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Global Animal Law from the Margins

Global Animal Law from the Margins PDF Author: Iyan Offor
Publisher: Taylor & Francis
ISBN: 1000919269
Category : Law
Languages : en
Pages : 264

Book Description
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.

Global Animal Law from the Margins

Global Animal Law from the Margins PDF Author: Iyan Offor
Publisher: Taylor & Francis
ISBN: 1000919269
Category : Law
Languages : en
Pages : 264

Book Description
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

Studies in Global Animal Law PDF Author: Anne Peters
Publisher:
ISBN: 9781013277054
Category : Law
Languages : en
Pages : 180

Book Description
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.

Studies in Global Animal Law

Studies in Global Animal Law PDF Author: Anne Peters
Publisher: Springer Nature
ISBN: 3662607565
Category : Animal welfare
Languages : en
Pages : 180

Book Description
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 Law and Welfare - International Perspectives

Animal Law and Welfare - International Perspectives PDF Author: Deborah Cao
Publisher: Springer
ISBN: 331926818X
Category : Law
Languages : en
Pages : 283

Book Description
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.

Animals in International Law

Animals in International Law PDF Author: Anne Peters
Publisher: BRILL
ISBN: 9004466258
Category : Law
Languages : en
Pages : 656

Book Description
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.

Globalization and Animal Law

Globalization and Animal Law PDF Author: Thomas G. Kelch
Publisher: Kluwer Law International B.V.
ISBN: 9041158766
Category : Law
Languages : en
Pages : 696

Book Description
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.

One Rights: Human and Animal Rights in the Anthropocene

One Rights: Human and Animal Rights in the Anthropocene PDF Author: Saskia Stucki
Publisher: Springer Nature
ISBN: 303119201X
Category : Law
Languages : en
Pages : 112

Book Description
This is an open access book.Animals are the traditional blind spot in human rights theory. This book brings together the seemingly disparate discourses of human and animal rights, and looks at emerging animal rights as new human rights. It approaches the question whether animals can and should have human rights through a comprehensive review of contemporary human rights philosophy, discussing both naturalistic and political justifications of human and animal rights. On philosophical as well as practical grounds, this book argues that there are compelling conceptual, principled, and prudential reasons for modernizing the human rights paradigm and integrating animals into its protective mandate. Moreover, this book proposes the novel One Rights approach as a new (post-)human rights paradigm for the Anthropocene. One Rights advances a holistic understanding of the indivisibility and interdependence of human and animal rights. This book explores how the systematic subjugation, exploitation, and extermination of animals simultaneously contributes to some of the gravest social and environmental threats to human rights, such as animalistic dehumanization and climate change. This book submits that, in light of their socio-political and ecological interconnectedness, human and animal rights are best protected in concert. The themes of this book are part of a larger conversation about postanthropocentric legal paradigms emerging in the Anthropocene. For human rights to survive in this era of anthropogenic crises, we need to abandon the toxic ideology of human exceptionalism and embrace a more inclusive version of (post-)human rights that tends to the nonhuman. This book intends to show that a holistic One Rights approach promises to achieve better rights-protective outcomes for humans, animals, and their shared planetary home.

Global Animal Law Research

Global Animal Law Research PDF Author: Alex Xiaomeng Zhang
Publisher: Carolina Academic Press LLC
ISBN: 9781531016937
Category : Animal welfare
Languages : en
Pages :

Book Description
"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"--

Protecting Animals Within and Across Borders

Protecting Animals Within and Across Borders PDF Author: Charlotte E. Blattner
Publisher: Oxford University Press
ISBN: 0190948310
Category : Law
Languages : en
Pages : 521

Book Description
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.

Protecting Animals Within and Across Borders

Protecting Animals Within and Across Borders PDF Author: Charlotte E. Blattner
Publisher: Oxford University Press
ISBN: 0190948337
Category : Law
Languages : en
Pages : 400

Book Description
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.