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1 Free Trade [i] (2004)

handle is hein.animal/freta0001 and id is 1 raw text is: the importation of a product, arguing the law is just a trade restriction in disguise-are heard in unaccount- able, closed international tribunals staffed by trade lawyers who often have a vested interest in upholding the status quo system of trade. Despite being secre- tive and undemocratic, these tribunals are effectively empowered to overturn domestic environmental and animal protection laws. The losing country faces retal- iatory sanctions, fines, or is forced to change its law- subordinating its hard-won laws to unelected trade bureaucrats. This trade at all costs mentality makes animal protection extremely difficult to achieve. Notably, the WTO includes language that allows some exemptions from the trade rules under these agreements. National laws may contravene the WTO, for instance, if they are necessary to protect human, animal or plant life or health, or if they relate to the conservation of exhaustible natural resources. However, in order for either of these exemptions to apply, the measure in question must not be applied in a manner which would constitute a means of arbitrary or unjustifiable discrimination between countries where the same conditions prevail, or a disguised restriction on international trade. This is where the trade lawyers come in. Is a ban on furs from animals caught with steel jaw leghold traps 'necessary to protect the animals' health? Are endan- gered sea turtles exhaustible natural resources? Is it discrimination to judge one can of tuna differ- ently than another? Animals should get the benefit of the doubt, but it is hard to convince powerful trade bureaucrats that animal welfare and endangered spe- cies conservation are important enough to warrant restraints on commercial trade in certain products.

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