The Consistency of Animal Welfare Measures under WTO Regime: The Case of EU Cosmetics Regulation

• Main Author: 莊涵因
• Other Authors: 施文真
• Format: Others
• Language: zh-TW
• Online Access: http://ndltd.ncl.edu.tw/handle/vfn8ug

碩士 === 國立政治大學 === 國際經營與貿易研究所 === 102 === With the development of the society, economy and culture, people gradually realize and recognize the welfare of animals kept for companion, farming, testing and many other purposes down the ages. Among them all, animals use in research and testing make great contribution to human health, making the rapid progress in life science, medical, and pharmacy. In the meantime, there has been increasing total amount of laboratory animals. The issues of animal pain and animal rights have been brought to the attention of the public. On the 11th March 2003, Directive 2003/15/EC was published for the 7th time amending the European Union’s cosmetics Directive 76/768/EEC. Directive 2003/15/EC lays down detail rules and schedules for the implementation of the testing and marketing ban and has great significance for the Cosmetics Industry. The Directive sets different phase-out time according to experiment methods. With the last phase of the ban coming into force on 11th March 2013, any cosmetics products using banned animal testing method will be prohibited throughout the whole EU territory, affecting the importation and sales of the product at issue. This may raise concerns and may further escalate this animal welfare dispute at the World Trade Organization. Owing to the fact that animal welfare cases under WTO are rare and still developed by case law, it is hard to say whether animal welfare control measures fall within the scope of the WTO and further violates WTO obligation. This thesis brought up interpretation and analysis in TBT agreement and GATT.