comply with the decision be?

Compliance - the stage shifts in the EU Seals case

The EU Seal Products ban decision is out. You can find it here on the WTO website. Several brilliant expositions of the decisions in the IELP blog here.

Dissecting the decision in lay person's language it came to the conclusion that the EU ban on Seal products was justified under the "public morals" exception under Article XX(a) GATT. However, the exception given to Inuit communities of Greenland does not meet the requirements of the chapeau of Article XX. Hence, the Appellate Body recommended that the DSB request the European Union to bring its measure, found in this Report, and in the Canada Panel Report as modified by this Report, to be inconsistent with the GATT 1994, into conformity with its obligations under that Agreement. 

The focus now shifts to compliance. Apart from the "reasonable time" required, the issue would be what would amount to compliance of the AB decision? Removing the Inuit exception for Greenland or clarifying the exception itself?

Compliance is as big as the dispute itself!