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Tom Sparks, Visa Kurki and Saskia Stucki
Legal animal rights may, in the short term, offer an efficient means to improve the living conditions of animals and how they are treated by human societies. This article argues that this shift to adopt an animal rights framing of the human-animal interaction might also risk producing certain counterproductive effects. It suggests that there is a need for a broader reassessment of the relationships between the human and animal worlds. This article posits that the adoption of legal animal rights as a workable legal solution for the better protection of animals has been increasingly accepted because rights frameworks rely upon a core premise of Western jurisprudence, namely legal subjectivism and the epistemological and axiological assumptions it conveys. The article argues that such an individualistic and dualist approach to legal animal rights will ultimately reveal itself to be insufficient and unable to capture animals as members of concrete social and environmental entanglements. Rather, a true legal revolution is required, which would evoke an ecological understanding of law itself.
Han Jiang, Patricia Blazey, Yan Wang and Hope Ashiabor
This article examines the comprehensive reform of the Chinese environmental governance system since the early 2010s after the goal of constructing ecological civilization was integrated into China's state policies. Legislative changes have been undertaken in order to improve the environmental governance system and juridical environmental protection has been reinforced to tackle environmental challenges through a revised public interest litigation system. China's current environmental public interest litigation system consists of civil environmental public interest litigation and administrative environmental public interest litigation. Only procuratorates have standing in administrative environmental public interest litigation whereas environmental non-government organizations who are permitted to undertake civil cases are in practice marginalized. Individuals, on the other hand, do not have standing in either civil or administrative environmental public interest litigation cases. The ecological and environmental damages litigation system has been established in order to recognize government agencies that have standing in protecting environmental public interest.
Ed Couzens, Tim Stephens, Katie Woolaston, Manuel Solis, Kate Owens, Saiful Karim, Cameron Holley and Evan Hamman
In this article I show that the form of argument put forward by the climate change denial movement in the United States (US) closely resembles that used in Nazi Germany with regard to Nazi racial definitions. Each involves a rejection of scientific method. This rejection inherently lends itself to far-right politics, which is a philosophy of prejudice. The prevalence of such a philosophy in contemporary American political culture, exemplified through climate change denial, has arguably opened the door for a president of Trump's type. Nevertheless, the US Constitution is far more difficult to suspend than that of the Weimar Republic. As a result, US institutional safeguards against a philosophy of prejudice are likely to hold against a short-term assault on environmental justice in a way that the Weimar Republic's constitutional order did not against Nazism's assault on civil rights. The greater threat to environmental protection in the contemporary US situation is the slow erosion of democratic norms by the Trump administration.
Anna Grear and Julia Dehm
Chen Wei Zhu
Ambush marketing, sometimes also known as guerrilla marketing, comprises attempts to create an unauthorized association with mega-sporting events (such as the Olympic Games and the FIFA World Cup) without obtaining official sponsorship agreements. This article contends that the contemporary law of sports sponsorships against ambush marketing harbours a palpable but much-neglected sumptuary impulse, which has never before been adequately scrutinized. It shows that pre-modern sumptuary law strangely resonates with modern anti-ambush law's sumptuary obsession with the visual order of symbols and images as prestige signifiers. It also reveals an ongoing ‘intellectual property’ turn in the recent development of sumptuary anti-ambush law-making, whose ambition is to reify sports-derived sumptuary distinction into a thing-in-itself for nearly absolute ‘property’ protection. My argument is illustrated by a carefully selected number of ambush disputes including Australian Olympic Committee (AOC) v Telstra, which represents the latest development in this field of law.
The starting point of this article is a short documentary film that I and five colleagues produced in the course of the Business of Film module at Queen Mary University of London's Intellectual Property Law LLM Programme. During the process of production, we faced some borderline issues regarding our unauthorized uses of others’ copyright works. When we put ourselves into the copyright's author's shoes, three problems arose regarding our use of possible limitations and exceptions: the lack of guidance; the fear of liability; and the unharmonized status of limitations and exceptions at an international level. This article examines these problems from a copyright policy perspective and invites documentary festivals to undertake a mission of guiding new documentary directors through the complex, unharmonized world of copyright limitations and exceptions.