The EU Seal Products Ban – Why Ineffective Animal Welfare Protection Cannot Justify Trade Restrictions under European and International Trade Law

• Published in: Arctic Review on Law and Politics
• Main Author: Martin Hennig
• Format: Article in Journal/Newspaper
• Language: English; Norwegian
• Published: Cappelen Damm Akademisk NOASP 2015
• Subjects: Trade in seal products; animal welfare; rights of indigenous peoples; EU law; WTO law; Arctic; droit; scipo; Arctic review on law and politics; greenlandic; inuit
• Online Access: https://doi.org/10.17585/arctic.v6.77; https://doaj.org/article/8bf0205ceafa44a9b23b7c5b5bbb79be

In this article, the author questions the legitimacy of the general ban on trade in seal products adopted by the European Union. It is submitted that the EU Seal Regime, which permits the marketing of Greenlandic seal products derived from Inuit hunts, but excludes Canadian and Norwegian seal products from the European market, does not ensure a satisfactory degree of animal welfare protection in order to justify the comprehensive trade restriction in place. It is argued that the current ineffective EU ban on seal products, which according to the WTO Appellate Body cannot be reconciled with the objective of protecting animal welfare, has no legal basis in EU Treaties and should be annulled.