Biodiversity, Species Protection, and Animal Welfare Under International Law

2018 ◽  
Author(s):  
Guillaume Futhazar
2016 ◽  
Vol 5 (1) ◽  
pp. 25-53 ◽  
Author(s):  
Anne Peters

AbstractThis article problematizes the discrepancy between the wealth of international law serving human needs and rights and the international regulatory deficit concerning animal welfare and animal rights. It suggests that, in the face of scientific evidence, the legal human–animal boundary (as manifest notably in the denial of rights to animals) needs to be properly justified. Unmasking the (to some extent) ‘imagined’ nature of the human–animal boundary, and shedding light on the persistence of human–animal comparisons for pernicious and beneficial purposes of the law, can offer inspirations for legal reform in the field of animal welfare and even animal rights.


Author(s):  
Katie Sykes

SummaryThis article proposes that there is a general principle of international law concerning the humane treatment of animals. Preoccupation with “animal rights” has been associated with Western cultural imperialism masquerading as a universal ethic. Animal welfare is thus an instructive case study of what Jutta Brunnée and Stephen Toope have identified as the key challenge for international law, that of “construct[ing] normative institutions while admitting and upholding the diversity of peoples in international society.” This article applies the framework of interactional international law set out in Brunnée and Toope’s recent bookLegitimacy and Legality in International Law, while raising questions about the weight that their analysis accords to practice and their willingness to conclude that widely recognized principles to which states fail to adhere in practice lack legal force. The article also examines how laws prohibiting cruelty to animals have emerged precisely from an interactive cultural exchange between East and West, in particular, between England and India. It concludes that Brunnée and Toope’s framework, although it does not deal at any length with general principles of law (a source of international law in which practice plays a relatively minor role), is nevertheless a useful tool for understanding how a culturally contested principle fits into international law and ultimately supports the view that there is a general principle of international law concerning animal welfare.


2013 ◽  
Vol 13 (3) ◽  
pp. 471-498 ◽  
Author(s):  
KATIE SYKES

AbstractEC–Seal Products has been characterized as a contest between local moral preferences about animal welfare, on the one hand, and global commitments to trade disciplines on the other. But that description fails to take into account the development of international legal norms concerning animal welfare and their relevance to this case, as well as to other potential disputes involving animal welfare measures that affect trade. The international dimension of animal welfare implicates two ongoing debates in international trade law: what the relationship should be between WTO law and general international law, and the extent to which ‘public morals’ under Article XX(a) of GATT can be locally defined or need to be internationally shared. This Article examines the argument that there is a general principle of international law concerning animal welfare, and analyzes the role that international norms regarding animal welfare should play in EC–Seal Products.


2019 ◽  
Vol 3 (6) ◽  
pp. 753-758
Author(s):  
Silvia Woll

Innovators of in vitro meat (IVM) are convinced that this approach is the solution for problems related to current meat production and consumption, especially regarding animal welfare and environmental issues. However, the production conditions have yet to be fully clarified and there is still a lack of ethical discourses and critical debates on IVM. In consequence, discussion about the ethical justifiability and desirability of IVM remains hypothetical and we have to question those promises. This paper addresses the complex ethical aspects associated with IVM and the questions of whether, and under what conditions, the production of IVM represents an ethically justifiable solution for existing problems, especially in view of animal welfare, the environment, and society. There are particular hopes regarding the benefits that IVM could bring to animal welfare and the environment, but there are also strong doubts about their ethical benefits.


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