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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.
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"--
Animal Law and Welfare - International Perspectives by Deborah Cao,Steven White Pdf
This book focuses on animal laws and animal welfare in major jurisdictions in the world, including the more developed legal regimes for animal protection of the US, UK, Australia, the EU and Israel, and the regulatory regimes still developing in China, South Africa, and Brazil. It offers in-depth analyses and discussions of topical and important issues in animal laws and animal welfare, and provides a comprehensive and comparative snapshot of some of the most important countries in the world in terms of animal population and worsening animal cruelty. Among the issues discussed are international law topics that relate to animals, including the latest WTO ruling on seal products and the EU ban, the Blackfish story and US law for cetaceans, the wildlife trafficking and crimes related to Africa and China, and historical and current animal protection laws in the UK and Australia. Bringing together the disciplines of animal law and animal welfare science as well as ethics and criminology with contributions from some of the most prominent animal welfare scientists and animal law scholars in the world, the book considers the strengths and failings of existing animal protection law in different parts of the world. In doing so it draws more attention to animal protection as a moral and legal imperative and to crimes against animals as a serious crime.
Chapter I. Animals : a topic for international law --Chapter II. An overview of international rules on animals --Chapter III. The International Convention for the Regulation of Whaling : dead or alive? --Chapter IV. Farm animals in the law of the European Union --Chapter V. Animals in international trade law --Chapter VI. Animals in the law of armed conflict --Chapter VII. Towards international animal rights --Chapter VIII. Towards a global animal protection law.
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. This work was published by Saint Philip Street Press pursuant to a Creative Commons license permitting commercial use. All rights not granted by the work's license are retained by the author or authors.
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.
Animal Welfare and International Trade Law by Katie Sykes Pdf
This thought-provoking book examines the rise of animal welfare as a serious policy concern in the international trade law regime. The central focus is an in-depth study of the background and legal analysis of the landmark EC – Seal Products case, which confirmed the importance of animal welfare in WTO law. The book explores how the WTO handled the relationship between trade disciplines and animal welfare, including the particularly challenging questions around Indigenous seal hunting rights. It offers a detailed account of animal welfare and animal conservation commitments in new trade agreements, as well as mechanisms for enforcement, cooperation, and citizen participation.
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.
National Research Council,Institute of Medicine,Division on Earth and Life Studies,Institute for Laboratory Animal Research,Policy and Global Affairs,Committee on Science, Technology, and Law,Board on Health Sciences Policy,Forum on Neuroscience and Nervous System Disorders
Author : National Research Council,Institute of Medicine,Division on Earth and Life Studies,Institute for Laboratory Animal Research,Policy and Global Affairs,Committee on Science, Technology, and Law,Board on Health Sciences Policy,Forum on Neuroscience and Nervous System Disorders Publisher : National Academies Press Page : 102 pages File Size : 50,6 Mb Release : 2012-06-26 Category : Science ISBN : 9780309252119
International Animal Research Regulations by National Research Council,Institute of Medicine,Division on Earth and Life Studies,Institute for Laboratory Animal Research,Policy and Global Affairs,Committee on Science, Technology, and Law,Board on Health Sciences Policy,Forum on Neuroscience and Nervous System Disorders Pdf
Animals are widely used in neuroscience research to explore biological mechanisms of nervous system function, to identify the genetic basis of disease states, and to provide models of human disorders and diseases for the development of new treatments. To ensure the humane care and use of animals, numerous laws, policies, and regulations are in place governing the use of animals in research, and certain animal regulations have implications specific to neuroscience research. To consider animal research regulations from a global perspective, the IOM Forum on Neuroscience and Nervous System Disorders, in collaboration with the National Research Council and the Institute for Laboratory Animal Research, held a workshop in Buckinghamshire, UK, July 26-27, 2011. The workshop brought together neuroscientists, legal scholars, administrators, and other key stakeholders to discuss current and emerging trends in animal regulations as they apply to the neurosciences. This document summarizes the workshop.
Author : Thomas G. Kelch Publisher : Kluwer Law International B.V. Page : 696 pages File Size : 51,5 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.
Animals, Welfare and the Law by Ian A. Robertson Pdf
In this objective, practical and authoritative introductory text the author reveals how the fundamental principles of the human-animal relationship drive the development of animal law. The book explains the criteria by which the lawful use of animals is determined, and how these criteria impact evolving standards of animal protection and define the responsibilities of people in their interactions with animals. The author identifies 29 key principles which constitute the core knowledge necessary for people involved in debating, assessing, and guiding the evolution of society’s national and international rulebook of animal welfare law. The book also considers animal welfare and law in the context of a global market through discussion of common issues such as climate change, biosecurity, food safety and food supply. Based on successful law courses run by the author and his own expertise as an animal law lecturer, prosecutor and specialist legal adviser, the book combines insights from science, ethics and law to provide an essential understanding of what informs society and the law with regards to animals and their welfare.
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.
The Global Guide to Animal Protection by Andrew Linzey Pdf
Raising awareness of human indifference and cruelty toward animals, The Global Guide to Animal Protection includes more than 180 introductory articles that survey the extent of worldwide human exploitation of animals from a variety of perspectives. In addition to entries on often disturbing examples of human cruelty toward animals, the book provides inspiring accounts of attempts by courageous individuals--including Jane Goodall, Shirley McGreal, Birute Mary Galdikas, Richard D. Ryder, and Roger Fouts--to challenge and change exploitative practices. As concern for animals and their welfare grows, this volume will be an indispensable aid to general readers, activists, scholars, and students interested in developing a keener awareness of cruelty to animals and considering avenues for reform. Also included is a special foreword by Archbishop Desmond Tutu, urging readers to seek justice and protection for all creatures, humans and animals alike.
International Farm Animal, Wildlife and Food Safety Law by Gabriela Steier,Kiran K. Patel Pdf
This volume is an inspiring and breakthrough piece of academic scholarship and the first of its kind featuring a comprehensive reader-friendly approach to teach the intricacies of the various aspects of international farm animal, wildlife conservation, food safety and environmental protection law. The selected focus areas are grouped in sections, such as agrobiodiversity, fishing and aquaculture, pollinators and pesticides, soil management, industrial animal production and transportation, and international food trade. Farm animal welfare, environmental protection, biodiversity conservation, and food safety are the core of the selected chapters. Every chapter provides real-world examples to make the complex field easy to understand. With its systematic approach, this book is devoted to anyone interested in the subject, becomes a valuable resource for professionals working in food regulation, and provides a solid foundation for courses and master’s programs in animal law, environmental policy, food and agriculture law, and regulation of these subjects around the world. Through its emphasis on sustainable food production, this work offers a cutting-edge selection of evolving topics at the heart of the pertinent discourse. As one of its highlights, this books also provides “Tools for Change,” a unique compilation and analysis of laws from the major farm animal product trading nations. With these tools, practitioners, advocates, policy makers and other state-holders are equipped with information to start work toward improving farm animal welfare, wildlife conservation, and food safety through the use of law and policy.
Model Animal Welfare Act by Janice Cox,Sabine Lennkh Pdf
This Model Animal Welfare Act has been designed to serve as a basic template and guidance document for those interested in enacting new legislation or improving existing animal protection legislation. It has been drafted using an extensive comparative law exercise, taking into account 'best practice' in the field. Thus it is aspirational in nature; seeking to provide the best possible structures, systems and provisions to protect the welfare of animals. This may mean that countries which are just starting to establish animal welfare requirements might decide to introduce its provisions progressively. In such cases, a strategic approach (step-wise and prioritised) is recommended. This could also be considered in cases where countries already have structures, systems and provisions that have been introduced gradually over time, but remain less than optimal. The important principle is that each country works progressively towards the best possible protection for the welfare of its animal population, and indeed - as elaborated in the Three Rs approach - the eventual reduction and replacement of any uses of animals which compromise their welfare.The purpose of this Model Animal Welfare Act is to function as an 'umbrella' or 'framework' law. It represents an international unification and harmonisation of animal protection and welfare legislation, which can be adapted or modified - if the circumstances require - in Common Law as well as Civil Law systems. Elements of both legal orders have been considered and incorporated to achieve (as far as possible for the present day) a comprehensive, far-reaching and progressive approach to animal welfare legislation which takes account of the desired expedience when it comes to prevention of animal cruelty and abuse, establishing responsibility and the principle of care towards the animal, promoting the education and sensitisation of the population, as well as offering effective solutions for efficient law enforcement. This Model Act was created in order to govern people's behaviour, while other civil or religious legal systems may take a very different form (for example, be limited to 'codes' or 'edicts'). Nonetheless, elements of this Act can also be used for inspiration in creating, amending or interpreting these.