Study Of The Legal Issues Of Animal Welfare In Trade Barriers

The animal welfare trading barrier was appeared in recent years. It's a new barrier in the international trading. That means there are many countries introduced the concept of the animal welfare into the international trading, they took advantage of the difference of the animal welfare standard and the rules between different countries, and they use the animal welfare as an excuse to set up a barrier for stop the other countries animal original product import. The purpose is to protect the industry and economy which have relationship with the animal.The character of the animal welfare trading barrier include rationality and validity, discrimination and shady, complexity and dispute, these all provide reasons for the new trading barrier exist. At present, there are no international treaties or rules to regulating the animal welfare trading barrier. So many countries especially the EU, America and other developed countries make the animal welfare law and did much research on this issue. The purpose is not only can promote the animal welfare standard develop but also can take advantage of the animal welfare trading barrier to protect the development of the interrelated industry and economy. The problem of the animal welfare trading welfare had brought much concern from international organizations and countries, the OIE had established some basic animal welfare standards which can accepted by the most members of this organization. And the WTO also thought about to put the animal welfare into the Green Box, which wrote in the publication of the WTO.To china, the animal welfare trading barrier had brought many disadvantage influence to the export even some product destroyed by some import county for the animal welfare reason. But now, the animal welfare concept is still strange for us, and we don't have any rules about animal welfare. We only have the law which about the wild animal protection but there are many bugs of these law. It's really hard to meet the need. In this article I analysis the WTO rules which can be use as the potential rules for the animal welfare trading barrier, and also preview measures of animal welfare which can be taken by some countries. Then I combine the China's situation to bring forward some strategy to treat these problems from two aspects. On the one hand we should take advantage of the rules and the DSU of the WTO. On the other hand we should do much research on the issue of the animal welfare trading barrier and make a law of animal welfare and set up the prevent system to reply to the animal welfare trading barrier better in the future.