In an increasingly interconnected world, issues concerning human rights, environmental protection, and global security are often addressed through international treaties and agreements. However, one area that remains under-regulated on a global scale is animal welfare.[1] While individual nations and some regional governing bodies have developed strong frameworks to ensure the humane treatment of animals, there is currently no universal treaty obligating countries to adhere to specific standards of animal welfare.[2] Given the ethical, environmental, and health implications of animal mistreatment, international governing bodies like the United Nations (“UN”) should adopt treaties to establish and enforce global expectations animal welfare.
Currently, there are no binding international treaties that universally govern animal welfare.[3] While some international agreements tangentially address issues such as wildlife conservation or endangered species, there is no single treaty that sets a global baseline for the ethical treatment of animals in agriculture, science, entertainment, or domestic life.[4] This lack of regulation has led to varying standards of care and treatment of species across various countries.[5] Some nations enforce strict rules on factory farming, animal testing, and pet ownership, such as the European Union (“EU”); others have minimal or nonexistent laws, such as Iran, Belarus, and Vietnam, with very limited or no legislation.[6]
Efforts to fill this gap have emerged in governing bodies like the UN. One significant proposal is the United Nations Convention on Animal Health and Protection (“UNCAHP”), which aims to establish a global treaty under the UN framework that promotes comprehensive animal welfare standards.[7] The proposed convention emphasizes that animals are sentient beings capable of experiencing pain and suffering and, therefore, deserve legal protections that reflect their moral and biological status.[8] It calls for the establishment of international benchmarks in areas such as humane farming, scientific research, and companion animal care.[9] According to the UNCAHP website, the convention aims to “create a globally coordinated legal foundation for the protection of animal health and welfare” by promoting best practices, encouraging member states to adopt progressive animal welfare policies, and ensuring accountability.[10] The initiative was proposed in 2018, with a goal of being adopted by the UN General Assembly by the year 2029.[11]
Despite the nonexistence of a governing global treaty, certain regions have made notable progress in formalizing animal welfare protections. The EU has taken several steps towards animal welfare in recent years.[12] One of the most important developments in EU animal welfare policy is the Protocol on the Protection and Welfare of Animals, appended to the Treaty of Amsterdam in 1997.[13] This protocol “recognizes animals as sentient beings” and mandates that EU member states pay full regard to animal welfare in areas such as agriculture, transport, and scientific research.[14]
Similarly, the EU has enacted several directives that translate these principles into practical policy.[15] A key example is Directive 2010/63/EU on the protection of animals used for scientific purposes.[16] This directive sets rigorous standards for the treatment of animals in research, emphasizing the principles of replacement, reduction, and refinement.[17] These principles focus on finding replacements that avoid the use of animals in testing procedures, reducing the amount of animals used in research with more efficient methods, and refining practices to eliminate suffering, distress or lasting harm to animals.[18] It requires research or corporate institutions to seek alternatives to animal testing wherever possible and mandates strict licensing procedures and regular welfare inspections.[19]
Given the success of regional initiatives like those of the EU, it is both feasible and necessary for the UN to adopt a similar approach on a global scale. The UN has previously taken steps to address issues ranging from climate change to human trafficking through binding international agreements.[20] A global treaty would not only elevate the moral status of animals but would also support broader objectives such as environmental sustainability and global public health.[21] The benefits of such a treaty would be multifaceted. First, it would create a uniform set of animal welfare standards that member states could adapt and enforce domestically.[22] Second, it would provide a platform for international collaboration, enabling countries to share knowledge, expertise, and resources.[23] Third, a global treaty would enhance the credibility and legitimacy of animal welfare efforts worldwide, particularly in regions where such concerns are often marginalized.[24]
Of course, implementing such a treaty would present challenges. Cultural differences, economic disparities, and competing political interests could hinder consensus.[25] However, these obstacles are not insurmountable. A phased or tiered approach, where countries commit to incremental benchmarks, could allow flexibility while still moving the global community toward higher welfare standards.[26] Just as the Paris Agreement accommodates different levels of national commitment to combat climate change, for example, a UN animal welfare treaty could be designed with scalable obligations that recognize each country’s capacity to enact reform.[27]
In conclusion, the global community has a moral and practical imperative to address animal welfare through international law. While some regions, particularly the EU, have taken meaningful steps in this direction, the absence of a global treaty leaves animals vulnerable to inhumane treatment.[28] The UN should draw on successful regional models, and proposed framework such as the UNCAHP, to develop a binding international agreement that promotes the humane treatment of animals and ensures a consistent, ethical approach across nations. The development of a binding international agreement can help build a more compassionate, sustainable, and just world.
[1] United Nations Convention on Animal Health and Protection, UNCAHP: The Proposal for a UN Convention on Animal Health and Protection, https://www.uncahp.org/.
[2] Consolidated Version of the Treaty on European Union, Protocol (No. 33) on the Protection and Welfare of Animals, Oct. 2, 1997, 1997 O.J. (C 340) 110, https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:11997D/PRO/10.
[3] Rainer Ebert, Will Kymlicka & Thomas G. Kelch, Toward an International Animal Welfare Regime: Political and Normative Dimensions, 59 INT’L REL. 1 (2023), https://journals.sagepub.com/doi/10.1177/00471178231193299.
[4] Id.
[5] Id.
[6] Id.; World Animal Prot., Animal Protection Index, https://api.worldanimalprotection.org.
[7] Supra note 1.
[8] Id.
[9] Id.
[10] Id.
[11] Id.
[12] Supra note 2.
[13] Id.
[14] Id.
[15] Council Directive 2010/63, 2010 O.J. (L 276) 33 (EU).
[16] Id.
[17] Id.
[18] Id.
[19] Id.
[20] Supra note 3.
[21] Id.
[22] David Favre, An International Treaty for Animal Welfare, 18 Animal L. Rev. 237 (2012), https://lawcommons.lclark.edu/alr/vol18/iss2/5/.
[23] Id.
[24] Id.
[25] Supra note 3.
[26] Leo Hickman et al., Explainer: Why ‘Differentiation’ Is Key to Unlocking Paris Climate Deal, CarbonBrief (Dec. 4, 2015) https://www.carbonbrief.org/explainer-why-differentiation-is-key-to-unlocking-paris-climate-deal/.
[27] Id.
[28] Supra note 2.
