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Globalization and Animal Law: Comparative Law, International Law and International Trade, 2nd Edition

Globalization and Animal Law: Comparative Law, International Law and International Trade, 2nd Edition

  • Author:
  • Publisher: Kluwer Law International
  • ISBN: 9789041158741
  • Published In: May 2017
  • Format: Hardback , 696 pages
  • Jurisdiction: International ? Disclaimer:
    Countri(es) stated herein are used as reference only

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  • Description 
  • Contents 
  • Author 
  • Details

    Globalization and Animal Law provides a detailed analysis of international and comparative animal law focusing on the impact of the globalized economy on animal law. 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 hunter-gatherer to agricultural society. In today’s global markets, multinational corporations exploit the economic value of animals 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, have 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. In light of this growing awareness, the author in this book lucidly explicates the sorts of legal rules that affect the global animal marketplace by describing a wide range of domestic and international laws relating to the treatment of animals.

    What’s in this book:

    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 operations;
    • 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 relevant to animal protection 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.

    Representative norms in existing animal protection laws are analyzed and critiqued, illustrating the diverse approaches taken by different 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 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.

    How this will help you:

    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. In light of these rapid developments, this book serves as a guidepost 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.

     

    Features:

    • provides comprehensive coverage and analysis of issues in international and comparative animal law
    • analyzes national, regional and international laws relating to the use of animals in agriculture, animal experimentation and entertainment
    • examines legal issues relating to the treatment of companion animals
    • explores and analyzes the impact of laws on international trade on the treatment and protection of animals
    • analyzes constitutional provisions on the protection and legal status of animals
    • investigates animal-related issues of intellectual property law
    • provides broad coverage of animal laws from countries around the world ranging from Europe to Australasia, South America, South Asia and North America
    • contains broad coverage of the animal laws of the EU
    • considers major international treaties, conventions and agreements bearing on the treatment of and protection of animals
    • examines intellectual property issues relating to animals
    • studies the efforts to have certain animals judicially determined to be legal “persons”

    Benefits:

    • provides animal law professors and instructors a comprehensive course of study for international and comparative animal law classes
    • contains broad consideration of issues of international and comparative animal law of value for animal law advocates, legal practitioners, legislators, decision makers and academics
    • provides animal law advocates, legal practitioners, legislators, decision makers and academics thorough consideration of the impact of globalization and modern economic realities on animal law
    • includes abundant source material on international and comparative animal law for use by animal law advocates, legal practitioners, legislators, decision makers and academics
    • benefits international trade practitioners with analysis of major international trade issues relating to animals and animal products
    • explores the different ways animal law issues are being treated around the world providing animal law advocates, legislators and decision makers with ideas for future advocacy and legislative proposals
    • provides moral philosophic background for consideration of issues of animal law and for legal advocacy
    • presents recent scientific discoveries on the cognitive and other abilities of animals that can be used for analysis and critique of present laws, as well as for advocacy and formulation of future initiatives
    • analyzes global animal law issues from a compassionate viewpoint
    • considers the future of animal law and advocacy from a global perspective
    • provides ideas and recommendations on the way forward in protecting and advocating for animals
  • About the Author

    Preface and Acknowledgments

    CHAPTER 1 Exploitation

    CHAPTER 2 Morality, Science, and the Law

    CHAPTER 3 Animals in Agriculture

    CHAPTER 4 Animals in Science

    CHAPTER 5 Animals in Entertainment

    CHAPTER 6 Companion Animals

    CHAPTER 7 CITES

    CHAPTER 8 The WTO and GATT

    CHAPTER 9 Constitutional Protection for Animals

    CHAPTER 10 Animals and Intellectual Property

    CHAPTER 11 Past, Present, and Future

    Appendices:

    Appendix I Raw Data for Chapter 1 Graphics

    Appendix II EU Council Directive 98/58

    Appendix III EU Council Directive 1999/74

    Appendix IV EU Council Regulation 1099/2009

    Appendix V EU Directive 2010/63/EU of the European Parliament and of the Council

    Appendix VI New Zealand Animal Welfare Code: Rodeos 2014

    Appendix VII CITES Secretariat, Convention on International Trade

    Appendix VIII WTO, General Agreement on Tariffs and Trade

    Bibliography

    Table of Authorities

    Table of European Union Treaties and Secondary Legislative Acts

    Index

  • Tom Kelch is a professor of law at Whittier Law School in Costa Mesa, California and has been teaching animal law for more than 20 years.  He has published numerous articles on animal law, including pieces on the property status of animals, the role of feminist theory and the emotive in animal law, alleged First Amendment justifications for animal experimentation, the history of animal law, culture and animal law, and development of universal principles for global animal advocacy.  Professor Kelch has also spoken at numerous conferences in the United States and Europe on animal law issues.  For more than ten years, he taught International and Comparative Animal Law in Santander, Spain and Toulouse, France, and now regularly teaches the class in the United States.  

    Professor Kelch obtained his Bachelor’s degree from the University of Michigan, graduated from the University of Michigan Law School, has a M.B.A. from the University of Southern California and a M.A. in Philosophy from University of California Irvine.  He also has a seemingly endless stream of rescue animals living with him in Southern California.

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