The Ignored: Indirect Protection through the TBT, the SPS, the ADA, the AoA, and the Special Treatment Clause

Abstract

Chapter 4 complements Chapter 3 by examining the means available for states to indirectly protect animals abroad under trade agreements dealing with technical barriers, sanitary measures, dumping, agriculture, and special treatment for majority world countries. It opens with a discussion of the indirect extraterritorial reach of labels and import restrictions under the Agreement on Technical Barriers to Trade (TBT) and then determines if the Agreement on the Application of Sanitary and Phytosanitary Measures (SPS) leaves room for protecting animals through indirect extraterritorial means. This chapter also explores the most appropriate way for members to react to dumping in animal law under the Anti-Dumping Agreement (ADA). Finally, it examines how states can use the Agreement on Agriculture (AoA) and the Special Treatment Clause to indirectly improve the lives of animals abroad through special schemes for subsidies or preferential treatment.