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

Asian Journal of WTO & International Health Law and Policy, Vol. 10: 223, 2015

39 Pages Posted: 30 Apr 2015

See all articles by Juan He

Juan He

Zhejiang University - Guanghua Law School

Date Written: March 30, 2015

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

Suggested Citation

He, Juan, China-Canada Seal Import Deal after the WTO EU-Seal Products Case: At the Crossroad (March 30, 2015). Asian Journal of WTO & International Health Law and Policy, Vol. 10: 223, 2015. Available at SSRN: https://ssrn.com/abstract=2600135

Juan He (Contact Author)

Zhejiang University - Guanghua Law School ( email )

Zhejiang University Zhijiang Campus
51 Zhijiang Road
Hangzhou, Zhejiang 310008
China

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