Departmental Bulletin Paper 動物実験に関するEU法の展開 : 化粧品のための動物実験を中心に
The Development of EU Law Relating to Animal Testing, Focusing on Testing for Cosmetics

本庄, 萌

16 ( 3 )  , pp.319 - 362 , 2017-11-10 , 一橋大学大学院法学研究科
Recent global developments in animal welfare law have been remarkable. Animal welfare is the protection of the health and well-being of animals and attempts to prevent unnecessary animal suffering. The EU has played a crucial role in these developments. Since the EU banned animal testing for cosmetics in 2013, similar bans have been introduced or proposed around the world. Meanwhile, Japan is hesitating to take a step forward toward regulating animal experiments. This paper argues that one of the reasons unfruitful discussions continue at official meetings in Japan is that there is an over-emphasis on the notion that EU animal testing regulations are too radical. As a result of this image, researchers may have a strong aversion towards legal restrictions on animal testing. In order to analyze the credibility of this received image, this paper begins with the assumption that the EU is proceeding realistically and slowly rather than radically. This paper evaluates the EU ban on animal testing for cosmetics in terms of five elements, namely, legal principles, written law, case law, applications, and influences on regions outside the EU. In doing so, it aims to provide theoretical materials and ideas to support constructive debate regarding animal testing in Japan.

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