The 2009 EU Regulation on Trade in Seal Products

Mohamed Coulibaly

Abstract

This paper assesses the justifiability of trade-related measure for the purpose of protecting the environment. It analyzes a new regulation adopted by the European Communities to ban trade in seal products derived from commercial hunting. The measure has been challenged under the WTO rules by two major sealing countries -Norway and Canada, on the ground that it violates the EC obligations under those rules. After analyzing relevant WTO jurisprudence, the paper concludes that the EC regulation violates the EC obligations but, is justifiable under the General exceptions of the GATT 1994, and does not constitutes a technical regulation under the TBT Agreement of the WTO.