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What Can Animal Law Learn from Environmental Law? by Randall Abate Pdf
This edited volume by Professor Randall S. Abate of Florida A&M University College of Law presents a collection of 17 chapters in an attempt to fill the gap - as illustrated above - between the complex legal issues that matter most to environmental law and animal law movements. Environmental law has a longer history and is more established than its animal law counterpart with intricate layers of international, federal, state, and local laws. Animal law currently faces many of the legal and strategic challenges that environmental law faced in seeking to establish a more secure foothold in U.S. and international law and, as such, stands to gain valuable insights from the lessons of the environmental law movement¿s experience in confronting those challenges. These chapters compare the very different trajectories of the regulatory history of both movements, examining the legal intersections that may exist across them. Prof. Abate draws on the talents of 22 experts in their fields from academia, non-profits, and the legal profession to examine the ways in which animal rights and welfare law can benefit from environmental law. The chapters address various contexts and perspectives from U.S. law, foreign domestic law, and international law on substantive issues including climate change, international trade and the environment, concentrated animal feeding operations, invasive species, lead pollution, and fisheries management, and procedural issues including standing and damages. The book concludes with two chapters that offer a vision for the future regarding how animal law can learn from environmental law and how the two movements can better coordinate their common objectives.
In Animals as Legal Beings, Maneesha Deckha critically examines how Canadian law and, by extension, other legal orders around the world, participate in the social construction of the human-animal divide and the abject rendering of animals as property. Through a rigorous but cogent analysis, Deckha calls for replacing the exploitative property classification for animals with a new transformative legal status or subjectivity called "beingness." In developing a new legal subjectivity for animals, one oriented toward respecting animals for who they are rather than their proximity to idealized versions of humanness, Animals as Legal Beings seeks to bring critical animal theorizations and animal law closer together. Throughout, Deckha draws upon the feminist animal care tradition, as well as feminist theories of embodiment and relationality, postcolonial theory, and critical animal studies. Her argument is critical of the liberal legal view of animals and directed at a legal subjectivity for animals attentive to their embodied vulnerability, and desirous of an animal-friendly cultural shift in the core foundations of anthropocentric legal systems. Theoretically informed yet accessibly presented, Animals as Legal Beings makes a significant contribution to an array of interdisciplinary debates and is an innovative and astute argument for a meaningful more-than-human turn in law and policy.
This open access book contains 13 contributions on global animal law, preceded by an introduction which explains key concepts and methods. Global Animal Law refers to the sum of legal rules and principles (both state-made and non-state-made) governing the interaction between humans and other animals, on a domestic, local, regional, and international level. Global animal law is the response to the mismatch between almost exclusively national animal-related legislation on the one hand, and the global dimension of the animal issue on the other hand. The chapters lay some historical foundations in the ius naturae et gentium, examine various aspects of how national and international law traditionally deals with animals as commodity; and finally suggest new legal concepts and protective strategies. The book shows numerous entry points for animal issues in international law and at the same time shifts the focus and scope of inquiry.
Animal Rights by Cass R. Sunstein,Martha C. Nussbaum Pdf
Cass Sunstein and Martha Nussbaum bring together an all-star cast of contributors to explore the legal and political issues that underlie the campaign for animal rights and the opposition to it. Addressing ethical questions about ownership, protection against unjustified suffering, and the ability of animals to make their own choices free from human control, the authors offer numerous different perspectives on animal rights and animal welfare. They show that whatever one's ultimate conclusions, the relationship between human beings and nonhuman animals is being fundamentally rethought. This book offers a state-of-the-art treatment of that rethinking.
This unique book establishes potential future avenues within the law to enhance the welfare of animals and grant them recognised legal status. Charting the direction of the animal-human relationship for future generations, it explores the core concepts of property law to demonstrate how change is possible for domestic animals. As an ethical context for future developments the concept of a ‘right of place’ is proposed and developed.
A Worldview of Animal Law by Bruce A. Wagman,Matthew Liebman Pdf
This is the first book of its kind -- an exciting and illustrative survey of the way different countries and cultures treat animals under the law. Given the breadth and scope of the legal treatment of animals around the world, the book presents selected issues and laws in a text that is readable and helpful to a wide range of readers, including students in undergraduate and post-graduate courses in sociology, cultural anthropology, international law, animal law, and animals in society. The book is also accessible to readers not matriculating through formal coursework, and provides any reader with a solid understanding of the varied approaches taken by countries around the world in connection with animals used in a number of areas. A Worldview of Animal Law is split into subject areas tied to the different ways we interact with animals in society, with a focus on comparing the laws in different countries in the current era. Its format and wide coverage make it interesting for readers in any country who want to know about this area of the law, whether for personal, educational or professional reasons. Unlike many casebooks on the market, this is not a law school text, and not a comprehensive survey of one specific country's laws; rather, it provides a more readable and wider view of the compelling issues that arise regarding the integration of animals into society. "A Worldview of Animal Law is a powerhouse of information for Animal Law professors and students as well as the curious citizen of the world. I highly recommend A Worldview of Animal Law to anyone interested in the state of Animal Law as it currently stands within the diverse countries which make up our planet." Jennifer A. Dietz, Adjunct Professor, Stetson University College of Law "[I]t is clear that seen globally animal law is a living organism. In their well-researched and highly readable study, Wagman and Liebman offer hope that by recognizing and treating causes rather than just bandaging symptoms we can help move that body along its journey toward health." John Thompson, ASI Diary
Animals and the Law examines the unique role that animals play as living property in a legal system conceived by and for human beings. On the one hand, animals are things that we buy, eat, and use in experiments. On the other, they are beloved family companions. The book traces the history of laws dealing with animals, from the animal trials which began in the thirteenth century in Europe, through the development of anti-cruelty laws, to the present struggle to cope with the conflicting implications of biotechnology and other industrial uses for animals, and, indeed, artificially created living things.
Global Animal Law Research by Alex Xiaomeng Zhang,Katherine Siler Pdf
"Across the globe, legal protection of animal rights continues to be a significant problem, and the level of protection varies dramatically among countries. Yet, no treatise has compiled resources and strategies on how to research these critical topics at both a domestic and international level. The purpose of this book is to fill the gap. Featuring 12 research experts specializing in U.S., foreign, international, and comparative law research, Global Animal Law Research collects these experts' perspectives, knowledge, and experiences researching various animal rights and welfare topics. The chapters in this book identify, discuss, and analyze research resources, strategies, and current and emerging legal frameworks on animal rights and welfare in the laws of more than 15 countries across five continents. In addition, this book touches on a diverse set of research methods in both common law and civil law legal systems, including regulatory research, legislative research, statutory research, case law research, international agreement research, and comparative law research. Each chapter focuses on an a singular, important, and well-defined legal topic, identifying unique problems within that topic and exploring practical yet effective approaches to address these problems. With its detailed exploration of the otherwise unexplored process of researching animal law, this book will benefit a global audience of faculty and students in law schools with active animal law programs; animal law practitioners; animal law policy groups and advocates; and international animal law interest groups and organizations"--
International Issues in Animal Law by Peter L. Fitzgerald Pdf
Addressing the interests of non-human animals in an era of globalization requires consideration of a wide range of international influences upon domestic case law, policy, and legal doctrine. International agreements and decisions affect much more than simple cross-border transactions in animals or animal-related products and can also impact what individual countries may or may not do internally to address animal cruelty, health, consumer protection interests, cultural preservation, conservation, species preservation, and a host of other issues in their national laws and regulations. For the first time, materials from a variety of sources are brought together in a single volume which permits instructors and students to focus directly on the complex interaction which occurs between domestic animal law and various international regimes. Key multilateral environmental agreements, such as the Convention on Biological Diversity, the Convention on Trade in Endangered Species, and the International Convention on the Regulation of Whaling, are all considered. The General Agreement on Tariffs and Trade, and the WTO's Sanitary and Phytosanitary Measures Agreement, and its Technical Barriers to Trade Agreement are also examined to illustrate that international economic law is no less significant in shaping domestic animal measures than are the more well-known environmental agreements. Additionally, efforts to advance animal interests through regional law, nonbinding international standards, or grass-roots efforts such the proposed Universal Declaration on Animal Welfare are also explored. Accordingly, International Issues in Animal Law can serve either as the basis for a stand-alone course, or as a supplement for those who wish to add more of an international emphasis to other course offerings. A comprehensive Teacher's Manual is available for instructors, with numerous cross-references and links to additional resources which makes teaching these materials easy--and fun--even for those with no prior background in the field. "Fitzgerald's book provides a much-needed text that bridges the gap among animal, environmental, and international law texts focusing on the unique issues and challenges raised at the intersection of these three areas of study and practice. [...] While the book primarily is designed as a text for classroom use complete with an incredibly helpful Teacher's Manual providing extensive information and additional resources to supplement the readings in the text, it is also suitable for the advocate looking to become more acquainted with international animal law issues. [...] In this book, Fitzgerald admirably meets his stated goal of facilitating more effective animal advocacy domestically and internationally." -- Joan Schaffner, Journal of Animal Ethics
Canadian Perspectives on Animals and the Law by Vaughan Black,Peter J. Sankoff,Katie Sykes Pdf
This book provides an important contribution to the debate on the legal status and treatment of animals in Canada. It adresses a range of doctrinal and conceptual questions, situating legal analysis in the broader context of ethical and philosophical debate about justice in human-animal relationships.
Global Animal Law from the Margins by Iyan Offor Pdf
This book critically engages the emerging field of global animal law from the perspective of an intersectional ethical framework. Reconceptualising global animal law, this book argues that global animal law overrepresents views from the west as it does not sufficiently engage views from the Global South, as well as from Indigenous and other marginalised communities. Tracing this imbalance to the early development of animal law’s reaction to issues of international trade, the book elicits the anthropocentrism and colonialism that underpin this bias. In response, the book outlines a new, intersectional, second wave of animal ethics. Incorporating marginalised viewpoints, it elevates the field beyond the dominant concern with animal welfare and rights. And, drawing on aspects of decolonial thought, earth jurisprudence, intersectionality theory and posthumanism, it offers a fundamental rethinking of the very basis of global animal law. The book's critical, yet practical, new approach to global animal law will appeal to animal law and environmental law experts, legal theorists, and those working in the areas of animal studies and ecology.
Litigating Animal Law Disputes by Joan Schaffner Pdf
This is a fast-growing field of law, and today more and more lawyers are finding they have cases that deal with animal law. This one-stop resource contains every major aspect of private civil and criminal litigation of animal law disputes. The book also contains sample litigation documents, discovery materials, expert information and more. It's the one resource every lawyer who engages in animal law needs.
Australian Animal Law: Context and Critique provides comprehensive information about the legal and regulatory framework governing the interaction between humans and animals. By relating specific content areas to the discipline’s broader characteristics and themes, researcher Elizabeth Ellis exposes the systemic nature of current problems and the consequent need for significant change. This book also illustrates the role of official animal protection narratives in legitimising the existing system despite the many factual flaws they contain. Ellis covers the major areas of animal law in detail, incorporating accessible contextual material and allowing readers to consolidate their understanding and build upon their knowledge. Key areas include the concept of unnecessary animal suffering, the effective exemption of most animals from the operation of cruelty laws, regulatory conflicts of interest, the hidden nature of animal use and the lack of transparency in animal law. Australian Animal Law is an essential resource, inviting reflection on the way the law helps to construct the relationship between human and non-human animals, including through its silences and omissions.
Author : Thomas G. Kelch Publisher : Kluwer Law International B.V. Page : 696 pages File Size : 51,7 Mb Release : 2017-05-01 Category : Law ISBN : 9789041158765
Globalization and Animal Law by Thomas G. Kelch Pdf
The rise of the globalized economy has rendered an even more profound change in the relationship between humans and other animals than the ancient progression from huntergatherer to agricultural society. In today’s global markets, multinational corporations exploit the economic value of animals throughout the world on an unprecedented scale. The philosophical and legal notions that animals are mere unfeeling machines or pieces of property, although more or less taken for granted for centuries, has been challenged, if not burst asunder, in recent decades (in law, moral philosophy, and cognitive and other sciences), and regulation of the treatment of animals in agriculture, experimentation, entertainment and other areas has begun to make substantial inroads in national and international law. This book provides a detailed analysis of international and comparative animal law focusing on the impact of today’s globalized economy on animal law. Describing a wide range of domestic and international laws relating to the treatment of animals, the author explicates the sorts of legal rules which affect the global animal marketplace. Representative norms in existing animal protection laws are analyzed and critiqued, illustrating the diverse approaches taken by different countries and by the international community in regulating uses of animals. Among the issues covered are the following: - contemporary philosophical thought on the relationship between humans and animals; - recent scientific research relating to cognitive and other abilities of animals; - legal issues relating to factory farming and animal slaughter; - legal protection of animals during transport; - regulatory schemes on animal experimentation; - laws on the use of animals in entertainment; - laws on protection of companion animals; - regulation of trade in endangered species; - international trade issues relating to animals, including consideration of the provisions of GATT and the seminal WTO/GATT decisions in the Tuna/Dolphin, Shrimp/Turtle, Tuna Labeling and EU/Seal Products cases; - constitutional protection for the interests of animals; - intellectual property law issues relating to animals; - efforts to have the legal “personhood” of certain animals judicially recognized; and - what the future may hold for animal law in the global economy. To ensure the consideration of a full range of legal approaches, the laws analyzed come from a wide variety of countries and jurisdictions, including Australia, Austria, Brazil, Canada, the EU, Germany, India, Ireland, New Zealand, Switzerland, the UK, and state and federal laws of the US. Numerous international treaties and conventions relevant to animal treatment and animal law are also covered, including the Berne Convention for the Protection of Literary and Artistic Works, the CITES Convention, the European Convention for the Protection of Animals Kept for Farming Purposes, the European Patent Convention, the GATT Treaty, the TRIPS Agreement and the Universal Copyright Convention. It is not difficult to grasp, given the continuing increases in production, consumption and use of animals and animal products worldwide, that legal initiatives in this often emotional and acrimonious area of law are frequently contentious and hard fought. But this is really just the dawn of animal law, which has only recently become recognized as an important cutting-edge topic, and this area of the law promises to develop rapidly in the future. This book is enormously valuable in contributing to the continuing development and understanding of this law, clearly laying out the contours and boundaries of existing animal laws in our global economy, and allowing legal educators, concerned lawyers and policymakers to teach, formulate proposals, argue cases and defenses, and secure a firm purchase on future trends and developments in animal law.