The EU Seal Products Ban – Why Ineffective Animal Welfare Protection Cannot Justify Trade Restrictions under European and International Trade Law

AbstractMany animal and environmental activists think of international trade law as a block to the achievement of their goals and perceive the World Trade Organization (WTO) as a threat to animals. Yet, the first legal decision of an international tribunal to devote careful, sustained attention to animal welfare issues comes from the WTO, in the EC – Seal Products decision. This article argues that international trade law is currently an important, although under-acknowledged, locus for the development of global norms concerning the protection of animals, and that animal conservation and animal welfare can be seen as aspects of a single overarching principle of animal protection. International trade law contributes to animal protection in two ways. Firstly, WTO jurisprudence has recognized animal protection as a legitimate basis for invoking exceptions to trade rules (as in EC – Seal Products). Secondly, international trade negotiations enhance cooperation on the implementation and enforcement of existing conservation obligations (as in the new Trans-Pacific Partnership’s Environment Chapter).

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Animal Welfare and the Wto: The Legality and Implications of Live Export Restrictions under International Trade Law

Federal Law Review ◽

10.22145/flr.42.2.3 ◽

2014 ◽

Vol 42 (2) ◽

pp. 279-307 ◽

Cited By ~ 1

Author(s):

Radhika Chaudhri

Keyword(s):

International Trade ◽

Animal Welfare ◽

Export Trade ◽

The Public ◽

Trade Law ◽

International Trade Law ◽

Appellate Body ◽

Export Restrictions ◽

Set Up ◽

Live Export

In Australia, controversial incidents regarding the treatment of live animals exported from Australia spark regular debate on whether the live export trade should be banned or more tightly regulated. Government responses to public outcry often take the form of restrictions on the trade of the animals concerned, but the legality of unilateral measures of this kind is yet to be directly considered by the World Trade Organization's Appellate Body. This article examines the legality of imposing restrictions on live export under the international trade law regime set up by the General Agreement on Tariffs and Trade 1994 (‘GATT’),1 and in particular, whether such measures could be justified under Article XX. In exploring this question, special attention is given to the Australian government's new regulatory framework, as introduced by the Export Control (Animals) Amendment Order 2012 (No 1), which imposes an exporter supply chain assurance obligation on Australian suppliers. In addition, in light of the continued calls from animal welfare groups to ban the trade entirely, the legality of a complete moratorium on live exports will also be considered. Although the exceptions in Articles XX(b) and XX(g) of the GATT appear to be relevant to live exports, ultimately any regulation might be best supported under the ‘public morals’ exception in Article XX(a). However, care will need to be taken in the design of any restriction to avoid breaching the strict chapeau requirements of Article XX.

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Decentralizing Energy Markets in the Light of International Trade Law: OPEC and the EU Internal Energy Market

Energy in International Trade Law ◽

10.1017/9781108551526.006 ◽

2021 ◽

pp. 159-210

Keyword(s):

International Trade ◽

Internal Energy ◽

Energy Markets ◽

Energy Market ◽

Trade Law ◽

International Trade Law ◽

The Eu

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Animals and the Impact of Trade Law and Policy: A Global Animal Law Question

Transnational Environmental Law ◽

10.1017/s2047102519000402 ◽

2020 ◽

Vol 9 (2) ◽

pp. 239-262

Author(s):

Iyan Offor

Keyword(s):

European Union ◽

International Trade ◽

Animal Welfare ◽

The European Union ◽

Promising Alternative ◽

Animal Law ◽

Trade Law ◽

International Trade Law ◽

Law And Policy ◽

The Impact

AbstractThere is a critical research gap regarding the trade and animal welfare interface: we do not know, empirically, what the impact of trade on animal welfare is. This gap exists, in part, as a result of the paternalism of international trade law and the underdevelopment of global animal law. This article addresses, firstly, the collision of dichotomous trade and animal welfare priorities in legal and political systems. It then explores attempts at reconciliation by the World Trade Organization and the European Union. This involves an investigation of the impact of trade on animal welfare. This impact is categorized into four component parts: (i) open markets, (ii) low animal-welfare havens, (iii) a chilling effect, and (iv) lack of labelling. Case studies from the European Union are examined. Thirdly, the article critiques trade law and policy as ill-suited primary drivers of global governance for animals. Global animal law is identified as a promising alternative, although its early development has been unduly affected by international trade law.

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Part VII Inter-linkages with Other Regimes, Ch.43 Trade

10.1093/law/9780198849155.003.0043 ◽

2021 ◽

Author(s):

Asselt Harro van

Keyword(s):

International Trade ◽

Environmental Protection ◽

International Environmental Agreements ◽

Environmental Agreements ◽

Trade And Environment ◽

Trade Restrictions ◽

Multilateral Environmental Agreements ◽

Trade Law ◽

International Trade Law ◽

Environmental Measures

This chapter reviews the interactions between international trade law and environmental protection. It begins by explaining how trade and environmental protection are physically interlinked, before offering an account of the evolution of the trade and environment debate. The chapter then examines the relationship between multilateral environmental agreements (MEAs) and trade, followed by an analysis of questions that have arisen in assessing the compatibility of environmental measures with trade law. International trade law may have a ‘chilling effect’ on the adoption or effective implementation of international environmental agreements. Conversely, environmental policies employing trade restrictions can become ‘green protectionism’ and even ‘eco-imperialism’. The chapter explores two emerging developments of relevance for the trade and environment debate, including the rise of regional trade agreements and the growing importance of climate change-related disputes. It concludes with a critical assessment of the prospects for strengthening coherence between international environmental and trade law.

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