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Vol 22 No 10 Oct/Nov 2017

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The Laws Protecting Animals and Ecosystems

ISBN13: 9781118876459
Published: November 2017
Publisher: Wiley-Blackwell
Country of Publication: UK
Format: Hardback
Price: £95.00

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There 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 in major English speaking countries.

Dr. Rees, senior lecturer in the School of Environmental and Life Sciences at the University of Salford, has been teaching wildlife law for 20 years and ecology for over 35 years and is ideally placed to write this book.

Animal Law, Environmental Law
About the author
What is this book for?
Explanatory notes 11
The meaning of some terms used in the law
A note on sex
Abbreviations and Acronyms
Introduction ;
PART I – Legal principles and concepts
Chapter 1 Legal systems, national, European and international
1.1 Legal jurisdictions
1.2 National laws
1.2.1 What is national law?
1.2.2 The process of enacting new national laws
1.2.3 Delegated legislation
1.2.4 Looking for national laws
1.2.5 Federal systems of law
1.3 The European Union and European law
1.3.1 Principles
1.3.2 Institutions
1.3.3 EU Primary legislation
1.3.4 EU Secondary legislation
1.3.5 The role of the European Court of Justice (ECJ)
1.4 International law
1.4.1 Sources of international law
1.4.2 Principles
1.4.3 Titles
1.4.4 How a treaty is formed
1.4.5 Structure of international treaties
1.4.6 Soft law
1.4.7 Memoranda of understanding
1.4.8 International institutions
1.5 Case law and law reports
1.5.1 How are legal cases named?
1.6 Amending the law
1.7 Where to find the law
1.7.1 Legal encyclopaedias and websites
1.7.2 Where to find UK laws
3 Where to find US laws
1.8 Reading legislation
1.9 Legal journals
Chapter 2. Legal principles
2.1 Legal personality, locus standi and ultra vires
2.1.1 Legal personality
2.1.2 Locus standi and pressure groups
2.1.3 Judicial review and ultra vires
2.2 Ethics, precaution, equity, and presumptions of guilt
2.2.1 Environmental ethics and animal rights
2.2.2 Intrinsic value
2.2.3 Precautionary principle
2.2.4 Rights of future generations: inter-generational equity
2.2.5 Strict liability and the burden of proof in wildlife offences
Chapter 3 Beliefs, ethics and history
3.1 Totems, creation myths and fadies – the protection of animals and ecosystems by ancient beliefs
3.2 Ancient beliefs as a threat to wildlife
3.3 Animals and religion
3.4 A short and incomplete history of the laws protecting animals, plants and ecosystems
Chapter 4 Ownership of, and responsibility for, animals and access to wild places;
4.1 Who owns wildlife?
4.2 Theft of wildlife
4.3 Who is the keeper of an animal?
4.4 Liability for the action of animals.
4.5 Rights of access to open land and water
Chapter 5 Definitions of different categories of living things
5.1 Introduction
5.2 The binomial system of nomenclature
5.3 Definitions of a species?
5.4 What’s in a name? Problems with definitions
5.5 What is an animal?
5.6 What is a plant?
5.7 Defining habitat types
5.8 Definitions of wildlife and types of organisms
5.8.1 Wildlife and nature
5.8.2 Wild bird
5.8.3 Fishes
5.8.4 Game and furbearers
5.8.5 Parts, trophies and specimens
5.8.6 Alien species and animal and plant pests (weeds)
5.8.7 Captive and domestic animals
5.8.8 Dangerous animals and species
5.8.9 Farm animals and livestock
5.8.10 Companion animals, assistance animals and working dogs
5.8.11 Case law and definitions
PART II Mechanisms and enforcement
Chapter 6  Legal mechanisms I: the protection of wild animals and plants
6.1 Introduction
6.2 The species approach to wildlife conservation
6.2.1 Creating new organisations to protect specific taxa
6.2.2 Listing protected species – schedules, appendices and annexes
6.2.3 Problems with hybrids
6.3 Killing and harassment of animals and plant exploitation
6.3.1 Prohibition of taking, killing and capturing wild animals
6.3.2 Taking of females and their young
6.3.3 Protection from disturbance and harassment
6.3.4 Protection of breeding and sheltering places
6.3.5 Protection of birds’ eggs
6.3.6 Prohibition on picking, uprooting etc. of plants
6.3.7 Exemptions and the licensing of otherwise prohibited activities
6.4 Regulation of the methods and timing of taking, killing and capturing
6.4.1 Regulation of methods
6.4.2 Close seasons and emergency orders
6.5 Sustainable use of resources – hunting, fishing and bioprospecting
6.5.1 Prohibition of the exploration of biological resources
6.5.2 Use of resources by indigenous peoples
6.5.3 No take zones
6.5.4 Exclusive economic zones
6.5.5 Restrictions on the size of animals that may be taken
6.5.6 Sport hunting
Chapter 7 Legal mechanisms II: the protection of habitats and ecosystems
7.1 Defining ecosystems and habitats
7.2 The protection of the Earth’s ecosystem and sites of global importance
7.2.1 World Heritage Sites
7.2.2 Biosphere reserves
7.2.3 Global protection of biodiversity
7.2.4 The protection of the global ecosystem: climate change
7.2.5 The protection of polar areas
7.2.6 Protection of freshwater habitats
7.2.7 Protection of marine waters
7.2.8 The protection of forests, trees and hedgerows
7.3 Protected areas and the protection of migratory routes
7.3.1 Privately owned nature reserves
7.3.2 The establishment of protected areas
7.3.3 Prohibition of certain activities in protected areas and forests
7.3.4 Protection of migration routes
7.3.5 Powers to acquire land
7.3.6 Conservation easements
7.3.7 Is there a need for airspace reserves?
Chapter 8 Legal mechanisms III: restoration, trade and conflicts
8.1 The restoration of populations and ecosystems
8.1.1 Reintroduction of animals to the wild
8.1.2  Recovery plans, action plans and abatement plants
8.1.3 Restoration of rare and threatened habitats
8.1.4 Role of ex-situ conservation
8.1.5 Conservation of biodiversity – duty imposed on government departments etc.
8.1.6 Identification of animals bred in captivity
8.1.7 Prohibition on the introduction, spreading or release of exotic and pest species
2 Restrictions on the trade and exhibition of protected species
8.2.1 The historical importance of wildlife as symbols of power and friendship
8.2.2 Restrictions on transportation and trade
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
8.2.5 Product labelling
8.3 Problem animals and human-animal conflict
8.3.1 Problem animals and food
8.3.2 Confining domestic and problem animals
8.3.3 Problem animal control
8.3.4 Reduction of human-animal conflict
Chapter 9 Legal mechanisms IV: planning, knowledge, funding and enforcement
9.1 Planning policy and nature conservation
9.1.1 Requirement for an Environmental Impact Assessment
9.1.2 EIA in the European Union
9.2 Gathering and disseminating information
9.2.1 Identification and monitoring of wildlife
9.2.2 Public education and awareness
9.2.3 Transfer of knowledge and exchange of information
9.2.4 Promoting research
9.3 Funding and legislation
9.3.1 Transfer of funding between rich and poor states
9.3.2 Allocation of government funding for conservation
9.3.3 Agricultural payments
9.3.4 Fund raising for conservation
9.3.5 Tax benefits for conservation
9.3.6 Improving legislation and its enforcement
Chapter 10 Animal welfare and the law
10.1 Introduction
10.2.1 Defining cruelty
10.2.2 The five freedoms
10.2.3 Animal cruelty and violence towards humans
10.2.4 Provision of veterinary treatment
10.3 Animal rights legal cases
10.4 Legal mechanisms used to protect and control domestic and captive animals
10.4.1 Limitation on, or prohibition of, excessive physical activity and types of restraint
10.4.2 Provision of sanctuaries for retired working and laboratory animals
10.4.3 Limitation on feeding methods
10.4.4 Prohibition of mutilation and other cruel practices
10.4.5 Regulation of animal experiments
10.4.6 Requirement for owners of animal to provide proper care and accommodation
10.4.7 Provision of public education
10.4.8 Licensing of premises used for keeping, breeding, boarding, selling and exhibiting animals
10.4.9 Control and licensing of domestic animals
10.4.10 Prohibition of animal fighting
10.4.11 Protection of animals used in entertainment and gambling
10.4.12 Regulation of the transportation and movement of animals
10.4.13 Control of diseased wild animals
10.4.14 Humane and religious slaughter
10.4.15 Bestiality
Chapter 11 Crime detection and law enforcement
11.1 Wildlife crime reporting
11.2 Wildlife crime forensics
11.3 Criminal and civil sanctions
11.4 Liability of employers, principals and bodies corporate
11.5 Inspectors, animal control officers, water bailiffs and other specialist officers
11.5.1 Inspectors and other specialist officers
11.5.2 Forest officers
11.5.3 Wildlife wardens and rangers
11.5.4 Specialist conservation and wildlife police
11.5.5 International police and wildlife crime organisations
11.5.6 The role of non-governmental organisations in enforcing animal cruelty laws
11.5.7 NGOs and enforcement
11.5.8 Statutory nature conservation agencies
11.6 Penalties
11.6.1 Death
11.6.2 Imprisonment
11.6.3 Fines
11.6.4 Ban on keeping animals/ seizure of animals
11.6.5 Closure of facilities keeping animals
11.6.6 Seizure or forfeiture of firearms, vehicles, equipment and other items
11.6.7 Injunction
11.6.8 Restoration of ecosystems
11.7 The enforcement of international law
11.7.1 International Court of Justice (ICJ) and case law
11.7.2 International sanctions
Part III – Major national, European and international laws which protect animals, plants and ecosystems
Chapter 12 National laws
12.1 United Kingdom
12.2 United States of America
12.3 Canada
12.4 Australia
Australian state laws
12.5 New Zealand
12.6 India
12.7 Kenya
12.8 Nigeria
12.9 South Africa
12.10 Tanzania
12.11 Thailand
Chapter 13 European laws
13.1 Directives and Regulations
13.2 EU case law
Chapter 14 International laws
Appendix I
Appendix II. A chronology of major legislation affecting animals and nature conservation in the UK
Appendix III. A chronology of major legislation affecting animal and nature conservation law in the United States of America
Table of laws and cases