Abstract
This thesis investigates whether the European Union (EU) achieves a fair balance between the protection of seals and the rights of indigenous peoples to engage in their traditional economic activities. It does this in the context of the EU legislation on trade in seal products, which imposes a sale and import ban on products from commercial seal hunts, but exempts indigenous peoples from its scope. Despite this exemption, Inuit of Canada have been unable to access the EU market under the legislation. In this thesis, it is argued that the balance is fair, if the EU legislation recognises and respects the rights under the United Nations Declaration on the Rights of Indigenous Peoples; does not impose a disproportionate restriction on the right of indigenous peoples to engage in the commercial exploitation of seal products; is consistent with the EU’s obligations under international trade agreements in that it does not discriminate against products of Inuit origin from Canada as opposed to those from Greenland; and results in improved animal welfare outside the EU. In order to assess what the concept of‘fair balance’ may mean in the context of the EU seal products legislation, this thesis examines three specific legal tests balancing human rights and societal interests. The thesis concludes that despite the EU’s arguments to contrary, the balance is unfair due to the de facto discrimination against products originating Inuit regions of Canada.