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Globalization and Animal Law

Author : Thomas G. Kelch
Publisher : Kluwer Law International B.V.
Page : 696 pages
File Size : 50,81 MB
Release : 2017-05-01
Category : Law
ISBN : 9041158766

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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.

Protecting Animals Within and Across Borders

Author : Charlotte E. Blattner
Publisher : Oxford University Press
Page : 521 pages
File Size : 46,99 MB
Release : 2019
Category : Law
ISBN : 0190948310

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based on author's thesis (doctoral - Universitèat Basel, 2016) issued under title: The extraterritorial protection of animals: admissibility and possibilities of the application of national animal welfare standards to animals in foreign countries.

International Issues in Animal Law

Author : Peter L. Fitzgerald
Publisher :
Page : 0 pages
File Size : 17,31 MB
Release : 2012
Category : Animal welfare
ISBN : 9781594607707

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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

Protecting Animals Within and Across Borders

Author : Charlotte E. Blattner
Publisher : Oxford University Press
Page : 400 pages
File Size : 49,57 MB
Release : 2019-05-24
Category : Law
ISBN : 0190948337

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Extraterritorial jurisdiction stands at the juncture of international law and animal law and promises to open a path to understanding and resolving the global problems that challenge the core of animal law. As corporations have relocated and the animal industry (agriculture, medical research, entertainment, etc.) has dispersed its production facilities across the territories of multiple states, regulatory gaps and fears of a race to the bottom have become a pressing issue of global policy. This book provides enough background to allow readers to understand why extraterritorial jurisdiction must respond to these developments, counters objections that readers might raise, and describes how to improve animal law in tandem. The heart of the work is a fully-fledged catalogue of options for extraterritorial jurisdiction, which states can employ to strengthen their animal laws. The book offers top-down perspectives drawn from general international law and trade law, and complements them by a bottom-up up view from the perspective of animal law. The approach connects the law of jurisdiction to substantive law and opens up deeper questions about moral directionality, state and corporate duties owed animals, and the comparative advantages of constitutional, criminal, and administrative animal law. To ensure that extraterritorial animal law does not become complicit in oppressing ethnic and cultural minorities, the book offers critical interdisciplinary perspectives, informed by posthumanist and postcolonialist discourse. Readers will further learn when and how extraterritorial jurisdiction violates international law, and the consequences of exercising it illegally under international law. This work answers questions about how and why extraterritorial jurisdiction can overcome the steepest hurdles for animal law and help move us toward a just global interspecies community.

Global Animal Law from the Margins

Author : Iyan Offor
Publisher : Taylor & Francis
Page : 264 pages
File Size : 46,34 MB
Release : 2023-08-01
Category : Law
ISBN : 1000919269

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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.

Studies in Global Animal Law

Author : Anne Peters
Publisher : Springer Nature
Page : 180 pages
File Size : 38,70 MB
Release : 2020-01-01
Category : Animal welfare
ISBN : 3662607565

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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.

The Global Guide to Animal Protection

Author : Andrew Linzey
Publisher : University of Illinois Press
Page : 345 pages
File Size : 10,38 MB
Release : 2013-06-01
Category : Nature
ISBN : 0252094891

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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.

Animals, Ethics and Trade

Author : Joyce D'Silva
Publisher : Routledge
Page : 314 pages
File Size : 40,65 MB
Release : 2012-05-16
Category : Nature
ISBN : 1136571698

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Modern urban life cuts us off from direct connection with the animal world, yet daily the lives of millions of animals are affected by what we consume and wear and what we trade in. The use of animals for food, labour and pleasure pursuits has long been justified with the assumption that unlike humans, animals aren't fully sentient beings. In recent years, however, science has revealed an astonishing array of complex animal behaviour, and scientists and policy makers now accept that the animals we make use of are indeed conscious, with preferences and intentions. The implications for our culture of factory farming, fast food and rainforest liquidation are staggering. In this powerful book, internationally renowned experts on animal behaviour and agriculture such as Jane Goodall, Tim Lang and Vandana Shiva are brought together with ethicists, religious scholars, international industry and regulators for the first time to debate these critical issues and tackle the profound implications of animal sentience. The first sections discuss scientific and ethical perspectives on the consciousness, emotions and mental abilities of animals. Later sections address how human activities such as science, law, religion, farming, food production, trade, development and education respect or ignore animals' sentience and welfare, and review the options for changes in our policies, our practices and our thinking. The result is nothing less than a stark and necessary look into the heart of humanity and the ethics that govern our animal powered society.

Animals in Irish Society

Author : Corey Lee Wrenn
Publisher : State University of New York Press
Page : 323 pages
File Size : 30,96 MB
Release : 2021-07-01
Category : Social Science
ISBN : 1438484364

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Irish vegan studies are poised for increasing relevance as climate change threatens the legitimacy and longevity of animal agriculture and widespread health problems related to animal product consumption disrupt long held nutritional ideologies. Already a top producer of greenhouse gas emissions in the European Union, Ireland has committed to expanding animal agriculture despite impending crisis. The nexus of climate change, public health, and animal welfare present a challenge to the hegemony of the Irish state and neoliberal European governance. Efforts to resist animal rights and environmentalism highlight the struggle to sustain economic structures of inequality in a society caught between a colonialist past and a globalized future. Animals in Irish Society explores the vegan Irish epistemology, one that can be traced along its history of animism, agrarianism, ascendency, adaptation, and activism. From its zoomorphic pagan roots to its legacy of vegetarianism, Ireland has been more receptive to the interests of other animals than is currently acknowledged. More than a land of "meat" and potatoes, Ireland is a relevant, if overlooked, contributor to Western vegan thought.

Animals in International Law

Author : Anne Peters
Publisher : BRILL
Page : 656 pages
File Size : 39,54 MB
Release : 2021-05-25
Category : Law
ISBN : 9004466258

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The plight of animal individuals and species inflicted on them by human activity is a global problem with detrimental repercussions for all humans and for the entire planet. This book gives an overview of the most important international legal regimes that directly address and indirectly affect animals. It covers species conservation treaties, notably the international whaling regime, the farm animal protection rules of the EU, international trade law and the international law of armed conflict. It also analyses the potential for an international regime of animal rights. Finding that international law creates more harm than good for animals, the auther suggests progressive treaty interpretation, treaty making and animal interest representation to close the animal welfare gap in international law. A body of global animal law needs to be developed, accompanied by critical global animal studies.