World Trade Organization Rules Russian Pork Ban Is Illegal (February 23, 2017) [1]
On February 23, 2017, the World Trade Organization (WTO) Appellate Body issued its report [3] in “Russian Federation – Measures on the Importation of Live Pigs, Pork and Other Pig Products from the European Union,” upholding a previous ruling that found Russia had illegally embargoed European live pigs, pork, and other pig products in violation of international trade laws. According to the summary [4], Russia imposed the ban in January 2014 in response to the outbreak of African Swine Fever in the EU and argued that it was in line with the Sanitary and Phytosanitary Agreement and the non-discrimination provisions of the 1994 General Agreement on Tariffs and Trade. The Appellate Body disagreed and found that the ban went beyond what was necessary to protect health and that “the European Union had provided the necessary evidence to objectively demonstrate to Russia, pursuant to Article 6.3 of the SPS Agreement, that there were areas within the European Union, outside of Estonia, Latvia, Lithuania, and Poland, which were free of ASF and were likely to remain so.” The Appellate Body recommended that the Dispute Settlement Body request that Russia bring its regulations into conformity with its international obligations.