Canadian seal management and the European rag trade (1984) (original) (raw)
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Colorado Natural Resources, Energy, and Environmental Law Review, 2011
This paper explores the current dispute between the European Union ("EU") and Canada over the import of Canadian seal products into the European market. The EU Seal Ban Regulation ("SBR") is aimed at preventing seal hunting in Canada. Canada has protested the provisions of the SBR, claiming that they violate the EU's commitment to free trade in areas such as Most Favored Nation ("MFN") treatment, national treatment, elimination of quantitative restrictions, and avoidance of unnecessary obstacles to trade. The complaint lodged by Canada under the World Trade Organization ("WTO") Dispute Settlement Mechanism ("DSM") sidesteps the issue of cruelty that is fundamentally at the heart of this dispute. The partial sympathy mechanism and exclusion mechanism in the consultation and panel procedures under the current WTO DSM appear to be weighted in favor of the complainant, making it difficult for the defending party to present a comprehensive case. The risk assessment under the Technical Barriers to Trade Agreement ("TBT") is different from that under the Sanitary and Phytosanitary Measures Agreement ("SPS"), and this disparity also tends to work in favor of the complainant. For these reasons, it is the authors' opinion that Canada will prevail when the dispute proceeds to the Panel and Appellate Body procedures under the WTO DSM.
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This paper illustrates how different standpoints affect business matters. The 18th-century fur trade in western Canada brought together two cultural worlds, that of Western Europe and that of American First Nations. The paper describes the contrast between Hudson's Bay Company posts ruled from London, and independent "pedlars" familiar with First Nations customs and wants.
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The Covid-19 outbreak has brought about fresh and intensified scrutiny of the wildlife trade, which substantively involves commerce in exotic pets. In response, major policy decisions involving trade bans have ensued, with calls for similar such action to be applied across the trade chain. Yet, these measures have been criticised, largely based on concerns that they risk exacerbating poverty, undermining human rights, damaging conservation incentives, and otherwise harming sustainable development and conservation efforts. Instead, many critics propose improved regulation of the status quo, with the intention of nurturing a legal, sustainable, safe, humane, and equitable wildlife trade. Herein, we provide a countering view that outlines how the risks presented by the wildlife trade are becoming increasingly recognised as being both manifold and severe; and raise concerns that the goal of a well-regulated wildlife trade is becoming increasingly exposed as a mirage. We conclude that wh...
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