Animal welfare in the context of World Trade Organization dispute settlement

This paper was written to give veterinarians and decision-makers an overview of World Trade Organization (WTO) findings relevant to animal welfare. The article has a practical focus and does not attempt to provide a legal analysis of WTO dispute settlement. The author has simplified very technical legal language so that the paper will be useful to a broader audience. The global trade rules comprise a series of legal agreements that came into effect in 1995, when the WTO was established. The overarching objective of the WTO is to promote international trade by avoiding unjustified discrimination between trading partners. The harmonisation of national measures with relevant international standards is encouraged by the WTO to facilitate safe trade. The broad objective of the World Organisation for Animal Health (OIE) is to promote global improvements in animal health and welfare, and veterinary public health. To this end, the OIE sets intergovernmental standards and works to strengthen the capacities of Members to implement them. The OIE standards are recognised as WTO references with respect to animal health and zoonotic diseases and a significant number of WTO disputes have addressed the relevance of these OIE standards to international trade measures. In addition to animal health standards, the OIE also sets standards for animal welfare, and has implemented regional and global strategies to encourage their adoption by Members. In comparison with measures to protect animal health or food safety, few WTO disputes have considered animal welfare related measures. A lack of WTO case law has contributed to uncertainty about the consistency of WTO animal welfare measures. This paper considers some WTO disputes and findings relevant to animal welfare. The outcomes of these disputes suggest that WTO Panels and the Appellate Body are prepared to accept the right of Members to regulate for animal welfare purposes, providing that they respect the established WTO disciplines. This article draws two main conclusions. Firstly, regardless of whether measures are adopted to protect animal welfare or animal health, for WTO consistency, they must not result in unjustifiable, arbitrary or unnecessary discrimination. Secondly, regardless of how the WTO deals with animal welfare, governments must respond to the growing interest of consumers in farm animal welfare. The OIE standards, as recognised references for trading countries and the WTO, will continue to be influential in relation to global trade in animal products. It is important that the OIE update its animal welfare standards regularly, to ensure that they are consistent with latest scientific understanding and appropriate to consumer expectations for ethical food production.