The Influence Of "Animal Welfare" On Our International Trade And Its Countermeasures

The animal welfare problem has gradually reached beyond national boundaries and is now the focus of a variety of international concerns as a result of moral and environment protection consideration with the continuous development of economy, just as other ecological and environmental protection problems do. However, the discussion of animal welfare has diverted from its original meaning lately. Animal welfare problem is no long only concerning the protection of animals, but may be abused as a tool for the benefit of human, which leads to a new type of"trade barrier". Practically, animal welfare has already affected our international trade on animal products, which have caused great damages of the exporters of our country as well as restricted the development of our economy. It is regretted that we have lagged behind the west countries both in legislation and consciousness of animal protection. Right now, most exporters and their manufactory pay less attention to animal welfare problem than needed. Meanwhile, the countermeasures of solving animal welfare problems occurred in our international trade are insufficient. Therefore, it is of theoretical and practical significance to research and explore animal welfare problem.This article is divided into five parts.Section I provides an overview of the connotation, the characteristics, the origination and the development of animal welfare. Besides, the ethics background and its theoretic foundation are discussed in this parts followed by the clarification of animal welfare and animal right, which is the highlight of this parts. Animal welfare is quite different from animal right. The former claims that human can utilize animals, but any utilization must consist with the humane and reasonable principle, and the excessive and extreme use of animals should be objected while the latter holds the idea that animals has its inner value as same as humane beings, therefore, any utilization of animals should be abolished. The author agrees with the former.Section II compares the animal welfare of our country with that of the west in different aspects including farming environment, animal transportation, the ways of obtaining animal products and animal welfare label system, and concludes that there is a big gap in animal welfare between the west and ours which has already caused losses and should be faced up and settled.Section III points out that the animal welfare problem may become a potential trade barrier and forwards its reasons based on the analysis of the former part. Besides, the characteristics of being a potential trade barrier of animal welfare are expatiated in this part. These characteristics includes: rationality and discrimination, invisibility and availability, complexity and disputativeness, rigidity and universality.Section IV explores the attitude of WTO to animal welfare problem by analyzing related cases of WTO. It is the highlight of this article. After throughout study of the cases of Shrimp/Turtle dispute, Beef Hormone dispute and Tuna/Dolphin dispute etc., the author concludes that trade protectionism in name of animal welfare is against the principle and spirit of WTO. In other words, the attitude of WTO on this phenomenon is negative.Section V proposes certain countermeasures to the negative impacts of animal welfare on our international trade. These countermeasures include improving our domestic legislation, dispelling the negative impacts of animal welfare by signing the multilateral agreements with other countries and making fully use of the DSB system of WTO. This part is also one of the important parts of this article.