This thought-provoking book examines the rise of animal welfare as a serious policy concern in the international trade law regime. The central focus is an in-depth study of the background and legal analysis of the landmark EC – Seal Products case, which confirmed the importance of animal welfare in WTO law. The book explores how the WTO handled the relationship between trade disciplines and animal welfare, including the particularly challenging questions around Indigenous seal hunting rights. It offers a detailed account of animal welfare and animal conservation commitments in new trade agreements, as well as mechanisms for enforcement, cooperation, and citizen participation.
Chapter I. Animals : a topic for international law --Chapter II. An overview of international rules on animals --Chapter III. The International Convention for the Regulation of Whaling : dead or alive? --Chapter IV. Farm animals in the law of the European Union --Chapter V. Animals in international trade law --Chapter VI. Animals in the law of armed conflict --Chapter VII. Towards international animal rights --Chapter VIII. Towards a global animal protection law.
Addressing the interests of non-human animals in an era of globalization requires consideration of a wide range of international influences upon domestic case law, policy, and legal doctrine. International agreements and decisions affect much more than simple cross-border transactions in animals or animal-related products and can also impact what individual countries may or may not do internally to address animal cruelty, health, consumer protection interests, cultural preservation, conservation, species preservation, and a host of other issues in their national laws and regulations. For the first time, materials from a variety of sources are brought together in a single volume which permits instructors and students to focus directly on the complex interaction which occurs between domestic animal law and various international regimes. Key multilateral environmental agreements, such as the Convention on Biological Diversity, the Convention on Trade in Endangered Species, and the International Convention on the Regulation of Whaling, are all considered. The General Agreement on Tariffs and Trade, and the WTO's Sanitary and Phytosanitary Measures Agreement, and its Technical Barriers to Trade Agreement are also examined to illustrate that international economic law is no less significant in shaping domestic animal measures than are the more well-known environmental agreements. Additionally, efforts to advance animal interests through regional law, nonbinding international standards, or grass-roots efforts such the proposed Universal Declaration on Animal Welfare are also explored. Accordingly, International Issues in Animal Law can serve either as the basis for a stand-alone course, or as a supplement for those who wish to add more of an international emphasis to other course offerings. A comprehensive Teacher's Manual is available for instructors, with numerous cross-references and links to additional resources which makes teaching these materials easy--and fun--even for those with no prior background in the field. "Fitzgerald's book provides a much-needed text that bridges the gap among animal, environmental, and international law texts focusing on the unique issues and challenges raised at the intersection of these three areas of study and practice. [...] While the book primarily is designed as a text for classroom use complete with an incredibly helpful Teacher's Manual providing extensive information and additional resources to supplement the readings in the text, it is also suitable for the advocate looking to become more acquainted with international animal law issues. [...] In this book, Fitzgerald admirably meets his stated goal of facilitating more effective animal advocacy domestically and internationally." -- Joan Schaffner, Journal of Animal Ethics
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.
estation, habitat destruction and zoonoses; food naming and labelling; and food risk management. Throughout there is reference to an abundance of legislation, treaties, conventions, and case law at domestic, regional, and international levels, with particular attention to European, US, and World Trade Organization law and the work of the FAO. The book clearly demonstrates the necessity for reform of the global system of food production in the direction of a more sustainable and environment-friendly model. In its authoritative discussion of the relations among fields of law that are rarely discussed together – food law and the environment, food law and human rights, food law and animal welfare – this collection of chapters will prove a valuable resource both for officials working in food governance and security and for lawyers and scholars concerned with environmental management, sustainable development, and human rights around the world.
In this objective, practical and authoritative introductory text the author reveals how the fundamental principles of the human-animal relationship drive the development of animal law. The book explains the criteria by which the lawful use of animals is determined, and how these criteria impact evolving standards of animal protection and define the responsibilities of people in their interactions with animals. The author identifies 29 key principles which constitute the core knowledge necessary for people involved in debating, assessing, and guiding the evolution of society’s national and international rulebook of animal welfare law. The book also considers animal welfare and law in the context of a global market through discussion of common issues such as climate change, biosecurity, food safety and food supply. Based on successful law courses run by the author and his own expertise as an animal law lecturer, prosecutor and specialist legal adviser, the book combines insights from science, ethics and law to provide an essential understanding of what informs society and the law with regards to animals and their welfare.
This book considers the efficacy of the common regulatory model of the licensing regime as a means of regulating animal use in England, with a particular focus on wild animals and the regime’s ability to ensure animal welfare needs are met. Using information gleaned from over 550 inspection reports relating to the period 2008 through 2019, obtained using FOI Act requests, the book analyses the extent to which animals used by these industries are protected by law. Tyson analyses the limitations present in the practical application of English legislation responsible for creating a number of relevant licensing regimes.The regimes discussed include: The Zoo Licensing Act 1981, the now repealed Welfare of Wild Animals in Travelling Circuses Regulations 2012, and the Animal Welfare (Licensing of Activities Involving Animals) Regulations 2018, introduced under the Animal Welfare Act 2006. Exploring the weakness in the use of this type of regulatory model, Tyson proposes compelling recommendations for change in future policy development. Making an important contribution to the question of enforcement of animal welfare laws, this book provides useful and original insights into the implementation of licensing regimes, and will be of particular interest to scholars of animal welfare law, animal ethics, and critical animal studies.
This volume is an inspiring and breakthrough piece of academic scholarship and the first of its kind featuring a comprehensive reader-friendly approach to teach the intricacies of the various aspects of international farm animal, wildlife conservation, food safety and environmental protection law. The selected focus areas are grouped in sections, such as agrobiodiversity, fishing and aquaculture, pollinators and pesticides, soil management, industrial animal production and transportation, and international food trade. Farm animal welfare, environmental protection, biodiversity conservation, and food safety are the core of the selected chapters. Every chapter provides real-world examples to make the complex field easy to understand. With its systematic approach, this book is devoted to anyone interested in the subject, becomes a valuable resource for professionals working in food regulation, and provides a solid foundation for courses and master’s programs in animal law, environmental policy, food and agriculture law, and regulation of these subjects around the world. Through its emphasis on sustainable food production, this work offers a cutting-edge selection of evolving topics at the heart of the pertinent discourse. As one of its highlights, this books also provides “Tools for Change,” a unique compilation and analysis of laws from the major farm animal product trading nations. With these tools, practitioners, advocates, policy makers and other state-holders are equipped with information to start work toward improving farm animal welfare, wildlife conservation, and food safety through the use of law and policy.
