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Full-Text Articles in Animal Law

The Use Of Regular Militaries For Natural Disasters After A Major Event Where The Military Was Seen As A Failure - The Somalia Effect In The Age Of Black Lives Matters And Covid-19, Donald D.A. Schaefer Apr 2021

The Use Of Regular Militaries For Natural Disasters After A Major Event Where The Military Was Seen As A Failure - The Somalia Effect In The Age Of Black Lives Matters And Covid-19, Donald D.A. Schaefer

Fordham Environmental Law Review

This is written as a continuation of Dr. Schaefer’s recent article entitled, “The Use of the Regular Militaries for Natural Disaster Assistance: Climate Change and the Increasing Need for Changes to the Laws in the United States, China, Japan, the Philippines, and Other Countries.” 2 Perhaps few other areas have affected so many people than the Covid-19 pandemic. Coupled with this has been the struggle over the use of force by the military and police in the age of “black lives matters” and the movements that have been transpired as a result. With the increased global warming likely to continue …


"Eco" Your Own Way: An Argument For State-Specific Climate Change Legislation, Amanda Voeller Apr 2021

"Eco" Your Own Way: An Argument For State-Specific Climate Change Legislation, Amanda Voeller

Fordham Environmental Law Review

The consequences of climate change seriously and immediately threaten the American way of life, but proposed federal legislation like the Green New Deal is overly broad, unrealistic, and inefficient. The most effective way for the United States to combat climate change is not with a one-size-fits-all plan like the Green New Deal, but with federal legislation that incentivizes states and cities to enact and enforce individualized, local climate legislation. Different states and cities have different climates, available energy sources, and transportation needs, so the federal government should use financial incentives to encourage states and cities to pass tailor-made bills and …


Table Of Contents, Seattle University Law Review Jan 2021

Table Of Contents, Seattle University Law Review

Seattle University Law Review

Table of Contents


Regaining Control Over The Climate Change Narrative: How To Stop Right-Wing Populism From Eroding Rule Of Law In The Climate Struggle In India, Binit Agrawal Dec 2020

Regaining Control Over The Climate Change Narrative: How To Stop Right-Wing Populism From Eroding Rule Of Law In The Climate Struggle In India, Binit Agrawal

Fordham Environmental Law Review

No abstract provided.


Innovative Regulatory And Financial Parameters For Advancing Carbon Capture And Storage Technologies, Zen Makuch, Slavina Georgieva & Behdeen Oraee-Mirzamani Dec 2020

Innovative Regulatory And Financial Parameters For Advancing Carbon Capture And Storage Technologies, Zen Makuch, Slavina Georgieva & Behdeen Oraee-Mirzamani

Fordham Environmental Law Review

No abstract provided.


Textiles As A Source Of Microfiber Pollution And Potential Solutions, Lea M. Elston Dec 2020

Textiles As A Source Of Microfiber Pollution And Potential Solutions, Lea M. Elston

Fordham Environmental Law Review

No abstract provided.


Lessons From Renewable Energy Diffusion For Carbon Dioxide Removal Development, Anthony E. Chavez Dec 2020

Lessons From Renewable Energy Diffusion For Carbon Dioxide Removal Development, Anthony E. Chavez

Fordham Environmental Law Review

No abstract provided.


Dispute Settlement Under The African Continental Free Trade Area Agreement: A Preliminary Assessment, Olabisi D. Akinkugbe Nov 2020

Dispute Settlement Under The African Continental Free Trade Area Agreement: A Preliminary Assessment, Olabisi D. Akinkugbe

Articles, Book Chapters, & Popular Press

The African Continental Free Trade Area Agreement (AfCFTA) will add a new dispute settlement system to the plethora of judicial mechanisms designed to resolve trade disputes in Africa. Against the discontent of Member States and limited impact the existing highly legalized trade dispute settlement mechanisms have had on regional economic integration in Africa, this paper undertakes a preliminary assessment of the AfCFTA Dispute Settlement Mechanism (DSM). In particular, the paper situates the AfCFTA-DSM in the overall discontent and unsupportive practices of African States with highly legalized dispute settlement systems and similar WTO-Styled DSMs among other shortcomings. Notwithstanding the transplantation of …


Table Of Contents, Seattle University Law Review Sep 2020

Table Of Contents, Seattle University Law Review

Seattle University Law Review

Table of Contents


Bringing Animal Protection Legislation Into Line With Its Purported Purposes: A Proposal For Equality Amongst Non-Human Animals, Jane Kotzmann, Gisela Nip May 2020

Bringing Animal Protection Legislation Into Line With Its Purported Purposes: A Proposal For Equality Amongst Non-Human Animals, Jane Kotzmann, Gisela Nip

Pace Environmental Law Review

The United States has a strong history of enacting laws to protect animals from the pain and suffering inflicted by humans. Indeed, the passage of the Massachusetts’ Body of Liberties in 1641 made it the first country in the world to pass such laws. Nevertheless, contemporary animal protection laws in all jurisdictions of the United States are limited in their ability to adequately realize their primary purpose of protecting animals from unnecessary or unjustifiable pain and suffering. This is a result of limited statutory definitions of ‘animal’ and far-reaching exclusions commonly found in animal protection legislation. These exclusions frequently apply …


Pakootas V. Teck Cominco Metals, Ltd., Connlan W. Whyte May 2020

Pakootas V. Teck Cominco Metals, Ltd., Connlan W. Whyte

Public Land & Resources Law Review

Throughout the twentieth century, Teck Cominco Metals leaked metal pollutants into the Upper Columbia River that ultimately entered the United States and the Colville Indian Reservation. In 2004, after almost a decade of working with the United States Environmental Protection Agency, the Colville Tribes initiated a citizen suit under CERCLA against Teck for damaging the ecosystem of the Upper Columbia River. In 2018, the Ninth Circuit affirmed judgment against Teck for recovery costs and attorney’s fees.


Global Animal Law And International Trade Law After Ec-Seal Products: An Interactional Analysis, Katie Sykes May 2020

Global Animal Law And International Trade Law After Ec-Seal Products: An Interactional Analysis, Katie Sykes

PhD Dissertations

This thesis is a case study of the formation of new norms in international law. The norms are those that concern animal protection. The thesis argues that international trade law is playing a part in the development of international legal norms for animal protection. The theoretical model applied is interactional international law, the theory of the constructivist international legal scholars Jutta Brunnée and Stephen Toope. Interactional theory posits that legitimate, binding international law arises from norms based on shared understandings, exhibits specifically legal characteristics that correspond to Lon Fuller’s criteria of legality, and is created, maintained and supported through interaction …


In Memory Of Professor James E. Bond, Janet Ainsworth Jan 2020

In Memory Of Professor James E. Bond, Janet Ainsworth

Seattle University Law Review

Janet Ainsworth, Professor of Law at Seattle University School of Law: In Memory of Professor James E. Bond.


Fighting Back From The Brink: International Efforts To Prevent Illegal Trafficking In Endangered Species, Kara Consalo Jan 2020

Fighting Back From The Brink: International Efforts To Prevent Illegal Trafficking In Endangered Species, Kara Consalo

Journal Publications

This article advances the argument for sustainable harvesting as a broad supplement, even replacement, to the prevailing no-trade policies currently used in many countries and international organizations. It is the author’s premise that the no-trade conservation paradigm is failing to adequately prevent illegal trafficking and endangered wildlife populations are suffering catastrophic losses as a result. This article will explain the current state of prevailing no-trade regulations and efforts to stem the onslaught of illegal wildlife trafficking. The article will then explore two examples of successful sustainable farming and harvesting programs, the American alligator and the Peruvian vicuñas. After a comparison …


Table Of Contents, Seattle University Law Review Jan 2020

Table Of Contents, Seattle University Law Review

Seattle University Law Review

Table of Contents


Table Of Contents, Seattle University Law Review Sep 2019

Table Of Contents, Seattle University Law Review

Seattle University Law Review

No abstract provided.


You Don’T Need Lungs To Suffer: Fish Suffering In The Age Of Climate Change With A Call For Regulatory Reform, David N. Cassuto, Amy O'Brien Aug 2019

You Don’T Need Lungs To Suffer: Fish Suffering In The Age Of Climate Change With A Call For Regulatory Reform, David N. Cassuto, Amy O'Brien

Elisabeth Haub School of Law Faculty Publications

Fish are sentient — they feel pain and suffer. Yet, while we see increasing interest in protecting birds and mammals in industries such as farming and research (albeit few laws), no such attention has been paid to the suffering of fish in the fishing industry. Consideration of fish welfare including reducing needless suffering should be a component of fisheries management. This article focuses on fisheries management practices, the effects of anthropogenic climate change on fisheries management practices, and the moral implications of fish sentience on the development and amendment of global fishing practices. Part I examines domestic and international fisheries, …


Transboundary Wildlife Laws And Trafficking: The Plight Of The African Elephant In Malawi And The Need For International Cooperation, Emily Schenning Mar 2019

Transboundary Wildlife Laws And Trafficking: The Plight Of The African Elephant In Malawi And The Need For International Cooperation, Emily Schenning

Villanova Environmental Law Journal (1991 - )

No abstract provided.


Table Of Contents, Seattle University Law Review Feb 2019

Table Of Contents, Seattle University Law Review

Seattle University Law Review

No abstract provided.


Bringing The European Eel Back From The Brink: The Need For A New Agreement Under The Convention On Migratory Species, Chris Wold Dec 2018

Bringing The European Eel Back From The Brink: The Need For A New Agreement Under The Convention On Migratory Species, Chris Wold

Pace Environmental Law Review

The European eel is considered “Critically Endangered.” Its population has been declining due to overutilization, barriers to migration such as dams, pollution, and climate change. The international community has responded by including the European eel in Appendix II of the Convention on International Trade in Endangered Species (“CITES”) to regulate international trade and Appendix II of the Convention on Migratory Species (“CMS”) to help improve the species conservation status. The EU has taken regional action to prohibit imports into and exports from EU Member States, although intra-EU trade is permissible. Despite these actions, the eel’s conservation status might not be …


Friends Of Animals V. United States Fish & Wildlife Service, Bradley E. Tinker Oct 2018

Friends Of Animals V. United States Fish & Wildlife Service, Bradley E. Tinker

Public Land & Resources Law Review

In Friends of Animals v. United States Fish & Wildlife Service, the Ninth Circuit held that the plain language of the Migratory Bird Treaty Act allows for the removal of one species of bird to benefit another species. Friends of Animals argued that the Service’s experiment permitting the taking of one species––the barred owl––to advance the conservation of a different species––the northern spotted owl––violated the Migratory Bird Treaty Act. The court, however, found that the Act delegates broad implementing discretion to the Secretary of the Interior, and neither the Act nor the underlying international conventions limit the taking of …


Serving Pets In Poverty: A New Frontier For The Animal Welfare Movement, Amanda Arrington, Michael Markarian Feb 2018

Serving Pets In Poverty: A New Frontier For The Animal Welfare Movement, Amanda Arrington, Michael Markarian

Sustainable Development Law & Policy

No abstract provided.


Editor's Note, Luke Trompeter, Ingrid Lesemann Feb 2018

Editor's Note, Luke Trompeter, Ingrid Lesemann

Sustainable Development Law & Policy

No abstract provided.


Migratory Waterbird Conservation At The Flyway Level: Distilling The Added Value Of Aewa In Relation To The Ramsar Convention, Melissa Lewis Apr 2017

Migratory Waterbird Conservation At The Flyway Level: Distilling The Added Value Of Aewa In Relation To The Ramsar Convention, Melissa Lewis

Pace Environmental Law Review

In June 1995, the Agreement on the Conservation of African-Eurasian Migratory Waterbirds (AEWA) was adopted, and this instrument remains the only legally binding waterbird Agreement in the CMS Family. However, while AEWA has been lauded as a very promising instrument, the concern has also been raised that the Agreement “has a large potential scope for the duplication of obligations, especially with regard to the protection of wetland habitats, given the operation of the Ramsar Convention”. The existing literature thus recognizes that overlap between AEWA and the Ramsar Convention is potentially problematic. It fails, however, to provide a detailed analysis of …


Gray Area: Court Of Arbitration For Sport Says Neigh To Reconsidering Strict Liability For Equestrian Sport, Mary Zoeller Jun 2016

Gray Area: Court Of Arbitration For Sport Says Neigh To Reconsidering Strict Liability For Equestrian Sport, Mary Zoeller

Jeffrey S. Moorad Sports Law Journal (1994 - )

No abstract provided.


A Future For A Forgotten Predator: Assessment Of The Global And Regional Legal Frameworks For Protection And Recovery Of The Caribbean Sawfishes Pristis Pristis And Pristis Pectinata And Recommendations For The Course Forward, Olga Koubrak Jan 2016

A Future For A Forgotten Predator: Assessment Of The Global And Regional Legal Frameworks For Protection And Recovery Of The Caribbean Sawfishes Pristis Pristis And Pristis Pectinata And Recommendations For The Course Forward, Olga Koubrak

LLM Theses

Two species of sawfish, Pristis pristis and Pristis pectinata, used to be common in the coastal waters of the Caribbean Region. However, due to direct and incidental fishing pressures, national and international trade in body parts, and habitat loss, the populations of these ecologically and culturally significant species have drastically declined. This thesis identifies and reviews global and regional, binding and non-binding legal instruments in effect in the Caribbean Region that encourage states to protect biodiversity in general or address identified threats to sawfishes specifically. Despite the presence of obligations that call upon states to adopt sawfish conservation and habitat …


An Assessment Of Recent Trade Law Developments From An Animal Law Perspective: Trade Law As The Sheep In Wolf's Clothing?, Charlotte Blattner Jan 2016

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 …


For Trinkets, Tonics, And Terrorism: International Wildlife Poaching In The Twenty-First Century, Ranee Khooshie Lal Panjabi Aug 2015

For Trinkets, Tonics, And Terrorism: International Wildlife Poaching In The Twenty-First Century, Ranee Khooshie Lal Panjabi

Georgia Journal of International & Comparative Law

No abstract provided.


An International Sos (Save Our Sharks): How The International Legal Framework Should Be Used To Save Our Sharks, Crystal Green Jul 2015

An International Sos (Save Our Sharks): How The International Legal Framework Should Be Used To Save Our Sharks, Crystal Green

Pace International Law Review

The purpose of this Article is to shed light on the plight on sharks in international and domestic waters. An estimated 100 million sharks are killed every year. The cruel and wasteful practice of shark finning is responsible for a large portion of those killings. Shark fins are the most valuable part of the shark, because they are used as the key ingredient – and namesake – in an Asian delicacy known as “shark fin soup.” This Article opens with background information on the dire situation sharks are facing in our oceans, and how the depletion of these top predators …


Scuttling Iuu Fishing And Rewarding Sustainable Fishing: Enhancing The Effectiveness Of The Port State Measures Agreement With Trade-Related Measures, Anastasia Telesetsky Jul 2015

Scuttling Iuu Fishing And Rewarding Sustainable Fishing: Enhancing The Effectiveness Of The Port State Measures Agreement With Trade-Related Measures, Anastasia Telesetsky

Seattle University Law Review

Illegal, unreported, and unregulated fishing (IUU fishing) is a substantial threat to global food security and a recurring problem for global fishery managers already facing difficult baseline situations exacerbated by climate change, including warming oceans and increasing acidification. There is nothing historically new about IUU fishing; there have always been poachers who take advantage of operating in the shadows of legal commercial fishing. What is new is the extent to which marine poaching has industrialized. It is estimated that 19% of the worldwide value of marine catches are unlawful. The problem is not limited to developing states. For example, even …