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?

Accepted manuscript version. Published version available at https://doi.org/10.1163/15718085-13320003. 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...

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Bibliographic Details
Published in:The International Journal of Marine and Coastal Law
Main Author: Hennig, Martin
Format: Article in Journal/Newspaper
Language:English
Published: Brill Academic Publishers 2018
Subjects:
Online Access:https://hdl.handle.net/10037/15016
Description
Summary:Accepted manuscript version. Published version available at https://doi.org/10.1163/15718085-13320003. 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.