Akademik Veri Yönetim Sistemi
International Trade Law and Regulation, cilt.29, sa.4, ss.196-210, 2023 (Scopus)
Today, all types of livestock are exported highly by sea globally, ranging from horses for racing to sheep, goats, cows, rare species legitimately for zoos, and animals to be used in alternative medicine. The carriage of livestock by sea is a crucial aspect of the global food supply chain, but it presents a significant challenge owing to the unique and sensitive nature of the cargo. Live animals suffer critically from inappropriate temperatures, restricted mobility due to high stocking densities, disruptive noise, high-stress levels, inadequate ventilation, limited access to food and water, irregular veterinary oversight, and the absence of a trained crew during challenging and lengthy journeys. Since there is a strong link between animal welfare, human health, and a sustainable environment, many legal, moral and logistical issues have arisen regarding the carriage of livestock. However, current regulations and legislation are insufficient to harmonise worldwide transportation with the application of universal standards. The majority of domestic laws and international conventions still tend to treat livestock as goods that have a financial value rather than sentient beings deserving of recognition and protection. Therefore, today, the relevant provisions of the international conventions on the carriage of goods by sea are applied to the carriage of livestock. In light of the foregoing, the initial legal consideration revolves around assessing the extent to which relevant provisions of the international conventions regarding the carriage of goods by sea are sufficient and appropriate for application to the carriage of livestock. In this respect, the argument of the article is that the carriage of livestock by sea should not be included in the broader scope of international carriage of goods, and these transports should be regulated separately and more strictly by considering the sensitive nature of live animals. At this point, a large-scale international effort focusing exclusively on the carriage of livestock by sea with a well-structured framework includes detailed journey plans, uniform standards and procedures, compulsory utilisation of appropriate or purpose-built vessels, implementation of an official control system on livestock carrier vessels at both the port of departure and destination, continuous veterinary oversight throughout the entire process, and the deployment of a trained crew who are aware of the risks and requirements inherent in the carriage of livestock are essential. This article first provides the research question and argument, then introduces the carriage of livestock in general and the important elements related to the carriage of livestock by the sea. Afterward, the current international conventions, the rules and guiding principles of international organisations, and the laws and regulations of some selected countries that apply to the carriage of livestock by sea will be examined. Upon an examination of the current legal framework on this subject, it will be concluded that international legal action is an urgent need to protect animal welfare, guarantee human health, ensure the sustainability of the environment, and promote safe and efficient transportation practices. The argument is justified and supported by the theoretical framework that the legal dimension of carriage of livestock by sea cannot be divorced from animal welfare considerations, as, unfortunately, it is currently still the case in the carriage by sea context.