@article{2019:peters:between_tr,
title = {Between Trade and Torture: Animals in EU law},
year = {2019},
note = {The paper shows that animals have a dual status under EU law: as
tradeable goods and as sentient beings which need protection form
torture; they are “sentient merchandise”. This duality is manifest
in the two-fold motivation of most animal-related EU legislation which
seeks first of all to boost trade by levelling the playing field for
agricultural operators through the harmonisation of welfare standards,
and additionally to protect animals from torture-like suffering.
Often, the two concerns point in different directions, and animal
welfare is trade off. But both on the internal market and on the
global market, the concerns for trade and for mitigating torture can
be aligned under certain conditions. The legally recognised dual
status of animals opens a window of opportunity for more
animal-friendly interpretations of extant law, for new legal
approaches (notably on the international realm) promoting animal
welfare worldwide, and would even allow for a paradigm change in form
of removing animals from the category of property and granting them
dignity or a fundamental right to be free from torture.},
journal = {ZEuS Zeitschrift für Europarechtliche Studien},
pages = {173--196},
author = {Peters, Anne},
volume = {22},
number = {2}
}