The Untouchable Nature of the ‘EU Seal Regime’—Is the European Union Liable for the Damages Suffered by the Canadian Inuit Due to the Violation of WTO Law in EC—Seal Products?

• Published in: The International Journal of Marine and Coastal Law
• Main Author: Hennig, Martin
• Format: Article in Journal/Newspaper
• Language: unknown
• Published: Brill 2018
• Subjects: Law; Management, Monitoring, Policy and Law; General Environmental Science; Geography, Planning and Development; Oceanography; inuit
• Online Access: http://dx.doi.org/10.1163/15718085-13320003; https://brill.com/view/journals/estu/33/2/article-p403_7.xml; https://brill.com/downloadpdf/journals/estu/33/2/article-p403_7.xml

Abstract In this article, the author assesses whether Canadian Inuit sealers, who have suffered economic damage in the wake of the introduction of the European Union ( EU ) ban on seal products, can bring an action for damages against the EU before the European Court of Justice. The author reviews why the EU ban on seal hunting violates World Trade Office ( WTO ) law and discusses if, and why, Canadian Inuit sealers can rely on a violation of the WTO Agreements as a legal basis in a potential claim for damages under EU law. Moreover, the author criticizes the current state of EU law, which does not grant reparation of the economic damage suffered by indigenous communities when carrying out their traditional seal hunts that are protected under UN human rights law.