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Articles 1 - 12 of 12
Full-Text Articles in Animal Law
International Whaling: Reframing The Iwc Moratorium For The Effective Conservation Of Whales, Kacey Hovden
International Whaling: Reframing The Iwc Moratorium For The Effective Conservation Of Whales, Kacey Hovden
Animal Law Review
The ocean once teemed with whales at seemingly every tide and crest, but due to centuries of overexploitation, whales are now a rare and coveted sight in many parts of the world. Today, the challenge of preventing these magnificent giants from extinction remains prevalent, with slow recovery rates and continued whaling practices in direct conflict. This Article examines the history of global whaling practices and the International Whaling Commission’s 1986 moratorium and argues for the establishment of an effective regulatory scheme permitting commercial whaling only on abundant whale stocks. The scheme would encourage whaling nations to remain members of the …
An Assessment Of Recent Trade Law Developments From An Animal Law Perspective: Trade Law As The Sheep In Wolf's Clothing?, Charlotte Blattner
An Assessment Of Recent Trade Law Developments From An Animal Law Perspective: Trade Law As The Sheep In Wolf's Clothing?, Charlotte Blattner
Animal Law Review
Further development within the field of animal law seems to be at an impasse, lost among the potential paths presented by its traditional influences: international treaty law, domestic animal welfare regulations, and trade law. First, classical elements of global animal treaty law are limited to preservationist aspirations, insusceptible to the questions of how animals are treated or how they cope with their environment. Second, animal welfare regulation is understood as a matter confined to national territories. In cross-border dialogue, animal matters have been reduced to allegations of imperialism, which is not conducive to furthering animal interests. Third, animals are regarded …
2014 State Legislative Review, Aaron C. Johnson
2014 State Legislative Review, Aaron C. Johnson
Animal Law Review
Several state legislatures addressed animal welfare issues in 2014. A young fifth-grader, motivated by a documentary, inspired her community and state legislature to attempt to pass legislation protecting orcas. Two states decided to blaze a new trail when they determined that the federal government was not going far enough to stop the ivory and rhino horn trade. The battle between freedom of speech and property rights reared its ugly head as several states took on the polemical issue of 'ag-gag.' Lastly, we witnessed breed-specific legislation become illegal in three more states, with science trumping the availability heuristic.
An International Treaty For Animal Welfare, David Favre
An International Treaty For Animal Welfare, David Favre
Animal Law Review
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 …
Dog Meat In Korea: A Socio-Legal Challenge, Rakhyun E. Kim
Dog Meat In Korea: A Socio-Legal Challenge, Rakhyun E. Kim
Animal Law Review
This article explores the dog meat debate in Korea from a socio-legal perspective. It first examines the legal status of dogs and dog meat, and the legal protection for dogs under the old and new legislative frameworks. It then discusses socio-legal challenges to banning dog meat in the Korean context, employing examples of both legal approaches taken by other countries and the politics of dog meat in Korea, specifically. The article argues that the controversy over dog meat must be reframed and dog meat be socially redefined in order to protect dogs, which are currently caught in the conflict over …
The Japanese Dolphin Hunts: In Quest Of International Legal Protection For Small Cetaceans, Rachelle Adam
The Japanese Dolphin Hunts: In Quest Of International Legal Protection For Small Cetaceans, Rachelle Adam
Animal Law Review
This article sets out to explore the international legal status of those dolphins targeted by the Japanese drive hunts. It is estimated that over two thousand five hundred small cetaceans—dolphins, porpoises and small whales—will be killed as a result, out of a total of over twenty thousand killed annually in Japan by direct catch. It is argued that since we have literally pushed them to the brink of extinction, we have an ethical duty towards dolphins, to stop the cruelty perpetrated against them by man and to ensure the survival of their species. And our ethical duty towards them should …
Five Years Of The "New" Animal Welfare Regime: Lessons Learned From New Zealand's Decision To Modernize Its Animal Welfare Legislation, Peter Sankoff
Five Years Of The "New" Animal Welfare Regime: Lessons Learned From New Zealand's Decision To Modernize Its Animal Welfare Legislation, Peter Sankoff
Animal Law Review
In 1999, New Zealand took an ambitious step to update its animal welfare legislation. The new law included a limited provision to protect Great Apes from scientific experimentation that was heralded internationally as a huge step forward for animals. The Author suggests, however, that New Zealand’s other animals have not fared nearly as well under the new law, and that the notion of New Zealand as the “animal friendly” nation implied by its treatment of primates is more about perception than reality. This article explores the New Zealand experience, and suggests lessons that can be drawn from the modernization of …
International Animal Rights: Speciesism And Exclusionary Human Dignity, Kyle Ash
International Animal Rights: Speciesism And Exclusionary Human Dignity, Kyle Ash
Animal Law Review
The primary goal of this paper is to act as a heuristic device, to suggest an unconventional but practical perspective on the evolution of international law. Upon surveying discourse on the history of international law, texts of treaties, and declarations and writings of influential philosophers of law and morality, an antiquated perspective of humanity is apparent. A convention in international law, and a reflection of a common idea which feeds the foreboding trend of how humans relate to the planet, treats humanity as distinctively separate from the Earth’s biodiversity. Though environmental law is beginning to recognize the necessity of conserving …
Chinese Endangered Species At The Brink Of Extinction: A Critical Look At The Current Law And Policy In China, Charu Sharma
Chinese Endangered Species At The Brink Of Extinction: A Critical Look At The Current Law And Policy In China, Charu Sharma
Animal Law Review
The People’s Republic of China harbors a vast number of plant and animal species, but those species have long been threatened by a thriving illegal trade. China became a signatory to the Convention on International Trade in Endangered Species in 1981 and has since passed a number of wildlife protection laws and regulations in an effort to curb the illegal trade and begin revitalizing some of its nearly-extinct animal populations. This article critically examines China’s legislation and judicial decisions, concluding that much work remains to be done to protect endangered species in China.
The World Trade Organisation Rules: A Legal Analysis Of Their Adverse Impact On Animal Welfare, Peter Stevenson
The World Trade Organisation Rules: A Legal Analysis Of Their Adverse Impact On Animal Welfare, Peter Stevenson
Animal Law Review
Mr. Stevenson analyzes the free trade rules of the World Trade Organisation and discusses their detrimental impact on certain measures designed to protect animals. Specifically, he discusses U.S. laws to safeguard dolphins and sea turtles, as well as proposed EU laws regarding leghold traps and cosmetic testing on animals. Mr. Stevenson provides an analysis of current WTO rule interpretation, identifies ways in which the rules should be reformed, and provides a less restrictive interpretation that would permit the existence of measures designed to improve animal welfare.
A Step At A Time: New Zealand's Progress Toward Homonid Rights, Rowan Taylor
A Step At A Time: New Zealand's Progress Toward Homonid Rights, Rowan Taylor
Animal Law Review
All members of the Homindae Family (humans, chimpanzees, bonobos, gorillas, and orangutans) share complex cognitive aptitudes not shared by most other animals. Yet only human hominids have legal rights to life and personal security. The campaign to win fundamental rights for all hominids took a small but significant step forward in 1999 when New Zealand's Animal Welfare Act banned the use of non-human hominids in research, testing, and teaching except where such uses are in the hominids' best interests. In preventing human interests from trumping non-human ones, the Act took a first step toward dismantling speciesism within the hominid family. …
Legal Trade In African Elephant Ivory: Buy Ivory To Save The Elephant?, Sam B. Edwards Iii
Legal Trade In African Elephant Ivory: Buy Ivory To Save The Elephant?, Sam B. Edwards Iii
Animal Law Review
Trade in endangered species is a complicated issue. The trade in ivory creates tensions between western conservation-driven beliefs and developing countries' reliance on wildlife as a resource. This article examines the recent decision under the Convention on International Trade in Endangered Species (CITES) to conduct a one-time sale of ivory from Zimbabwe, Namibia, and Botswana to Japan. Since trade in endangered species involves many different disciplines, this paper touches on biology, international law, economics, and public policy. In theory, limited trade in African elephant ivory is possible and even advantageous for the various actors. However, in practice, the management controls …