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Currently there is no international agreement that ensures the welfare and protection of animals. Nor is there any international standard that regulates and defines the acceptable treatment of animals. This lack of international consensus leads to the current disparate treatment of animals around the world, echoing the need for an international framework addressing the issue. This Article discusses a proposed umbrella treaty, the International Convention for the Protection of Animals (ICPA). This umbrella treaty would enable animal welfare issues to gain international recognition and protection by setting the general guidelines and polices regarding the treatment and use of animals. This …

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2011 Legislative And Administrative Review, Patrick Graves, Keith Mosman, Shayna Rogers Jan 2012

2011 Legislative And Administrative Review, Patrick Graves, Keith Mosman, Shayna Rogers

Animal Law Review

It is my pleasure to introduce Animal Law’s fourteenth annual Legislative and Administrative Review. The 2011 Legislative and Administrative Review analyzes some of the year’s most groundbreaking developments in animal-related state and federal legislation, such as federal regulations of genetically engineered fish and attempts by state legislatures to overturn animal-related citizen initiatives.

Additionally, for the first time in Animal Law’s history, this year’s Review also includes an analysis of some of the most important animal-related administrative law developments of the year. Because many decisions impacting animals occur in the administrative arena, it is our hope that the administrative section complements …

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Empathy With Animals: A Litmus Test For Legal Personhood?, Dillard Carter Jan 2012

Empathy With Animals: A Litmus Test For Legal Personhood?, Dillard Carter

Animal Law Review

This is one of the fundamental questions that frame the study of animal law: To what extent should nonhuman animals be considered legal persons? Of course, this question presupposes that we share or can arrive at a common and stable conception of legal personhood. In fact, there are a variety of conceptions of legal personhood. This Introduction will explore one in particular and, in the process, question the extent to which simply being born Homo sapiens satisfies the potentially complex and demanding requirements of being a legal person. This argument will lead us to reframe animal law a bit and …

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A Short History Of (Mostly) Western Animal Law: Part I, Thomas G. Kelch Jan 2012

A Short History Of (Mostly) Western Animal Law: Part I, Thomas G. Kelch

Animal Law Review

This Article, presented in two parts, travels through animal law from ancient Babylonia to the present, analyzing examples of laws from the ancient, medieval, Renaissance and Enlightenment, recent modern, and modern historical periods. In performing this analysis, particular attention is focused on the primary motives and purposes behind these laws. What is discovered is that there has been a historical progression in the primary motives underlying animal laws in these different periods. While economic and religious motives dominate the ancient and medieval periods, in the Renaissance and Enlightenment we see social engineering—efforts to change human behavior—come to the fore. In …

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The Universal Declaration Of Animal Rights Or The Creation Of A New Equilibrium Between Species, Jean-Marc Neumann Jan 2012

The Universal Declaration Of Animal Rights Or The Creation Of A New Equilibrium Between Species, Jean-Marc Neumann

Animal Law Review

This Essay is a translation of the author’s original French text. It examines the Universal Declaration of Animal Rights of 1978, which lays out fundamental rights for animals in fourteen articles. This Essay explores the origins of and influences behind the original Declaration, as well as details the changes which were brought to it in a revised version in 1989. It then examines the scope of the Declaration and why it has not had the far-reaching implications its authors once hoped for. Finally, this Essay questions what the Declaration means for the future of animal rights and whether the document …

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Developing Professional Identity Through Reflective Practice, Suzanne Darrow Kleinhaus Jan 2012