Studies in Global Animal Law (Beiträge zum ausländischen öffentlichen Recht und Völkerrecht, 290)

This open access book contains 13 contributions on global animal law, preceded by an introduction which explains key concepts and methods. Global Animal Law refers to the sum of legal rules and principles (both state-made and non-state-made) governing the interaction between humans and other animals, on a domestic, local, regional, and international level. Global animal law is the response to the mismatch between almost exclusively national animal-related legislation on the one hand, and the global dimension of the animal issue on the other hand. The chapters lay some historical foundations in the ius naturae et gentium, examine various aspects of how national and international law traditionally deals with animals as commodity; and finally suggest new legal concepts and protective strategies. The book shows numerous entry points for animal issues in international law and at the same time shifts the focus and scope of inquiry. Studies in Global Animal Law Acknowledgments Contents Chapter 1: Introduction 1 Global Animal Law in a Nutshell 2 A Globalised Problem Requires a Global Solution 3 Global Animal Law as a Response to Outsourcing 4 Global Animal Law as an Analytical Lens 5 The Contributions to this Volume References Part I: Historical Foundations Chapter 2: Rights of and Over Animals in the ius naturae et gentium (Sixteenth and Seventeenth Centuries) References Chapter 3: On Women and Beasts: Human-Animal Relationships in Sixteenth-Century Thought References Chapter 4: Animal Colonialism: The Case of Milk 1 Introduction 2 Animal Colonialism 3 Milk Colonialism 4 Breastfeeding Colonialism 5 Conclusion: Toward a Trans-Species Right to Breastfeed References Part II: Animals as Commodity Chapter 5: Trading in Sacrifice 1 Introduction 2 The Live Export Trade 3 Religious Motivations for the Importation of Live Animals 4 The Legal Regime Governing Live Exports References Chapter 6: Cross-Border Forms of Animal Use by Indigenous Peoples 1 Introduction 2 Traditional Livelihoods of a Transnational Indigenous People 3 Involving Indigenous Peoples in Decision-Making Processes and Protecting Their Rights in International Agreements 4 Animals, Welfare, Animal Welfare and Indigenous Culture 5 Concluding Remarks References Chapter 7: China ́s Legal Response to Trafficking in Wild Animals: The Relationship between International Treaties and Chinese ... 1 Introduction 2 China ́s Law Enforcement and Judicial Measures Against the Trafficking of Wild Animals and Their Products 2.1 Law Enforcement Measures 2.2 Judicial Measures 3 New Chinese Legislation on the Elimination of Trafficking of Wild Animals and Their Products 3.1 Interpretation of Crimes Against Wild Animals by the Standing Committee of the National People ́s Congress 3.2 The Wild Animal Protection Law and Its New Provisions 3.3 Ban on Ivory and Its Products in Recent Years 4 Suggested Improvements to China ́s Legal Response to Trafficking 5 Conclusion References Chapter 8: Corruption Gone Wild: Transnational Criminal Law and the International Trade in Endangered Species 1 Introduction 2 Prohibiting Corruption and Wildlife Trafficking Through International Law 3 Linking International Norms Against Corruption and Wildlife Trafficking 3.1 Research Publications 3.2 Soft Law Statements 3.3 Security Council Resolutions 4 Contesting the Connection Between the Anti-corruption and Anti-wildlife Trafficking Agendas 4.1 Effectiveness 4.2 Human Rights 4.3 Politics 5 Conclusion References Part III: New Legal Concepts Chapter 9: Biodiversity, Species Protection, and Animal Welfare Under International Law 1 Introduction 2 The Scope of Animal Welfare and International Biodiversity Law: Wildlife as an Overlapping Theme 3 Animal Welfare: An Absent Topic in General International Biodiversity Law 4 Animal Welfare: A Condition for the Sustainable Use and Conservation of Endangered Species 5 The Relevance of Complementary International Rules to Ensure Both Wildlife Welfare and Conservation References Chapter 10: Toward International Animal Rights 1 Introduction: The Spectre of Dehumanisation 2 The Trend Towards Animal Welfare and Rights in Domestic Laws 3 The Need for International Animal Rights 4 International Animal Personhood 5 Animal Rights and Human Rights: Foundations 6 Animal Rights and Human Rights: Universality 7 Conclusions References Chapter 11: (Certified) Humane Violence? Animal Production, the Ambivalence of Humanizing the Inhumane, and What International... 1 Introduction: The Industrialization and Humanization of Animal Production 2 Humane Labelling and Humane-Washing 3 The Inherent Contradiction and Limits of Humanizing Animal Production 4 Animal Welfare Law and International Humanitarian Law: A Brief Comparison 5 Outlook: From a Jus In Bello Towards a Jus Contra Bellum for Animals References Part IV: New Protective Legal Strategies Chapter 12: Trophy Hunting, the Race to the Bottom, and the Law of Jurisdiction 1 Introduction 2 Regulating Trophy Hunting in an Era of Globalization: A Lost Cause? 3 Are Treaties the Solution? 4 The Promises of Extraterritorial Jurisdiction 5 Extraterritorial Jurisdiction: Mapping the Options 5.1 Lex Lata Options for Regulating Trophy Hunting 5.2 Lex Ferenda Options for Regulating Trophy Hunting 6 Trophy Hunting Is Only the Tip of the Iceberg 7 Concluding Remarks References Chapter 13: Protection of Animals Through Human Rights: The Case-Law of the European Court of Human Rights 1 Introduction 2 The Hunting Cases 2.1 Hunting Under Article 1 of Protocol 1 2.2 Hunting Under Articles 10 and 11 3 Animal Welfare and Freedom of Speech 4 Obstacles and Opportunities 5 Final Thoughts References Chapter 14: Challenges Regarding the Protection of Animals During Warfare 1 Introduction 2 The Silence of IHL 3 The Distinction Between IACs and NIACs 4 The Conduct of Hostilities 5 The Protection of Individuals References