China-Canada Seal Import Deal after the WTO EU-Seal Products Case: At the Crossroad

Abstract

The opaque definition of the public moral exception enshrined in Article XX (a) of the General Agreement on Tariffs and Trade has been the focal point of debate in the recent EU-Seal Products case. Irrespective of a negative judicial finding that the EU import ban was not justified under Article XX (a), diverted sales of Canadian seals towards the Chinese market are being considered, given the existence of a preliminary import deal between the two countries. This article analyses the implications of the WTO panel and Appellate Body decisions arising from the EU-Seal Products case, and provides a critical assessment of the possibility for China to pursue a regulatory balance specific to its own circumstances under the GATT Article XX.

Keywords: public moral, animal welfare, public health, GATT Article XX