Protecting Animals Within and Across Borders : Extraterritorial Jurisdiction and the Challenges of Globalization

## Abstract Extraterritorial jurisdiction stands at the juncture of international law and animal law and promises to open a path to understanding and resolving the global problems that challenge the core of animal law. As corporations have relocated and the animal industry (agriculture, medical research, entertainment, etc.) has dispersed its production facilities across the territories of multiple states, regulatory gaps and fears of a race to the bottom have become a pressing issue of global policy. Protecting Animals Within and Across Borders provides enough background to allow readers to understand why extraterritorial jurisdiction must respond to these developments, counters objections that readers might raise, and describes how to improve animal law in tandem. The heart of the work is a fully fledged catalog of options for extraterritorial jurisdiction, which states can employ to strengthen their animal laws. The book offers top-down perspectives drawn from general international law and trade law, and complements them with a bottom-up view from the perspective of animal law. The approach connects the law of jurisdiction to substantive law and opens up deeper questions about moral directionality, state and corporate duties owed to animals, and the comparative advantages of applying constitutional, criminal, and administrative animal law across the border. To ensure that extraterritorial animal law does not become complicit in oppressing ethnic, cultural, or any other minorities, the book offers critical interdisciplinary perspectives, informed by studies on posthumanism and postcolonialism. Readers will further learn when and how extraterritorial jurisdiction violates international law, and the consequences of exercising it illegally under international law. This work answers questions about how and why extraterritorial jurisdiction can overcome the steepest hurdles for animal law and help us move toward a just global interspecies community. Extraterritorial jurisdiction stands at the juncture of international law and animal law and promises to open a path to understanding and resolving the global problems that challenge the core of animal law. As corporations have relocated and the animal industry (agriculture, medical research, entertainment, etc.) has dispersed its production facilities across the territories of multiple states, regulatory gaps and fears of a race to the bottom have become a pressingissue of global policy.0This book provides enough background to allow readers to understand why extraterritorial jurisdiction must respond to these developments, counters objections that readers might raise, and describes how to improve animal law in tandem. The heart of the work is a fully-fledged catalogue of options for extraterritorial jurisdiction, which states can employ to strengthen their animal laws. The book offers top-down perspectives drawn from general international law and trade law, and complements themby a bottom-up up view from the perspective of animal law. The approach connects the law of jurisdiction to substantive law and opens up deeper questions about moral directionality, state and corporate duties owed animals, and the comparative advantages of constitutional, criminal, and administrative animal law. To ensure that extraterritorial animal law does not become complicit in oppressing ethnic and cultural minorities, the book offers critical interdisciplinary perspectives, informed by posthumanist and postcolonialist discourse. 0Readers will further learn when and how extraterritorial jurisdiction violates international law, and the consequences of exercising it illegally under international law. This work answers questions about how and why extraterritorial jurisdiction can overcome the steepest hurdles for animal law and help move us toward a just global interspecies community. 0 Extraterritorial jurisdiction stands at the juncture of international law and animal law and promises to open a path to understanding and resolving the global problems that challenge the core of animal law. As corporations have relocated and the animal industry (agriculture, medical research, entertainment, etc.) has dispersed its production facilities across the territories of multiple states, regulatory gaps and fears of a race to the bottom have become a pressing issue of global policy. This book provides enough background to allow readers to understand why extraterritorial jurisdiction must respond to these developments, counters objections that readers might raise, and describes how to improve animal law in tandem. The heart of the work is a fully-fledged catalogue of options for extraterritorial jurisdiction, which states can employ to strengthen their animal laws. The book offers top-down perspectives drawn from general international law and trade law, and complements them by a bottom-up up view from the perspective of animal law. The approach connects the law of jurisdiction to substantive law and opens up deeper questions about moral directionality, state and corporate duties owed animals, and the comparative advantages of constitutional, criminal, and administrative animal law. To ensure that extraterritorial animal law does not become complicit in oppressing ethnic and cultural minorities, the book offers critical interdisciplinary perspectives, informed by posthumanist and postcolonialist discourse. Readers will further learn when and how extraterritorial jurisdiction violates international law, and the consequences of exercising it illegally under international law. This work answers questions about how and why extraterritorial jurisdiction can overcome the steepest hurdles for animal law and help move us toward a just global interspecies community. Contents Preface and Acknowledgments List of Cases List of Legal Material Abbreviations Introduction: Protecting Animals in an Age of Globalization Mapping the Territory of Animal Law Shifting Spatial Dimensions of Animal Law The Unanswered: Indirect Protection through the GATT The Ignored: Indirect Protection through the TBT, the SPS, the ADA, the AoA, and the Special Treatment Clause The Unexplored: Direct Extraterritoriality Extended Jurisdiction through Foreign Policy, Soft Law, and SelfRegulation Direct Extraterritoriality Parameters of Substantive Law Comparative Vantage Points of Extraterritorial Animal Law Legality of Extraterritorial Jurisdiction under International Law Conclusion Bibliography, Newspaper Articles, and Press Releases Index How can we protect animals more effectively, both at home and abroad, given the ongoing globalization of animal production? This book provides a catalogue of options for extraterritorial jurisdiction, which states can employ to strengthen their animal laws. It offers top-down perspectives drawn from general international law and trade law, and complements them by a bottom-up up view from the perspective of animal law