On May 22, 2014, the World Trade Organization’s Appellate Body (AB) issued its report on the controversial “ECSeal Products” dispute, finding that a European Union (EU or Union) prohibition on the importation and sale of seal products violated the General Agreement on Tariffs and Trade 1994 (GATT). It did so, however, in a way that largely upheld the Union”s defense on animal welfare grounds, so that the prohibition remains effective. The decision marks the first time that the Appellate Body has found that a trade ban on animal welfare grounds falls within the exception under GATT Article XX(a) for measures necessary to protect public morals. This determination implicates the legality of future trade restrictions on animal welfare grounds, as well as restrictions imposed on human rights grounds, such as labor rights.

In a Mexican challenge against U.S. criteria for labeling tuna products as “dolphin-safe,” the Appellate Body of the World Trade Organization (WTO), on May 16, 2012, held against the United States while reversing various findings of the panel. The case was one of three WTO Appellate Body decisions issued in 2012 that interpreted and applied the key substantive provisions of the Agreement on Technical Barriers to Trade (TBT Agreement or TBT) for the first time. Systemically, the decision is important for its interpretation of the TBT Agreement’s substantive obligations, the types of labeling that fall within the scope of the Agreement, the legitimacy of labeling based on foreign process and production methods (PPMs), and the relation of other international law to WTO law.