*Errata statement - Chapter 4Many Australians and New Zealanders still assume that current animal welfare laws provide animals with sufficient protection from human mistreatment, that cruelty is the exception and that, when exposed, perpetrators are prosecuted. They are wrong on all counts.Animal Law in Australasia, in its 1st edition, highlighted shortcomings in the existing framework and suggested ways in which the law could be improved. It was well-received, with critics calling it "a book to be applauded" (Laura Donellan, Journal of Animal Ethics), "a must for anyone ... interested in animal rights and animal welfare" (Susan Briggs, Release Magazine) and even "a book that changed my life" (The Honourable Michael Kirby).This 2nd entirely revised edition builds upon the significant developments in animal law that have occurred since 2009 and also addresses emerging areas of concern, with 11 brand new chapters.Contributions from Australian, New Zealand and international academics and practitioners cover topics ranging from the explanation of basic concepts of animal protection and theoretical underpinnings of animal law to specific matters of interest including:the regulation of companion animalsthe use of animals in researchdog control legislationanimals in entertainmentthe use of codes of welfarethe application of welfare standards to fishthe impact of WTO regulation on domestic efforts to control cruelty, andAustralia's new regulatory regime for live exports.
Laws governing the treatment of animals have been in place in the legal systems of Australia and New Zealand for many years, and some aspects of the animal welfare laws in these two systems are considered progressive at an international level. However, the study of animal law as an academic discipline and as part of legal education is a recent development in Australasia. Animal Law in Australia and New Zealand aims to contribute to establishing and furthering animal law as an independent branch of legal studies in these countries. Part I of the book focuses on the philosophical, scientific and historical aspects of animals in relation to law, providing the background against which animal law can be examined as a discipline and a branch of law. It considers the legal status of animals and raises questions as to whether the entrenched legal status of animals as property should be changed or modified in furtherance of animal protection. Part II of the book focuses on animal law in practice in Australia and New Zealand, covering legal frameworks for animal welfare law and an overview of the key provisions of the relevant laws. Later chapters detail the regulation of the treatment of companion animals, farm animals, wild animals and animals used in research. Animal Law in Australia and New Zealand is an introductory text covering animal law in Australasia and is ideal for university law students undertaking animal law, animal welfare law or animal rights courses; academics interested in animal welfare and the environment in general; lawyers who are interested in animal welfare and environment; animal rights advocates; and general readers with an interest in animal welfare.
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.
Australian Animal Law: Context and Critique provides comprehensive information about the legal and regulatory framework governing the interaction between humans and animals. By relating specific content areas to the discipline’s broader characteristics and themes, researcher Elizabeth Ellis exposes the systemic nature of current problems and the consequent need for significant change. This book also illustrates the role of official animal protection narratives in legitimising the existing system despite the many factual flaws they contain. Ellis covers the major areas of animal law in detail, incorporating accessible contextual material and allowing readers to consolidate their understanding and build upon their knowledge. Key areas include the concept of unnecessary animal suffering, the effective exemption of most animals from the operation of cruelty laws, regulatory conflicts of interest, the hidden nature of animal use and the lack of transparency in animal law. Australian Animal Law is an essential resource, inviting reflection on the way the law helps to construct the relationship between human and non-human animals, including through its silences and omissions.
This unique book establishes potential future avenues within the law to enhance the welfare of animals and grant them recognised legal status. Charting the direction of the animal-human relationship for future generations, it explores the core concepts of property law to demonstrate how change is possible for domestic animals. As an ethical context for future developments the concept of a ‘right of place’ is proposed and developed.
In Animals as Legal Beings, Maneesha Deckha critically examines how Canadian law and, by extension, other legal orders around the world, participate in the social construction of the human-animal divide and the abject rendering of animals as property. Through a rigorous but cogent analysis, Deckha calls for replacing the exploitative property classification for animals with a new transformative legal status or subjectivity called "beingness." In developing a new legal subjectivity for animals, one oriented toward respecting animals for who they are rather than their proximity to idealized versions of humanness, Animals as Legal Beings seeks to bring critical animal theorizations and animal law closer together. Throughout, Deckha draws upon the feminist animal care tradition, as well as feminist theories of embodiment and relationality, postcolonial theory, and critical animal studies. Her argument is critical of the liberal legal view of animals and directed at a legal subjectivity for animals attentive to their embodied vulnerability, and desirous of an animal-friendly cultural shift in the core foundations of anthropocentric legal systems. Theoretically informed yet accessibly presented, Animals as Legal Beings makes a significant contribution to an array of interdisciplinary debates and is an innovative and astute argument for a meaningful more-than-human turn in law and policy.
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.
