Wildlife management, the multilateral trade regime, morals and the welfare of animals¹

Various states (and groups of states such as the European Community) have adopted legislation designed to raise standards of animal welfare in many areas including agriculture, companion animals, experimentation and testing, transport, and hunting and trapping methods. Much of this legislation has resulted from extensive lobbying and intense political wrangling. Where the legislation affects animals as products (or animal derivative products such as their pelts or their meat), legislators frequently resort to external facing trade measures to support the moral stance taken in the legislative instrument. At this point potential conflicts with the precepts of the multilateral trade regime operated by the World Trade Organisation arise. The extent to which the relevant provisions in the WTO portfolio of agreements (and the predecessor text of the GATT 1947) assist the cause of animal welfare is limited by both the texts themselves and the narrow interpretation of those texts by WTO/ GATT dispute panels. Non‐governmental organisations involved with animal welfare issues are concerned that the WTO regime will inhibit the development of animal welfare protection legislation and are also concerned that the net result may be a retardation of the development of animal welfare measures in the face of open market competition. This article explores the background to, and substance of, this contention particularly in the context of the European and International legislation designed to deal with the welfare of trapped wild animals and also with other animal welfare legislation having international trade implications. Moreover, the findings of such an examination have much broader implications in that they have relevance to any legislation based on public morality which seeks to enforce that morality through external facing trade measures.