Browse by title

You are looking at 11 - 20 of 770 items :

  • Environmental Governance and Regulation x
Clear All
You do not have access to this content

Michael Bowman

From the time of its emergence, the modern international legal order has tended to evolve desultorily and reactively to political events, and without sufficient regard to any underlying philosophical principles or informing corpus of scientific knowledge. Insofar as it rests upon any intellectual foundations at all, these are essentially the speculations and assumptions of the eighteenth century European Enlightenment, which, despite their manifest inadequacies, have never been seriously re-examined. Accordingly, while the public international legal system contains numerous rules and principles designed for the protection of both humans and other life-forms, and at the individual and the collective levels alike, there is very little sign of coherence, coordination or due comparative cogency amongst them, resulting in a legal order that is fragmented and insufficiently effective – indeed, in certain respects positively counter-productive. Yet, through a scientifically and philosophically informed examination of these rules, and of the values that appear to underpin them – above all, the concept of dignity – it should now be possible to initiate the development of a truly coherent and convincing bioethical foundation and framework for protection, in more faithful reflection of the qualities of rationality and conscience that we humans have always claimed to possess.

This content is available to you

Werner Scholtz

The legal and moral significance of animals has generated a considerable corpus of scholarship. The discourse in relation to the moral significance of animal interests is characterised by the juxtaposition of advocates of animal welfare on the one hand and animal rights on the other. In general, law responds to animal interests through welfare legislation, which regulates the ‘humane’ treatment of non-human animals in order to mitigate animal suffering. Domestic jurisdictions respond to animal welfare concerns through anti-cruelty legislation. However, animal welfare legislation applies predominantly to domestic and agricultural animals. The situation in relation to the regulation of wildlife, both on the domestic and international plane, differs considerably from the approach to domestic and agricultural animals. Legal scholars have criticised the lack of wildlife welfare protection. The views in relation to the ignorance on wildlife range from despair expressed by one commentator who argued that ‘wild animal welfare law is sparse, bordering on the non-existent at the international level’ to glimmers of hope in the recognition that international environmental law is not wholly agnostic in relation to this issue. It is, however, abundantly clear that wildlife law (of the majority of jurisdictions) as well as international wildlife law do not contain welfare protection as an objective but rather the focus of wildlife law is to pursue the sustainable use and conservation of wildlife law. This approach is indicative of the anthropocentric and instrumental ethic that underlies the disconnect between the objectives of animal welfare and conservation.

You do not have access to this content

Steven White

This chapter considers the regulatory implications of a developing international emphasis on wild animal welfare, addressing the contribution that could be made by regulatory studies to the task of designing standards and standard-setting processes that will best give effect to a revised norm for wild animal protection. The chapter provides a brief overview of existing international standards and standard-setting processes for the legal protection of wild animals, including international regulatory regimes directly focussed on wild animals, such as CITES, as well as those which may indirectly undermine or advance wild animal welfare, including trade and animal health. The central argument of this chapter is that as animal, wildlife and international lawyers widen their concern to include protection of wild animal welfare as a first-order issue, attention must be paid to the standard-setting processes through which this norm might be given expression. A key strategic decision here is whether attempts to introduce specific welfare protections should be achieved by an enlargement of existing international environmental or other regimes, or instead be achieved through new institutional arrangements. If the path to reform lies in deliberate, policy-driven action by the international community, as much as the incremental development of soft law, existing treaties and the judicial decisions of international bodies, new institutional frameworks may be required.

You do not have access to this content

Werner Scholtz

Conservationists argue that trade may be conducive to the conservation of endangered species. This approach has surfaced on the international plane in the context of the deliberations of the CITES COP as well as in South Africa, which recently published draft regulations on the domestic trade in rhinoceros horn. South Africa is home to the majority of African rhinoceroses and also faces a poaching crisis. The ‘sustainable utilisation through commercialisation’ approach, however, ignores the emergence of the importance of wildlife welfare in law. Hence, this chapter assesses the link between trade in rhinoceros horn and the conservation of rhinoceros in the context of the relationship between animal welfare and conservation.

You do not have access to this content

Joan E. Schaffner

Human animals protect that which we value. The type and amount of protection afforded is a function of the type and level of value assigned. Traditionally, humans have assigned instrumental economic value (of differing levels depending upon the context) to wild animals as commodities primarily for human consumptive uses, e.g. hunting and fishing, and some non-consumptive uses, e.g. viewing. However, wild animals exhibit other values for humans, and as sentient beings with interests of their own, have intrinsic value independent of their utility to humans. To a very modest degree, domestic anti-cruelty and welfare laws and provisions in international treaties that prohibit especially cruel methods of killing wild animals reflect an understanding of the intrinsic value of wild animals. However, the standards set often are inadequate to provide robust protection for wild animals and are difficult to enforce. A true appreciation for wild animals’ intrinsic value that justifies their moral significance is a key to providing greater legal protection for their interests and well-being.

You do not have access to this content

David Bilchitz

International law has had very little to say directly about the protection of animals and their interests. Nevertheless, there are a number of international agreements that have important implications for animals, such as CITES, which addresses issues relating to endangered species, and CBD, which focuses on the protection of biological diversity. The core concepts utilized in these treaties are notions such as ‘conservation’ and ‘sustainable utilisation’. In this chapter, I identify two approaches to interpreting these ideas. The ‘aggregative’ approach focuses on broad collective environmental goals such as the long-term survival of a species, the health of ecosystems and conserving biodiversity. The ‘integrative’ approach requires the adoption of an attitude of respect to the individuals that make up a species, an eco-system or the components of biodiversity. I argue that the integrative approach is preferable and only it can in fact succeed in achieving the very collective goals that the aggregative approach advocates. That means, in turn, that concepts like ‘conservation’ and ‘sustainable use’ are not to be understood in a manner that excludes the interests of individual animals but must be interpreted to include respect for individual creatures. Notions at the heart of international environmental law thus are not separate from those engaged in ethical theory relating to the interests of animals but integrated with those concerns. I contend, ultimately, that the goals currently contained within international environmental law must be integrated with a direct focus on the protection of individual animal interests intrinsically if the very purposes of those laws are to be attained.

You do not have access to this content

Sophie Riley

Wildlife law and concepts of animal welfare evolved at different times, for different reasons and along different pathways. Few treaty systems broach wildlife welfare, while at the national level, regimes cover a plethora of wildlife law and animal welfare issues, yet the two systems remain largely disengaged. Early welfare laws predominantly applied to domesticated animals, initiating a disconnect that became entrenched by management practices that classified animals in a useful/harmful dichotomy. Wildlife was thus seen as the problem, with little acknowledgement that many human–wildlife conflicts are, in reality, conflicts among humans and their differing uses of wildlife. It was also rare that balancing conflicts involved significant consideration of animal welfare. Using examples from Australian wildlife law, focusing on New South Wales, the chapter evaluates the relationship between policy, legislation and the lack of weight given to animal welfare in wildlife management. Deficiencies that are evident at both national and international levels suggest that an international solution would be appropriate. While proposals in the literature include expanding the purview of existing treaty systems and establishing a new international organization for animal welfare, the emerging concept of compassionate conservation shows the most promise for integrating animal well-being into wildlife regimes.

You do not have access to this content

Katie Sykes

The law of the World Trade Organization (WTO) may seem an unlikely place to look for progress towards integrating animal welfare with environmentalism and wildlife conservation. WTO law is often seen as an impediment to progress both of these issues, and the WTO, as an institution of international economic law, is not and should not be leading the way on new developments in this direction. However, significantly, the first decision of an international tribunal to overtly engage with animal welfare as a legitimate policy objective and as a serious concern for the global community – EC–Seal Products – comes from the WTO dispute settlement system. This chapter argues that WTO law can potentially contribute, even if indirectly and expressively more than directly or concretely, to a progressive development of wildlife protection law that recognizes the moral significance of animals as individuals. I argue that the groundwork for such a contribution is laid, in part, in some of the landmark WTO cases on the balance between trade and environmental regulation. An aspect of these leading cases that is often underemphasized is that they are also about the protection of animals, and links can be found here between species conservation and a fuller conception of animal protection. WTO jurisprudence is centrally concerned with the appropriate balance between trade liberalization and non-trade public policy objectives, and it is now clear that animal welfare, as well as species conservation, has weight in that balancing exercise.

You do not have access to this content

Global Environmental Governance and Small States

Architectures and Agency in the Caribbean

Michelle Scobie

Global Environmental Governance gives the perspectives of small states on some of the most important issues of the anthropocene, from trade, climate change and energy security to tourism, marine governance, and heritage. Providing an in depth analysis of global environmental governance and its impact on Caribbean small island developing states (SIDS) Michelle Scobie explores which dynamics and contexts influence current policy and future environmental outcomes for one of the most biodiverse regions of the planet.
You do not have access to this content

Felicia Peck

This chapter focuses on a shortcoming in global environmental politics (GEP) research: the largely neglected role of the material environment itself as a force upon environmental politics. The knowledge deficiencies that result from inadequate incorporation of environmental influences in political analysis are illustrated through the case of the role of “carbon” in climate governance, and examples of GEP research that are strengthened by attentiveness to the materiality of climate governance are given. Methodological approaches most apt to support the incorporation of materiality in GEP research include discourse analysis, multi-scalar consideration, and the pairing of inductively and deductively gathered evidence. The case of carbon and climate outlined in the chapter suggests that the efficacy of the carbon-based, econometric, and techno-managerial modes of global climate politics is in need of further investigation by scholars.