Results
Title | Author | Citation | Summary |
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PROTECTION OF ANIMALS THROUGH HUMAN RIGHTS | Tom Sparks | MPIL RESEARCH PAPER SERIES No. 2018-21 | This paper discusses the potential of a human rights framework to contribute to the growth and development of global animal law. Parts one and two of the essay take as their example the jurisprudence of the European Court of Human Rights, and examine the major trends in the Court’s judgments and admissibility decisions that directly or indirectly concern the rights or welfare of animals. It is concluded that the Court is not indifferent to the welfare of animals, but that animal welfare is instrumentalised: it is understood not as a good in itself, but is instead valued for its implications for human welfare and rights. Part three of the essay then considers the obstacles that the anthropocentrism of the human rights idea and the instrumentalisation of animal concerns present to the use of human rights frameworks to further the development of global animal law, as well as the opportunities that exist in the meeting of these paradigms. It concludes that although the telos of human rights law is different from that of animal law, nevertheless there exist many overlapping concerns within which mutually beneficial interactions are possible. |
TRADE IN AFRICAN ELEPHANT PRODUCTS | Species Survival Network | SSN SC Brief 49, 2003 | At COP12, it was agreed that Botswana, Namibia, and South Africa could export ivory to an as yet unidentified buyer, subject to certain conditions. The Standing Committee is required to interpret and define the language of these conditions, and to establish the process and time-frame within which decisions should be made as to their fulfillment. |
A Proposal to Regulate Farm Animal Confinement in the United States and an Overview of Current and Proposed Laws on the Subject | Elizabeth R. Springsteen | 14 Drake J. Agric. L. 437 (2009) |
This article will outline the farm animal confinement laws that have passed, the ones that have been brought in front of various legislatures but not passed, and give examples of the ones pending in front of state legislatures across the country. It will then discuss how animal agriculture can inform the public on these issues so that a regulatory system may be adopted that considers the health and welfare of the animals, but also allows for flexibility due to changing scientific developments and accepted animal husbandry practices. |
You Are What Your Food Eats: How Regulation Of Factory Farm Conditions Could Improve Human Health And Animal Welfare Alike | Anastasia S. Stathopoulos | 13 N.Y.U. J. Legis. & Pub. Pol'y 407 (2010) |
Part I of this Note discusses the current conditions on factory farms, including the suffering endured by the animals, the unsanitary and crowded conditions, the unwholesome contents of animal feed, and the drugs regularly administered to the animals. Part II describes how those conditions pose significant health risks for humans who consume factory-farmed meat and dairy products, including threats of antibiotic resistance, bacterial infections, cancer, heart disease, animal-origin influenza, and mad cow disease. Finally, Part III proposes six specific on-farm regulations that could drastically reduce such risks and explores whether the proposed regulations could be enacted by the FDA under the existing regulatory scheme. |
Detailed Discussion of Rodeos | Madison Steffey | Animal Legal & Historical Center | This paper discusses rodeos in its most narrow form, ignoring similar events such as livestock shows or fairs and rodeos in other countries. The paper begins by examining the origins of modern rodeos. It then discusses the format of most rodeos and how each animal is used. Relevant federal and state laws are discussed. The minimal protections of rodeo animals through federal and state laws leads to an examination of local city ordinances that offer more specific protections. Rodeo associations’ sway in regulation is also explored. The paper concludes with a determination that rodeo associations’ influence may finally be giving way to changes by animal advocates that are beneficial to the various people and animals involved in the rodeo industry, at least at the local level. |
Brief Summary of Rodeos | Madison Steffey | Animal Legal & Historical Center | This brief summary explores issues of animal welfare and rodeos. The summary explores the history of the Professional Rodeo Cowboys Association (PRCA) and the self-governing rules implemented by the organization. The few federal and state laws applicable to rodeo animals are discussed as well as local laws that have more stringent bans. |
Overview of Rodeos | Madison Steffey | Animal Legal & Historical Center | This overview provides a summary of laws dealing with rodeos. The applicable state and federal laws are discussed. |
Why Can't I Know How The Sausage Is Made?: How Ag-Gag Statutes Threaten Animal Welfare Groups And The First Amendment | Daniel L. Sternberg | 13 Cardozo Pub. L. Pol'y & Ethics J. 625 | The purpose of this Note is to investigate this clash and analyze the constitutionality of the five Ag-Gag statutes that specifically target surreptitious investigative techniques. Part I provides an overview of these state Ag-Gag statutes enacted around the United States. Part II summarizes the first constitutional challenge to an Ag-Gag statute - Animal Legal Def. Fund v. Hebert, which is pending in the U.S. District Court for the District of Utah. Part III analyzes the constitutionality of the provisions of Ag-Gag statutes that (a) provide a cause of action for civil restitution for the actual and consequential damages resulting from a violation of the statutes; or (b) implicate third parties by triggering state criminal laws such as aiding and abetting or conspiracy. Finally, Part IV summarizes the author's conclusions about the extent to which the First Amendment shields journalists and newsgathering organizations from prosecution under an Ag-Gag statute. |
The World Trade Organisation Rules: A Legal Analysis of Their Adverse Impact on Animal Welfare | Peter Stevenson | Journal of Animal Law |
An in-depth analysis of the language of WTO's GATT treaty requirements as they relate to state's attempts to provide for the welfare of animals. |
The World Trade Organization Rules: A Legal Analysis of their Adverse Impact on Animal Welfare | Peter Stevenson | 8 Animal L. 107 (2001) |
Mr. Stevenson analyzes the free trade rules of the World Trade Organisation and discusses their detrimental impact on certain measures designed to protect animals. Specifically, he discusses U.S. laws to safeguard dolphins and sea turtles, as well as proposed EU laws regarding leghold traps and cosmetic testing on animals. Mr. Stevenson provides an analysis of current WTO rule interpretation, identifies ways in which the rules should be reformed, and provides a less restrictive interpretation that would permit the existence of measures designed to improve animal welfare. |