LL 278- Nov 24,2009 - November 24, 2009- LL278 -EU has...

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November 24, 2009- LL278 -EU has input legislations saying from next year, ban on importation of seal products that practice cruel hunting techniques. -Produced significant dispute btwn Canada and EU. (Canada contests EU seal ban at WTO) -Canada's Perspective: Canadian sealers, Europeans want to dictate how we go about hunting our seals, we have our own system of animal cruelty, its something for us to regulate under our own laws, nothing to do with Europeans, should be choice of consumers, no blanket ban! Maybe put in place labelling program. -Knocking out a significant part of our northern economy, native canadians have used seal hunting for centuries, part of culture. -Europe saying its a moral question of whether having cruelty products, should be able to decide for ourselves, doesnt mean we have to import your seal products, labelling products not as effective as ban on removing cruelty. -Brought to international law to arbitrate this regulatory dispute. -How should international law legislate/approach in problems of transnational regulatory problems? -Not just about seals, broader structural issue, global economy regulated by national political communities entities. Transnational economic activity but no transnational regulation. Production takes place in one country sent to another= transnational, means that regulation takes place in several different jurisdiction. -Economic activity comes within jurisdiction of variety of regulations. -Regulation in one country profoundly effects those in another (Canada in seal case). Europeans concern of hunting methods effects people in Canada. -Different political communities while economy transnational. -Structural imbalance, fragmented political structure gives rise to three peoples: 1) democratic deficit (effects pops in another country, peoples lives and livlihoods being effected by decisions in which they have no input) -People lives and livlihoods being effected by political decisions over which they have no control 2) Regulatory pluralism - transnational activity but more than one regulatory jurisdiction on it. No consensus on how to regulate. Commonly case btwn two jurisdictions on how to appropriately regulate certain economic activity. Different values- different views on regulatory. -Whats appropriate way of arbitrate competing -Fundamental problem which international lawyers must deal with. 3) Regulatory unilateralism - problem of projection of one countrys power into another country, I will not import from you unless you do this and this. Projection of my regulatory values overseas. Fundamental problems - Two techniques of dealing with these problems (many more): -GATT Article 20- in GATT series of obligations, Art. 20 is an exception from these obligations. -Article I: imposed MFN
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This note was uploaded on 09/04/2010 for the course GOVT 100 taught by Professor Peterenns during the Spring '08 term at Cornell University (Engineering School).

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LL 278- Nov 24,2009 - November 24, 2009- LL278 -EU has...

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