Hostname: page-component-78c5997874-4rdpn Total loading time: 0 Render date: 2024-11-15T03:24:23.776Z Has data issue: false hasContentIssue false

Animal Welfare vs Free Trade - Free Trade Wins: An Examination of the Animal Welfare Implications of R v Ministry of Agriculture, Fisheries and Food exp Compassion in World Farming (1998)

Published online by Cambridge University Press:  11 January 2023

S Brooman*
Affiliation:
Liverpool John Moores University, School of Law and Applied Social Studies, 1 Myrtle Street, Liverpool L7 4DN, UK
D Legge
Affiliation:
Liverpool John Moores University, School of Law and Applied Social Studies, 1 Myrtle Street, Liverpool L7 4DN, UK
*
Contact for correspondence and requests for reprints
Rights & Permissions [Opens in a new window]

Abstract

Core share and HTML view are not available for this content. However, as you have access to this content, a full PDF is available via the ‘Save PDF’ action button.

The European Union (EU) has often been regarded as a prime mover in the cause of improved animal welfare. There is a great deal of European legislation to support this contention. This article discusses a recent case brought by the UK Government under Article 177 of the Treaty of Rome 1957 which challenges the assumption that EU law always favours animal welfare. We suggest that free trade is the driving force behind EU legislation and that where this conflicts with animal welfare, free trade is usually preferred.

Type
Short Communication
Copyright
© 2000 Universities Federation for Animal Welfare

References

Brooman and Legge 1997 Law Relating to Animals. Cavendish Publishing; London, UKGoogle Scholar
Council of Europe 1998 Standing Committee of the European Convention for the Protection of Animal Kept for Farming Purposes: Recommendations concerning Cattle. Adopted by the Standing Committee of the European Convention for the Protection of Animals Kept for Farming Purposes on 21 October 1988. Council of Europe: Strasbourg. Obtainable from, the Directorate of Legal Affairs of the Council of Europe, Division of Public and International Law, F-67075, Strasbourg, Cedex, FranceGoogle Scholar
Eurogroup for Animal Welfare 1998 Eurobulletin, October 1998 p 1. Eurogroup for Animal Welfare: 13 rue Bodougnat, B-1000 BrusselsGoogle Scholar
Eurogroup for Animal Welfare 1999 Eurobulletin, July 1999 ρ 3. Eurogroup for Animal Welfare: 13 rue Bodougnat, B-1000 BrusselsGoogle Scholar
European Council 1974 Council Directive 74/577/EEC on the stunning of animals before slaughter. Official Journal of the European Communities L 316: 1011Google Scholar
European Council 1978a European Convention for the protection of animals kept for farming purposes. Official Journal of the European Communities L 323: 1422Google Scholar
European Council 1978b Council Decision 78/923/EEC concerning the conclusion of the European Convention for the protection of animals kept for farming purposes. Official Journal of the European Communities L 323: 1213Google Scholar
European Council 1986 Council Directive 86/609/EEC on the approximation of laws, regulations and administrative provisions of the Member States regarding the protection of animals used for experimental and other scientific purposes. Official Journal of the European Communities L 358: 1 -28Google Scholar
European Council 1991 Council Directive 91/629/EEC laying down minimum standards for the protection of calves. Official Journal of the European Communities L 340: 2832Google Scholar
European Council 1995 Council Directive 95/29/EC concerning the protection of animals during transport (amending Directive 91/628/EEC). Official Journal of the European Communities L 148: 5263Google Scholar
European Council 1997 Council Directive 97/2/EC laying down minimum standards for the protection of calves (amending Directive 91/629/EC). Official Journal of the European Communities L 025: 2425Google Scholar
EU Treaty. Treaty of Amsterdam amending the Treaty on European Union, the Treaties establishing the European Communities and certain related acts - Protocol annexed to the Treaty of the European Community - Protocol on protection and welfare of animals. Official Journal of the European Communities C 340: 110Google Scholar
GB Parliament 1990 Welfare of Calves Regulations. Statutory Instrument 1987 no. 2021. The legislation now in force is the Welfare of Livestock (Amendment) Regulations. Statutory Instrument 1998 no. 1709. HMSO: LondonGoogle Scholar
Intergroup on the Welfare and Conservation of Animals 1998 Report of the 147th Session, 2 April 1998. Eurogroup for Animal Welfare: 13 rue Bodougnat, B-1000 BrusselsGoogle Scholar
Ryder, R 1989 Animal Revolution p 268. Blackwell Publishing: Oxford, UKGoogle Scholar