Decapod Crustaceans in Animal Welfare Law: Fragmentation, Gaps, and Emerging Models in Europe and Oceania

In recent decades, the exponential growth of the global seafood industry has intensified the exploitation of aquatic invertebrates, particularly decapod crustaceans, whose commercial value continues to rise alongside consumer demand. This expansion has coincided with significant scientific advances recognizing these animals as sentient beings capable of experiencing pain and exhibiting complex behavioral responses to noxious stimuli. Nevertheless, legal systems have been slow integrate such evidence, resulting in a persistent misalignment between scientific knowledge and regulatory practice. This article critically examines the legal status of decapod crustaceans within animal welfare law, underscoring a pronounced disjunction between well-established scientific evidence of their sentience and the limited protections they receive. Despite extensive research supporting their capacity for suffering, the prevailing legal paradigm continues to construe these animals predominantly as commodities. Through a comparative analysis of regulatory regimes across the European Union, Italy, and selected extra-European jurisdictions, including UK, Australia, and New Zealand, the study identifies a significant regulatory lacuna alongside considerable legislative fragmentation. It scrutinizes a spectrum of normative models, ranging from indeterminate, principle-based provisions to more exacting and technically prescriptive standards. The article finally advocates for a harmonized, science-driven regulatory framework to ensure coherent and effective welfare protections for decapod crustaceans within the global food industry.