Animal law / Animal Rights Laws Books

Book SynopsisThe Endangered Species Act of 1973 (ESA) is one of the most cherished and reviled laws ever passed. It mandates protection and preservation of all the nation’s species and biodiversity, whatever the cost. It has been a lightning rod for controversy and conflicts between industry/business and environmentalists.The year 2023 marks the 50th anniversary of this law, and provides an opportunity for a measured and thorough evaluation thereof. We cannot know today’s challenges and opportunities without understanding their histories. This book is the most comprehensive history of the ESA ever published, and the first to consider the entire history of the law from all angles in a single volume.The history of the ESA has been one of increasing impact, complexity, and controversy. In 1978, the Supreme Court declared that Congress intended for the U.S. government to save all species at any cost, and thereafter application of the ESA became steadily more controversial, as seen in the example of the northern spotted owl and the timber wars in the Pacific Northwest in the late 1980s and early 90s, and then everywhere as the ESA became a political football in the highly partisan environment of the late 1990s and amendments to the law ceased.This book is not only a history, but a call to action. It will take more conservation, more funding, and more innovative solutions if we are to save our wildlife and biodiversity. It will take the engagement to every American to muster the collective will to meet this challenge. The hope of this book is that we will be able to look back and say that we accomplished more in the second 50 years of the ESA than we did in the first.Table of Contents List of Illustrations Guide to Acronyms and Terms Foreword Prologue: Peril and Promise Dedication Part I: The Evolution of the Endangered Species Act Chapter 1: The Evolution of Wildlife Management and the Extinction Crisis Prior to 1973 Wildlife in Early American History Sportsmen Emerge as the Driving Force for Wildlife Conservation Post-Civil War Views of Wildlife Protective Actions After 1900 The Development of Professional Wildlife Management The Early Days The Leopold Era The American Game Policy of 1930 Education, Funding, and Federal Aid The Evolution Towards Wildlife Protection Wildlife and Environmental Laws from the 1960s to Today 1973: A Watershed Year for Wildlife Management Chapter 2: The Creation of the Endangered Species Act – 1966, 1969 and 1973 The Endangered Species Preservation Act of 1966 The Endangered Species Conservation Act of 1969 Endangered Species Legislation: 1971 Endangered Species Legislation: 1972 The House – 1972 The Senate – 1972 1973 – The House 1973 – The Senate 1973 – Conference Committee and Final Approval Chapter 3: Implementing the Endangered Species Act of 1973: 1974–1980 The Nixon Administration and Passage of the Endangered Species Act The Ford Administration and Implementation of the Endangered Species Act Regulating Threatened Species Implementing Section 6: Cooperation with the States The 1976 Scrimshaw Amendment The Carter Administration and the End of the Environmental Consensus of the 1960s Continuing to Implement the Endangered Species Act Under the Carter Administration The 1977 Section 6 Amendment and an Ominous Congressional Omission The Infamous Tellico Dam and the Snail Darter Congress and the Tellico Dam The Endangered Species Committee Completing the Tellico Dam Further Amendments in 1978 Section 7 Consultation Listing Procedures and Critical Habitat Recovery Plans Other Significant Amendments in 1978 Minor Amendments in 1978 1979: Additional Minor Amendments to the Endangered Species Act The Endangered Species Act at the End of the 1970s. Chapter 4: The Endangered Species Act and the Reagan Administration: Reversals and Progress: 1980-1988 The Reagan Revolution The Reagan Administration in Action The Endangered Species Act Under Reagan 1982: A Second Major Amendment to the Endangered Species Act New Statutory Deadlines for ESA Functions Minor Amendments to Sections 4 and 6 Amendments to Section 7 New Provisions in 1982: Experimental Populations, Habitat Conservation Plans and a Foundation for the Future Experimental Populations Habitat Conservation Plans Endangered Species and International Trade: Implementation of the Convention on International Trade in Endangered Species of Wild Fauna and Flora 1979-1982: CITES and the Bobcat Controversy Fleshing out Endangered Species Act Regulations New Tools for Conservation Under Reagan The Reagan Administration and Management of Controversial Species Black-footed Ferrets and California Condors The Reagan Administration and Wolves 1985-1986: Wolf and Predator Management Controversies in Congress 1988: The Last Major Amendment to the ESAProvisions of the 1988 Amendment The Endangered Species Act After Reagan Chapter 5: The Northern Spotted Owl and the George H.W. Bush Administration: 1986-1994 The Northern Spotted Owl George H.W. Bush and Environmental Policy George H.W. Bush and the Endangered Species Act The Northern Spotted Owl and the Timber Wars The Timber Wars Continued – Managing Old-growth Forests and Spotted Owls The Timber Wars Saga – Failures of Planning Partisanship, Radicalization, and Legislative Gridlock 1992: Failure to Reauthorize the Endangered Species Act The 1992 Presidential Election The Northwest Forest Plan The Legacy of the Spotted Owl Chapter 6: The Clinton Administration: Partisanship and Partnership: 1992-2000 The Clinton Administration and the Environment The Endangered Species Act on the Defensive in the 104th Congress The Clinton Administration on the Defensive Improving the Endangered Species Act: “No Surprises” For Habitat Conservation Plans The Ten Point Plan Safe Harbor Agreements Candidate Conservation Agreements with Assurances The Policy for Evaluation of Conservation Efforts When Making Listing Decisions Crisis in the Listing Program: The 1995-1996 Government Shutdown and the Listing Moratorium The 1996 Presidential Election The Sweet Home Case Distinct Population Segments of Vertebrate Species The Clinton Administration and Wolves Improving Application of the Endangered Species Act The ESA in Congress in the Late 1990s The Endangered Species Act at the Turn of the Century Chapter 7: Litigation and Collaboration: The George W. Bush Administration: 2000-2008 The 2000 Presidential Election President George W. Bush and the Environment The Bush Administration’s Conservative Approach to Environmental Protection The Bush Administration and Forest Management Conserving Endangered Species Through Cooperation The Threatened and Endangered Species Recovery Act of 2005: Congress’ Most Serious Threat to the ESA Critical Habitat on Department of Defense Lands Controversy Surrounding Implementation of the Endangered Species Act Under George W. Bush Listing Species Under the Endangered Species Act Delisting Gray Wolves The Greater Yellowstone Ecosystem Grizzly Bear Listing the Polar Bear The Endangered Species Act in Transition: A Retrospective of the Bush Years Chapter 8: Progress, Reversals, and Uncertainty: Obama, Trump, and Biden: 2008-2021 The 2008 Presidential Election President Barack Obama, Congress, and the Environment The Obama Administration and the Endangered Species Act The Multidistrict Litigation and Listing and Delisting Species The Multidistrict Litigation Settlements and Collaborative Conservation: The Lesser Prairie Chicken Facilitating Collaborative Conservation: The Greater Sage-Grouse Embracing Compensatory Mitigation The Future of the Greater Sage-Grouse Formalizing Species Status Assessments and Conserving Pollinators Improving the Listing Process The “Significant Portion of Its Range” Policy and Other Endangered Species Act Issues The 2016 Presidential Election The Donald J. Trump Administration Environmental Policy Under Trump Revising Greater Sage-Grouse Management Plans Listing and Delisting Species Major Regulatory Changes to the ESA The 2020 Presidential Election The Biden Administration Biden Administration Appointees Biden’s Wildlife Policies Fifty Years of Implementing the Endangered Species Act Part II: Contemporary Issues of the Endangered Species Act Chapter 9: Federalism and Preemption: The Nationalization of American Wildlife Management and the Origins of State-Federal Tension Under the Endangered Species Act The Evolution of Federalism and Preemption From the Mayflower Compact to the US Constitution, 1620-1787 Defining the New Government and the Separation of Powers: 1787-1835 Westward Expansion, the First Industrial Revolution, Dual Sovereignty, and the Public Trust Doctrine: 1835-1861 The Civil War, Reconstruction, the Advent of the Second Industrial Revolution, the Enduring Public Trust Doctrine, and State Ownership of Wildlife: 1861-1896 America’s Changing Culture: Market Hunting, the Lacey Act, the Migratory Bird Treaty Act, and the Beginning of the Progressive Era: 1896-1910 The Ethos of the Industrial Revolution Drives the Progressive Movement into America’s Social Fabric and Laws: 1910-1919 Prohibition and Reform: The Emergence of the Administrative State: 1919-1933 The Great Depression, FDR’s New Deal, and a “New” Supreme Court Overwhelms States’ Rights: 1933-1941 The Competing Ideologies that Characterized the Progressive Movement and Beyond: 1890-1940 The Stone Court and the Development of the Presumption Against Preemption in Rice: 1941-1946 The End of the State Wildlife Ownership Doctrine Following World War II: 1946-1969 The Burger Court – State Ownership of Wildlife Declared a Legal Fiction and Anachronism: 1969-1986 The Rehnquist Court: A Continued Swing Towards Conservative Federalism and Preemption: 1986-2005 The Roberts Court and the Development of Area-Specific Jurisprudence: 2005-2022 The Future of Federal Preemption of State Authority Over Wildlife, and the Presumption Against Preemption Doctrine in Wildlife Cases The Endangered Species Act of 1973 and Federalism: The Interpretation and Application of Section 6 The Legislative History of Section 6 of the ESA The House Bill – H.R. 37 The States’ Role under H.R. 37 as Introduced House Committee Debates and Amendments The Senate Bill – S. 1983 The States’ Role Under S. 1983 as Introduced Senate Committee Debates and Amendments Conference Reconciliation and Presidential Approval The Erosion of the States’ Cooperative Role 1975 Regulatory Interpretation of Section 6 Section 6 ESA Amendments, 1976-1978 The 1979 Regulatory Interpretation of Section 6 Section 6 ESA Amendments, 1980 – 1982 Section 6 ESA Amendments – 1988 1994 Section 6(a) Policy 2016 Section 6(a) Policy Judicial Interpretation of Section 6 Confusion over the Extent of the ESA’s Preemption in 1992 Alaska’s Section 6(a) Claim The Future of State and Federal Cooperation and Coordination under the Endangered Species Act Contemporary Challenges for Federalism and State-Federal Cooperation in Wildlife Management Funding Endangered Species Conservation: The Achilles Heel of the ESA Chapter 10: The Constitutional Foundations of the Endangered Species Act The Commerce Clause Principles Nos. 1, 2 and 3: The Substantial Effect, Economic Principle, and Rational Basis Tests Principle No. 4: The De minimis and Aggregation Principle Principle No. 5: Habitat Modification/The Proximate Cause Test Principle No. 6: A Substantial Relationship to the National Interest The Treaty Clause The Spending Clause The Property Clause Chapter 11: Endangered Species Recovery and Delisting: Principles, Application, and Obstacles: Part I – Definitions and State and Private Programs Recovery Under the Endangered Species Act Standards for Recovery and Delisting Early Recovery Planning and Legislative Amendments Contents of a Recovery Plan Recovery in the Courts Case Study: Whooping Crane Recovery: Charting New Waters State and Private Leadership in Recovery Plan Development and Implementation Case Study: The Delmarva Fox Squirrel Case Study: The Kirtland’s Warbler Case Study: Private Conservation Efforts: The Peregrine Falcon Case Study: The California Condor Chapter 12: Endangered Species Recovery and Delisting: Principles, Application, and Obstacles: Part II – Federal Programs, Accomplishments, and Challenges Recovery Efforts by Federal Agencies National Wildlife Refuges The National Park Service The U.S. Forest Service and the Bureau of Land Management The Department of Defense The Sikes Act Case Study: The Red-Cockaded Woodpecker Red-Cockaded Woodpeckers and the Department of Defense Additional Woodpecker Conservation Efforts The Readiness and Environmental Protection Integration Program The Sentinel Landscapes Program The Record of Recovery Under the Endangered Species Act Case Studies in Rapid Recovery Case Study: Bald Eagle Case Study: American Alligator Post-Delisting Monitoring Downlisting Recovery Challenges: Inadequate Recovery FundingCase Study: Black-Footed Ferret Recovery Challenges: Inadequate Data and Planning for Recovery Recovery and Ecosystem Conservation Recovery and Delisting of Conservation Reliant Species Recent Progress and Future Prospects for Improvements to Recovery Planning Reflections on Fifty Years of Recovery Chapter 13: Collaborative Conservation: An Alternative to the Endangered Species Act: Part I – Collaborative Conservation Across America Collaborative Conservation Defined Early Collaboration in Conservation Tools of Collaborative Conservation Legal Mechanisms of Collaborative Conservation Farm Bill Funding for Collaborative Conservation Programs and Resources for Landowners Regulatory Certainty for Landowners Under the Endangered Species Act Collaborative Conservation in the Malpai Borderlands Region Collaborative Conservation and Grizzly Bear Recovery The Blackfoot Challenge: Managing Human/Wildlife Conflicts Through Partnership The Louisiana Black Bear The Black Bear Conservation Committee Louisiana Black Bear Conservation Louisiana Black Bear Recovery Innovative Approaches to Protecting Migration Corridors Voluntary Conservation in Maine The Pingree Forest Partnership Katahdin Woods and Waters National Monument The Atlantic Salmon The Downeast Salmon Federation The Downeast Lakes Land Trust The Penobscot River Restoration Trust The Longleaf Forest The Gopher Tortoise Chapter 14: Collaborative Conservation: An Alternative to the Endangered Species Act: Part II – Case Studies and Lessons Learned Greater Sage-Grouse Beginnings of Greater Sage-Grouse Conservation Planning Greater Sage-Grouse Conservation Federal Land Management Planning and Greater Sage-Grouse The Greater Sage-Grouse and Partisan Politics The Natural Resources Conservation Service’s Sage Grouse Initiative Other Sage-Grouse Conservation Programs Greater Sage-Grouse Conservation Success The Greater Sage-Grouse’s Future The Bi-State Sage-Grouse The Gunnison Sage-Grouse New England Cottontail The New England Cottontail Conservation Strategy New England Cottontail Conservation Partners New England Cottontail Results Forging a Future of Collaboration: Conservation Without Conflict Lessons of Collaborative Conservation The Promise of Collaborative Conservation – A Roadmap for Our Future Chapter 15: Wildlife Conservation and Biodiversity Fifty Years After the Endangered Species Act The Present Crises The Role of the Endangered Species Act Landscape-Scale Conservation The Record of the Endangered Species Act: Successes and Limitations People: The Missing Ingredient in Wildlife Conservation The Endangered Species Act: Funding and Incentives Improving the Endangered Species Act Accessing Funding Increasing Flexibility Enabling Partnerships The Present Opportunity Acknowledgements Appendix 1: Federal Environmental and Consumer-Protection Statutes and Agencies Established during the 1960s and 1970s Green Revolution Appendix 2: The Endangered Species Act of 1973, As Enacted Appendix 3: The Endangered Species Act of 1973, As Amended Today Bibliography Index

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Book SynopsisHistorically animal law has been a piecemeal legislative process of amendments and repeals. The slow progress of the legislation has finally resulted in the introduction of the two main criminal statutes affecting animals, the Animal Welfare Act 2006 and the Dangerous Dogs Act 1991. These two statutes account for almost all offences of animal abuse in every conceivable form relating to the duty of owners and their concurrent liability and responsibility. A Practical Approach to Animal Welfare Law is designed to be informative and interesting to a broad, lay audience. It covers all aspects of those two Acts as they affect animals in our care. This book analyses the law relating to the criminal responsibility of owners and their duty of care for the welfare of their animals including injuring and killing them. The prosecution of offenders is investigated through the enforcement powers of the inspectors and the consequent sentencing by the courts. In doing so it deals with all manner of animal abuse as well as dangerous dogs and dangerous people. The relevance of each Act to the various authorities is analysed, providing a practical guide for people involved in various everyday activities with animals and their behaviour. This book is an essential reference source for those whose work involves animal law – including academics, legal practitioners, local authorities and the police. Equally it will be a valuable source for those working in animal related areas such as breeding, exhibitions and the rights and welfare of animals by charitable organisations and sanctuaries. A Practical Approach to Animal Welfare Law concludes with an analysis of the role and status of animals in English Law. There is a unique discussion on reform and the future of animal welfare and animal rights. That analysis applies to many jurisdictions on a national and international level, particularly in relation to common law countries. This is no staid law book. The warmth and compassion of the author shines through the text, as he engages the reader in this difficult subject through case reports, stories, examples, analysis and discussion. Creating an exceedingly useful, insightful and interesting resource for a broad range of animal experts, workers and owners.

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Book SynopsisTrade Review‘This impressive book brings together and adds to the unique, creative, and thoughtful legal possibilities David Favre has posited for achieving meaningful improvements in the lives of animals. Built on a carefully argued ethical framework and focussing on companion animals - especially dogs - as a means of emotional and political engagement - Favre addresses a significant gap in much animal law scholarship. He is able to shift from a diagnosis of shortcomings in the law affecting animals to a rich account of a host of legal reforms - both modest and significant - which might be pursued. The book is highly readable, clear-sighted, and ultimately optimistic about the prospects of legal change for the betterment of the animals with which we share our lives and the planet.‘Table of ContentsContents: 1. Introduction to The Future of Animal Law : it’s a dog’s world 2. The arc of history: anti-cruelty, animal welfare, and animal rights 3. The modification of property law 4. The ethical framework for legal rights 5. Green shoots in law for companion animals 6. Animals in international law 7. Sovereign power and constitutional law in developing animal law 8. New legislation for the animals 9. Animal action in the courts 10. Private actions concerning ownership of animals 11. Final thoughts on the future of animal law Index

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Book SynopsisThere is currently no basic text in wildlife law suitable for the wide range of courses in wildlife conservation and animal welfare at both bachelors and masters level, or for the large number of people who work in conservation and animal welfare; The Laws Protecting Animals and Ecosystems fills the gap in this significant market for a basic law text applicable to students and professionals whose primary training is in biology but who require a basic understanding of the laws relating to the protection of animals and ecosystems. The text is applicable to a wide range of subjects, including wildlife conservation, animal handling, animal welfare, animal husbandry, and veterinary science. This foundational text supports those studying animal and ecosystem law by providing an overview of the basic legal principles, national and international laws, terminology, the legal mechanisms used to protect animals and ecosystems, and a compendium of the major animal welfare and conservation laws Table of ContentsAbout the author 8 What is this book for? 9 Acknowledgements 10 Explanatory notes 11 The meaning of some terms used in the law 12 A note on sex 13 Abbreviations and Acronyms Glossary Introduction 14 PART I – Legal principles and concepts15 Chapter 1 Legal systems; national, European and international 1.1 Legal jurisdictions 15 1.2 National laws 15 1.2.1 What is national law? 15 1.2.2 The process of enacting new national laws 16 1.2.3 Delegated legislation 17 1.2.4 Looking for national laws 19 1.2.5 Federal systems of law 19 1.3 The European Union and European law 19 1.3.1 Principles 19 1.3.2 Institutions 20 1.3.3 EU Primary legislation 21 1.3.4 EU Secondary legislation 21 1.3.5 The role of the European Court of Justice (ECJ) 23 1.4 International law 24 1.4.1 Sources of international law 24 1.4.2 Principles 24 1.4.3 Titles 25 1.4.4 How a treaty is formed 25 1.4.5 Structure of international treaties 26 1.4.6 Soft law 33 1.4.7 Memoranda of understanding 36 1.4.8 International institutions 36 1.5 Case law and law reports 38 1.5.1 How are legal cases named? 39 1.6 Amending the law 40 1.7 Where to find the law 41 1.7.1 Legal encyclopaedias and websites 41 1.7.2 Where to find UK laws 42 1.7. 3 Where to find US laws 42 1.8 Reading legislation 43 1.9 Legal journals 45 2. Legal principles46 2.1 Legal personality, locus standi and ultra vires 46 2.1.1 Legal personality 46 2.1.2 Locus standi and pressure groups 46 2.1.3 Judicial review and ultra vires 48 2.2 Ethics, precaution, equity, and presumptions of guilt 48 2.2.1 Environmental ethics and animal rights 48 2.2.2 Intrinsic value 51 2.2.3 Precautionary principle 52 2.2.4 Rights of future generations: inter-generational equity 54 2.2.5 Strict liability and the burden of proof in wildlife offences 55 Chapter 3 Beliefs, ethics and history58 3.1 Totems, creation myths and fadies – the protection of animals and ecosystems by ancient beliefs 58 3.2 Ancient beliefs as a threat to wildlife 60 3.3 Animals and religion 61 3.4 A short and incomplete history of the laws protecting animals, plants and ecosystems 62 Chapter 4 Ownership of, and responsibility for, animals and access to wild places68 4.1 Who owns wildlife? 68 4.2 Theft of wildlife 72 4.3 Who is the keeper of an animal? 72 4.4 Liability for the action of animals. 73 4.5 Rights of access to open land and water 75 Chapter 5 Definitions of different categories of living things78 5.1 Introduction 78 5.2 The binomial system of nomenclature 78 5.3 Definitions of a species? 80 5.4 What’s in a name? Problems with definitions 81 5.5 What is an animal? 82 5.6 What is a plant? 83 5.7 Defining habitat types 84 5.8 Definitions of wildlife and types of organisms 85 5.8.1 Wildlife and nature 85 5.8.2 Wild bird 86 5.8.3 Fishes 87 5.8.4 Game and furbearers 88 5.8.5 Parts, trophies and specimens 90 5.8.6 Alien species and animal and plant pests (weeds) 91 5.8.7 Captive and domestic animals 93 5.8.8 Dangerous animals and species 93 5.8.9 Farm animals and livestock 94 5.8.10 Companion animals, assistance animals and working dogs 95 5.8.11 Case law and definitions 97 PART II Mechanisms and enforcement98 Chapter 6 Legal mechanisms I: the protection of wild animals and plants98 6.1 Introduction 98 6.2 The species approach to wildlife conservation 98 6.2.1 Creating new organisations to protect specific taxa 98 6.2.2 Listing protected species – schedules, appendices and annexes 99 6.2.3 Problems with hybrids 103 6.3 Killing and harassment of animals and plant exploitation 104 6.3.1 Prohibition of taking, killing and capturing wild animals 104 6.3.2 Taking of females and their young 105 6.3.3 Protection from disturbance and harassment 108 6.3.4 Protection of breeding and sheltering places 110 6.3.5 Protection of birds’ eggs 112 6.3.6 Prohibition on picking, uprooting etc. of plants 112 6.3.7 Exemptions and the licensing of otherwise prohibited activities 114 6.4 Regulation of the methods and timing of taking, killing and capturing 116 6.4.1 Regulation of methods 116 6.4.2 Close seasons and emergency orders 125 6.5 Sustainable use of resources – hunting, fishing and bioprospecting 127 6.5.1 Prohibition of the exploration of biological resources 128 6.5.2 Use of resources by indigenous peoples 130 6.5.3 No take zones 135 6.5.4 Exclusive economic zones 136 6.5.5 Restrictions on the size of animals that may be taken 137 6.5.6 Sport hunting 139 Chapter 7 Legal mechanisms II: the protection of habitats and ecosystems145 7.1 Defining ecosystems and habitats 145 7.2 The protection of the Earth’s ecosystem and sites of global importance 145 7.2.1 World Heritage Sites 145 7.2.2 Biosphere reserves 146 7.2.3 Global protection of biodiversity 146 7.2.4 The protection of the global ecosystem: climate change 147 7.2.5 The protection of polar areas 148 7.2.6 Protection of freshwater habitats 149 7.2.7 Protection of marine waters 152 7.2.8 The protection of forests, trees and hedgerows 154 7.3 Protected areas and the protection of migratory routes 159 7.3.1 Privately owned nature reserves 160 7.3.2 The establishment of protected areas 161 7.3.3 Prohibition of certain activities in protected areas and forests 177 7.3.4 Protection of migration routes 181 7.3.5 Powers to acquire land 183 7.3.6 Conservation easements 183 7.3.7 Is there a need for airspace reserves? 184 Chapter 8 Legal mechanisms III: restoration, trade and conflicts186 8.1 The restoration of populations and ecosystems 186 8.1.1 Reintroduction of animals to the wild 186 8.1.2 Recovery plans, action plans and abatement plants 192 8.1.3 Restoration of rare and threatened habitats 194 8.1.4 Role of ex-situ conservation 195 8.1.5 Conservation of biodiversity – duty imposed on government departments etc. 196 8.1.6 Identification of animals bred in captivity 197 8.1.7 Prohibition on the introduction, spreading or release of exotic and pest species 197 8. 2 Restrictions on the trade and exhibition of protected species 201 8.2.1 The historical importance of wildlife as symbols of power and friendship 201 8.2.2 Restrictions on transportation and trade 201 8.2.3 Restriction on the exhibition of rare species 207 8.2.4 EIA in the USA: the National Environmental Policy Act (NEPA) of 1969 208 8.2.5 Product labelling 209 8.3 Problem animals and human-animal conflict 212 8.3.1 Problem animals and food 212 8.3.2 Confining domestic and problem animals 214 8.3.3 Problem animal control 216 8.3.4 Reduction of human-animal conflict 220 Chapter 9 Legal mechanisms IV: planning, knowledge, funding and enforcement222 9.1 Planning policy and nature conservation 222 9.1.1 Requirement for an Environmental Impact Assessment 222 9.1.2 EIA in the European Union 222 9.2 Gathering and disseminating information 224 9.2.1 Identification and monitoring of wildlife 224 9.2.2 Public education and awareness 225 9.2.3 Transfer of knowledge and exchange of information 226 9.2.4 Promoting research 226 9.3 Funding and legislation 227 9.3.1 Transfer of funding between rich and poor states 228 9.3.2 Allocation of government funding for conservation 228 9.3.3 Agricultural payments 230 9.3.4 Fund raising for conservation 231 9.3.5 Tax benefits for conservation 232 9.3.6 Improving legislation and its enforcement 234 Chapter 10 Animal welfare and the law234 10.1 Introduction 235 10.2.1 Defining cruelty 236 10.2.2 The five freedoms 237 10.2.3 Animal cruelty and violence towards humans 238 10.2.4 Provision of veterinary treatment 238 10.3 Animal rights legal cases 240 10.4 Legal mechanisms used to protect and control domestic and captive animals 241 10.4.1 Limitation on, or prohibition of, excessive physical activity and types of restraint 241 10.4.2 Provision of sanctuaries for retired working and laboratory animals 244 10.4.3 Limitation on feeding methods 245 10.4.4 Prohibition of mutilation and other cruel practices 245 10.4.5 Regulation of animal experiments 246 10.4.6 Requirement for owners of animal to provide proper care and accommodation 249 10.4.7 Provision of public education 255 10.4.8 Licensing of premises used for keeping, breeding, boarding, selling and exhibiting animals 255 10.4.9 Control and licensing of domestic animals 260 10.4.10 Prohibition of animal fighting 270 10.4.11 Protection of animals used in entertainment and gambling 272 10.4.12 Regulation of the transportation and movement of animals 277 10.4.13 Control of diseased wild animals 283 10.4.14 Humane and religious slaughter 284 10.4.15 Bestiality 286 Chapter 11 Crime detection and law enforcement287 11.1 Wildlife crime reporting 287 11.2 Wildlife crime forensics 287 11.3 Criminal and civil sanctions 288 11.4 Liability of employers, principals and bodies corporate 289 11.5 Inspectors, animal control officers, water bailiffs and other specialist officers 291 11.5.1 Inspectors and other specialist officers 291 11.5.2 Forest officers 295 11.5.3 Wildlife wardens and rangers 295 11.5.4 Specialist conservation and wildlife police 297 11.5.5 International police and wildlife crime organisations 300 11.5.6 The role of non-governmental organisations in enforcing animal cruelty laws 301 11.5.7 NGOs and enforcement 302 11.5.8 Statutory nature conservation agencies 303 11.6 Penalties 305 11.6.1 Death 305 11.6.2 Imprisonment 306 11.6.3 Fines 307 11.6.4 Ban on keeping animals/ seizure of animals 308 11.6.5 Closure of facilities keeping animals 309 11.6.6 Seizure or forfeiture of firearms, vehicles, equipment and other items 310 11.6.7 Injunction 311 11.6.8 Restoration of ecosystems 311 11.7 The enforcement of international law 313 11.7.1 International Court of Justice (ICJ) and case law 313 11.7.2 International sanctions 314 Part III – Major national, European and international laws which protect animals, plants and ecosystems316 Chapter 12 National laws316 12.1 United Kingdom 316 12.2 United States of America 323 12.3 Canada 325 12.4 Australia 325 Australian state laws 326 12.5 New Zealand 326 12.6 India 327 12.7 Kenya 327 12.8 Nigeria 328 12.9 South Africa 328 12.10 Tanzania 328 12.11 Thailand 328 Chapter 13 European laws328 13.1 Directives and Regulations 329 13.2 EU case law 332 Chapter 14 International laws334 Appendix I 338 Appendix II. A chronology of major legislation affecting animals and nature conservation in the UK 342 Appendix III. A chronology of major legislation affecting animal and nature conservation law in the United States of America 346 References 347 Table of laws and cases 355 Legislation 355 NATIONAL LAWS 355 EUROPEAN LAW 365 INTERNATIONAL LAWS 367 CASE LAW 369 RESOLUTIONS AND NOTIFICATIONS 370 Index 376

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Book SynopsisDo animals have legal rights? This pioneering book tells readers everything they need to know about animal rights law. Using straightforward examples from over 30 legal systems from both the civil and common law traditions, and based on popular courses run by the authors at the Cambridge Centre for Animal Rights, the book takes the reader from the earliest anti-cruelty laws to modern animal welfare laws, to recent attempts to grant basic rights and personhood to animals. To help readers understand this legal evolution, it explains the ethics, legal theory, and social issues behind animal rights and connected topics such as property, subjecthood, dignity, and human rights. The book’s companion website (bloomsbury.pub/animal-rights-law) provides access to briefs on the latest developments in this fast-changing area, and gives readers the tools to investigate their own legal systems with a list of key references to the latest cases, legislation, and jurisdiction-specific bibliographic references. Rich in exercises and study aids, this easy-to-use introduction is a prime resource for students from all disciplines and for anyone else who wants to understand how animals are protected by the law.Trade ReviewI think this is an absolutely fantastic book and will be a great resource for students. -- Russil Durrant * Victoria University of Wellington *Table of ContentsIntroduction 1. The Current Legal Status of Animals I. Introduction II. The Property Status of Animals III. Legislation Protecting Animals IV. Constitutional Law V. International Law VI. Animal Protection Laws in Practice VII. Conclusion 2. Welfarism vs Abolitionism, a Dichotomy? I. Introduction II. Classic Welfarism III. Abolitionism IV. New Welfarism V. Beyond the Dichotomy VI. Conclusion 3. Philosophical Foundations of Animal Rights I. Introduction II. Peter Singer’s Utilitarianism III. Tom Regan’s Deontological Approach IV. Martha Nussbaum’s Capabilities Approach V. Sue Donaldson and Will Kymlicka’s Political Theory VI. Critical Approaches to Animal Rights VII. Conclusion 4. The Legal Theory of Animal Rights I. Introduction II. Are Animals Fit to have Legal Rights? III. Do Animals Already have Legal Rights? IV. Would Animals Need to Become Legal Persons? V. Conclusion 5. Animal Rights and Human Rights I. Introduction II. Should Only Humans have Human Rights? III. Should Animals have Similar Rights to Humans? IV. How Could Human and Animal Rights be Reconciled Legally? V. Conclusion 6. Animal Rights in Litigation I. Introduction II. Animals and the Issue of Legal Standing to Bring an Action III. Animals as Subjects of Habeas Corpus IV. Fundamental Rights and Personhood Litigation Beyond Habeas Corpus V. Conclusion 7. Animal Rights in Legislation I. Introduction II. Domestic Proposals for Animal Rights Laws III. International Proposals for Animal Rights Laws IV. Drafting Animal Rights Laws V. Conclusion 8. Animal Rights as a Social Justice Movement I. Introduction II. The Animal Rights Movement as Abolitionist III. Animal Rights and Connections with Other Rights Movements IV. Learning Lessons V. Conclusion Conclusion

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Book SynopsisHere is an engaging, informative, and no-nonsense look at the everyday situations and issues—and their legal consequences—that affect dogs and their owners. Dished up with a good deal of humor, heart, and pragmatic counsel, every chapter covers a different issue that dogs and their pet parents may face at some time. Author Patti Lawson presents these issues conversationally—not couched in legalese—so every pet parent, grandparent, or sibling will know what to expect. With real-life stories and real court cases, this book covers topics people rarely think to ask about or research—until it’s too late:Fighting city hall when a dog runs afoul of the lawThe rights of pet parents to take their dogs on public transportationProviding for a canine companion after an owner’s deathKeeping custody of their pet should they divorce or separateConfiscation of a pet by a humane officer if they violate a city ordinanceHousing rights and those of their dogBreed-specific legislationand more.Pet parents can make sure their dog enjoys every legal right and protection available with the great advice and information Lawson presents in this book. This is the go-to guide for keeping your pooch out of the pound and you out of court.Trade Review"If you love your dog, this is the most important book you'll ever read. It just inspired me to make provisions for my pets so they are protected in any and every circumstance." —Jane Velez-Mitchell, New York Times–bestselling author, Editor JaneUnChained.com"This book belongs on every dog owner’s bookshelf. Don’t let the title fool you; this book covers far more than divorce. In the talented hands of Patti Lawson, Esq. who is both a dog owner and an astute attorney, it covers every possible legal issue a dog owner might encounter. From dog bites to what to do if you see a dog who is abused or neglected, Lawson lays it out in easy-to-read, almost lyrical prose." —Darlene Arden, certified animal behavior consultant and author of Rover, Get Off Her Leg"Patti Lawson’s insightful tips as a well-established attorney and a devoted dog enthusiast allow those in this difficult and often painful situation to clearly navigate their options and ultimately make the best choices for their beloved pet (child), as well as their human family. Divorce is tough no matter what the circumstances, but add a dog to the mix and the responsibility and angst for couples or families is emotionally devastating and challenging. This is an absolute must-read for any pet owner who may be facing this life altering event." —Abby Finer, television producer and author“Even the best-behaved dog can quickly find itself in a world of trouble. This book offers insight on how to best handle such situations from a legal perspective and, perhaps more importantly, practical advice on how to avoid them in the first place.” —Joe Simon, Esq."Filled with useful and practical advice to protect your dog. A should-read for any dog owner." —Richard Bruce Rosenthal, Esq., general counsel for The Lexus Project"This book covers everything from custody of pets in the middle of divorce proceedings to renting with a pet, animal abuse cases, medical rights, dog bites, trust funds and much, much more. . . . And I'm not the only one 'bow-wowed' by the great info in this book. . . . I give the absolute strongest recommendation to Patti Lawson's book." —Pet Sitters International Magazine"If you love your dog, this is the most important book you'll ever read. It just inspired me to make provisions for my pets so they are protected in any and every circumstance." —Jane Velez-Mitchell, New York Times–bestselling author, Editor JaneUnChained.com"This book belongs on every dog owner’s bookshelf. Don’t let the title fool you; this book covers far more than divorce. In the talented hands of Patti Lawson, Esq. who is both a dog owner and an astute attorney, it covers every possible legal issue a dog owner might encounter. From dog bites to what to do if you see a dog who is abused or neglected, Lawson lays it out in easy-to-read, almost lyrical prose." —Darlene Arden, certified animal behavior consultant and author of Rover, Get Off Her Leg"Patti Lawson’s insightful tips as a well-established attorney and a devoted dog enthusiast allow those in this difficult and often painful situation to clearly navigate their options and ultimately make the best choices for their beloved pet (child), as well as their human family. Divorce is tough no matter what the circumstances, but add a dog to the mix and the responsibility and angst for couples or families is emotionally devastating and challenging. This is an absolute must-read for any pet owner who may be facing this life altering event." —Abby Finer, television producer and author“Even the best-behaved dog can quickly find itself in a world of trouble. This book offers insight on how to best handle such situations from a legal perspective and, perhaps more importantly, practical advice on how to avoid them in the first place.” —Joe Simon, Esq."Filled with useful and practical advice to protect your dog. A should-read for any dog owner." —Richard Bruce Rosenthal, Esq., general counsel for The Lexus Project"This book covers everything from custody of pets in the middle of divorce proceedings to renting with a pet, animal abuse cases, medical rights, dog bites, trust funds and much, much more. . . . And I'm not the only one 'bow-wowed' by the great info in this book. . . . I give the absolute strongest recommendation to Patti Lawson's book." —Pet Sitters International Magazine

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Book SynopsisHow should we treat animals? The long-held belief that other animals exist solely for human use has undergone radical challenge in the past half century. How much further do we need to go to minimize, and even eliminate, animal suffering? The field of animal rights raises big questions about how humans treat the other animals with which we share the planet. These questions are becoming more pressing as livestock farming exerts an ever-greater toll on the planet and the animals themselves, and we learn more about their capacity to think and experience pain. This book shows why animals ought to have greater rights and what the world might look like if they did.Table of Contents1. Introduction 2. A Brief Intellectual History of Animal Rights 3. Rights, Interests and Choices 4. Case Studies: Animals in the Farm, Home, Zoo and Lab 5. Emerging issues: From Mollusc Rights to Animal Citizens 6. Engaging the Imagination: Turning Prejudice into Compassion 7. Conclusion: Beyond Animal Rights?

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Book SynopsisAt a time when the planet's wildlife faces countless dangers, international environmental law continues to overlook its evolving welfare interests. This thought-provoking book provides a crucial exploration of how international environmental law must adapt to take account of the growing recognition of the intrinsic value of wildlife.Animal Welfare and International Environmental Law offers compelling and timely arguments in favour of wildlife's inherent worth and proposes a progressive development of the law in response to its needs and interests. Taking into account recent trends in bioethics and conservation, these critical discussions of wildlife welfare have dramatic implications for the future of sustainable development and sustainable use. The book challenges assumptions by taking a perspective which decentres the needs of humans and instead emphasises the growing need to protect wildlife with compassion and care.This book will prove invaluable to both students and scholars of environmental law, animal law and international law more widely. It will also appeal to policymakers, legal scholars and NGOs dealing with the imminent needs of the earth's wildlife.Contributors include: D. Bilchitz, M. Bowman, S. Riley, J. Schaffner, W. Scholtz, K. Sykes, S. WhiteTrade Review‘This book is an integral building block for welfare-conscious wildlife law. Scholtz and the contributors to this collection deserve the greatest praise for their bravery and intellectual integrity in supporting a compassionate approach to conservation.’ -- Iyan Offor, The IUCN AEL Journal of Environmental Law'This book does two things very well. It demonstrates that the ethical imperative of treating non-human creatures with respect makes a better conceptual fit with the international legal order's basic tenets than is often assumed. At the same time, it starkly exposes the challenge of ensuring that attention for the welfare of individual animals does not impede the effectiveness of current policies for the conservation, recovery and sustainable use of healthy wildlife populations and ecosystems.' --Arie Trouwborst, Tilburg University, the NetherlandsTable of ContentsContents: 1. Introduction Werner Scholtz 2. Value, wild animals and law Joan E. Schaffner 3. Animals, humans and the international legal order: towards an integrated bioethical perspective Michael Bowman 4. Wildlife law and animal welfare: competing interests and ethics Sophie Riley 5. Shifting Norms in Wild Animal Protection and Effective Regulatory Design Steven White 6. Why conservation and sustainability require protection for the interests of animals David Bilchitz 7. Trading rhinoceros horn for the sake of conservation: dehorning the dilemma through a legal analysis of the emergence of animal welfare Werner Scholtz 8. WTO Law, the Environment and Animal Welfare Katie Sykes Index

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Book SynopsisDr Simon Brooman is Teacher and researcher in Animal law.Dr Deborah Rook is an Associate Professor of law at Northumbria University and has over 20 years' experience of teaching and researching in Animal law.Dr Rachel Dunn oversees the clinical and employability activities at Leeds Law School. She completed her PhD in 2017 which explored knowledge, skills and attributes developed in law clinics. Rachel continues to research legal education and is a specialist in animal law.Dr Deborah Legge is an Associate Lecturer in Law at the Open University and teaches public law, environmental and space law and is a practice tutor in the Open University law policy clinic. Her research interests intersect around environmental and animal issues particularly in the water and marine environment.

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Book SynopsisThis ground-breaking book sets out a comprehensive governance framework to raise the welfare of animals across EU agriculture and the agri-food chain. Diane Ryland argues that a global response is needed to promote animal wellbeing in agriculture, focusing on the importance of the relations between standard-setting bodies.Through a comparative analysis of major animal welfare standards, this book develops a transnational soft law hybrid governance model for animal welfare in agriculture. It examines, critically, animal welfare standards in the public and private spheres, investigating the links between the two and how they can be advanced. Drawing on extensive case studies, chapters explore animal welfare comprehensively for specific species and at various stages, in EU agriculture and the food supply chain. Ultimately, Ryland shows that concerned and informed consumers will be the drivers of change for effective global animal law.Animal Welfare Governance in EU Agriculture will be an invaluable resource for students and scholars in animal law, environmental law, regulation and governance, standardisation, and agricultural economics. It will also be an essential guide for activists and policymakers interested in improving the welfare of animals raised and traded in agriculture.Trade Review‘An illuminating exploration of animal welfare within the framework of the EU's Common Agricultural Policy. This insightful book offers a deep understanding of the intricate dynamics between policy, standards, and the well-being of animals in agriculture. A must-read for those seeking to navigate the complexities of animal welfare governance.’ -- Mariagrazia Alabrese, Sant’Anna School of Advanced Studies, ItalyTable of ContentsContents: Foreword Preface 1 Introduction to Animal Welfare Governance in EU Agriculture: hybrid standards, trade and values 2 Animal welfare in EU agriculture 3 EU soft law and policy 4 The EU Common Agricultural Policy 5 Private animal welfare standards: motivation and effect 6 Private farm assurance: a comparative review 7 Hybrid governance in a value chain 8 Conclusion to Animal Welfare Governance in EU Agriculture. A contribution to global animal law Index

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Book SynopsisThis unique book establishes potential future avenues within the law to enhance the welfare of animals and grant them recognized legal status. Charting the direction of the animal-human relationship for future generations, it explores the core concepts of property law to demonstrate how change is possible for domestic animals. As an ethical context for future developments, the concept of a ‘right of place‘ is proposed and developed.The Future of Animal Law focuses on dogs as companion animals who provide the political motivation for legislative change, contextualizing the role of companion animals within the concept of family and the future implications of this position. It compares the US approach with materials from other common law jurisdictions, illustrating how a number of existing laws support the claim that companion animals are already on the path to personhood. David Favre recommends model language for new animal friendly laws in addition to suggesting amendments to existing legislation including the US federal Animal Welfare Act. Forward thinking and innovative, this indispensable book will engage all those with an interest in the issues around enhanced welfare and rights for animals, including students, scholars, and lawyers involved in animal law, as well as leaders of non-profit organizations.Trade Review‘This impressive book brings together and adds to the unique, creative, and thoughtful legal possibilities David Favre has posited for achieving meaningful improvements in the lives of animals. Built on a carefully argued ethical framework and focussing on companion animals - especially dogs - as a means of emotional and political engagement - Favre addresses a significant gap in much animal law scholarship. He is able to shift from a diagnosis of shortcomings in the law affecting animals to a rich account of a host of legal reforms - both modest and significant - which might be pursued. The book is highly readable, clear-sighted, and ultimately optimistic about the prospects of legal change for the betterment of the animals with which we share our lives and the planet.‘Table of ContentsContents: 1. Introduction to The Future of Animal Law : it’s a dog’s world 2. The arc of history: anti-cruelty, animal welfare, and animal rights 3. The modification of property law 4. The ethical framework for legal rights 5. Green shoots in law for companion animals 6. Animals in international law 7. Sovereign power and constitutional law in developing animal law 8. New legislation for the animals 9. Animal action in the courts 10. Private actions concerning ownership of animals 11. Final thoughts on the future of animal law Index

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Book SynopsisThis thought-provoking book examines the rise of animal welfare as a serious policy concern in the international trade law regime. The central focus is an in-depth study of the background and legal analysis of the landmark EC - Seal Products case, which confirmed the importance of animal welfare in WTO law. The book explores how the WTO handled the relationship between trade disciplines and animal welfare, including the particularly challenging questions around Indigenous seal hunting rights.Katie Sykes argues that international trade law has made a significant contribution to global animal law. This is a notable development, considering that the WTO has long been seen as a threat to animal welfare. The book traces the evolution of animal welfare in the trade regime, the growth of global animal law, and the potential for new trade agreements to promote international cooperation on animal welfare. It offers a detailed account of animal welfare and animal conservation commitments in new trade agreements, as well as mechanisms for enforcement, cooperation, and citizen participation. Animal Welfare and International Trade Law will be a key resource for scholars and students of global animal law, international trade law, and trade and the environment. It will also prove valuable for legal practitioners, activists, advocates, and policymakers interested in how trade law tools can be used to improve international animal welfare standards.Trade Review‘This book provides the broad and rich social, legal, cultural, and economic context needed to examine the growing presence of animal welfare as a concern of international law. The author has identified the Seal case of the WTO as a tipping point for the realization of animal welfare as a legitimate topic within international law. In doing so the author provides a comprehensive scholarly discussion of basic questions such as what is international law and how does it arise?’ -- David Favre, Michigan State University, USTable of ContentsContents 1. Introduction to Animal Welfare and International Trade Law 2. The sea change of seal products 3. Legal theory, international law, and animal welfare 4. Global animal law 5. The international trade regime 6. Before Seal Products : trade, conservation, and animal welfare 7. The Seal Products case 8. New trade agreements and animal welfare 9. Conclusion to Animal Welfare and International Trade Law Index

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Book SynopsisVeterinary Law and Practice in Ireland examines current legislation and case law and how it reflects on veterinary practice and its operation. Legal issues such as employment law, contract law, professional negligence and duty of care are examined. Animal health, welfare practice, ethical considerations, adherence to good governance and mental health and well-being issues are all given consideration.Table of ContentsPart I Regulation Of The Profession • Chapter 1: The Veterinary Practice Act 2005 (As Amended) And The Veterinary Council Of Ireland • Chapter 2: Legal Standards In Veterinary Practice • Chapter 3: The Codes Of Professional Conduct For Veterinary Practitioners. • Chapter 4: Ethical Standards In Veterinary Practice • Chapter 5 Fitness to Practise Procedures of the Veterinary Council of Ireland Part II Civil, Professional And Contractual Obligations • Chapter 6: An Introduction To The Irish And European Legal Systems • Chapter 7: Contract Law And Veterinary Practice • Chapter 8: Professional Liability • Chapter 9: Data Protection Legislation • Chapter 10: Freedom Of Information Act And The Workplace • Chapter 11: The Veterinary Practitioner As An Expert Witness Part III: Public Health And The Role Of The Veterinary Profession In Society • Chapter 12 : The Role of the Veterinary Profession in Food Safety • Chapter 13: The Role of the Veterinary Profession in Animal Welfare Part IV Employment Law Rights and Obligations • Chapter 14: The Employment Relationship • Chapter 15: Restrictive Covenants in Veterinary Practice • Chapter 16: Workplace Procedures and Policies and the use of Mediation in Conflict Resolution Part V: Health, Safety And Wellbeing In Veterinary Practice • Chapter 17: Safety Health and Welfare at Work Act 2005 • Chapter 18: The Organisation of Working Time Act 1997 and Veterinary Practice • Chapter 19: Rights and Obligation of Pregnant Workers and Parental Leave Entitlements • Chapter 20: Self Care and Well-Being

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Book SynopsisA unique comparison of legal solutions referring to animals in Polish and German contract law, as well as EU law.

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Book SynopsisThis guide for live poultry market managers provides practical options for improving the hygiene and biosecurity of their markets. Structured as a series of questions based on real-life situations and problems, it contains information on appropriate ways to decontaminate markets (e.g. using detergents or disinfectants), and the equipment and vehicles that enter them.Live poultry markets are an important part of the poultry supply chain in many parts of the world. However, the emergence of avian influenza viruses that can cause severe disease in humans who work in or visit contaminated markets means that some long-standing practices are no longer acceptable.This manual does not provide a "one-size-fits-all" solution for markets, given that these vary from large wholesale markets with a daily throughput of tens of thousands of poultry to small roadside or village markets that operate once or twice per week. Instead, it offers a menu of options that can be used to find cost-effective solutions for a range of types of market.

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