The WTO public morals clause. An analysis of whether a trade ban on farmed salmon would be justified under GATT Article XX (a)

Abstract

In the recent EC-Seal dispute in the World Trade Organization, the Appellate Body found that animal welfare was considered being an issue of public morals, and that the trade ban on seal products adopted by the European union was justified under GATT Art. XX (a). This thesis discusses whether an equivalent trade ban on farmed salmon products could be justified under the public morals provision in WTO. Although the definition of public morals now seems to include animal welfare concerns, the existence of plausible, less trade-restrictive alternatives may limit the use of this provision for trade-restrictive purposes.