Animal Welfare Issue Addressed by WTO Sent to Appeal

In November 2013, panel established under the World Trade Organization’s dispute settlement body issued a report in the EC – Seal Products dispute. Under the EU Seal Regime, the European Union banned seal products from commercial seal hunts, based on concern for seal welfare. There was an exception for products from hunts by indigenous communities and one for the by-products of marine resource management culls. Norway and Canada challenged the EU commercial seal products ban.

In the panel decision, the WTO applied the “public morals” justification for restriction on international trade in a novel context – the protection of animal welfare. This decision was applauded by animal welfare organizations such as Humane Society International, which coauthored an amicus brief in the dispute and showed video footage of commercial seal hunts at the WTO panel.

Norway and Canada claim that the indigenous communities and marine resource management cull exceptions are unfair because they essentially allow most seal products from others countries like Greenland, Finland and Sweden, while restricting Norwegian and Canadian seal products. Norway and Canada will appeal to the WTO Appellate Body.

For more information, see the ASIL Insights article “Animal Welfare, Public Morals and Trade: the WTO Panel Report in EC – Seal Products.