Zuchtvieh-Export GmbH v. Stadt Kempten: The Tension Between Uniform, Cross-Border Regulation and Territorial Sovereignty

Citation data:

Vol: 40, Issue: 2, Page: 363

Publication Year:
2017
Usage 62
Downloads 41
Abstract Views 21
Repository URL:
https://lawdigitalcommons.bc.edu/iclr/vol40/iss2/8
Author(s):
Mahoney, David
Tags:
Animal Law; Comparative and Foreign Law; Courts; European Law; International Law; International Trade Law; Transnational Law
commentary description
In Zuchtvieh-Export GmbH v. Stadt Kempten, the European Court of Justice ruled that a European Council regulation that protects animal welfare during transport applies to the stages of a journey outside of the European Union (EU), if that journey commenced within the EU. This ruling by the European Court of Justice has been praised as it improves animal transport conditions outside of the EU. However, transport companies and governments outside of the EU are less welcoming of the ruling. The ruling highlights the difficulty in determining when and how such a regulation should be applied abroad. It also raises the broader question of striking a balance between efficient and uniform regulation across borders and maintaining territorial sovereignty. As a solution to the issues raised in Zuchtvieh-Export, this Comment suggests the use of bilateral international agreements, which would reduce conflict between nations by protecting territorial sovereignty.