The WTO, Self-Determination, and Multi-Jurisdictional Sovereignty

American Journal of International Law Unbound, June 2015

12 Pages Posted: 4 Sep 2015

See all articles by Michael Fakhri

Michael Fakhri

University of Oregon - School of Law

Date Written: June 25, 2015

Abstract

In EC-Seal Products, the WTO Appellate Body held that the European Union (EU) Seal Regime banning the importation of seal products could be justified under GATT Article XX(a) as a measure necessary to protect public morals. It also held that the indigenous communities (IC) exception under the EU Seal Regime is inconsistent with GATT Article I:1 (Most-Favored Nation) because it discriminated against commercial fishers in Canada and Norway and was applied in a manner that favored the mostly Inuit seal hunters of Greenland, and thus ran afoul of Article XX’s chapeau. With a focus on Canada, I suggest that the dispute is about more than just the trade in seal products. This case brings into stark relief questions of self-determination of Arctic indigenous peoples and multi-jurisdictional sovereignty over the Arctic.

Keywords: Inuit, International Trade Law, Soveriegnty, Arctic Law, Self-determination

JEL Classification: K33, Q22

Suggested Citation

Fakhri, Michael, The WTO, Self-Determination, and Multi-Jurisdictional Sovereignty (June 25, 2015). American Journal of International Law Unbound, June 2015, Available at SSRN: https://ssrn.com/abstract=2655359

Michael Fakhri (Contact Author)

University of Oregon - School of Law ( email )

1515 Agate Street
Eugene, OR Oregon 97403
United States

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