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Protecting Animals Within and Across Borders: Extraterritorial Jurisdiction and the Challenges of Globalization

ISBN13: 9780190948313
Published: July 2019
Publisher: Oxford University Press USA
Country of Publication: USA
Format: Hardback
Price: £55.00

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Extraterritorial jurisdiction stands at the juncture of international law and animal law and promises to open a path to understanding and resolving the global problems that challenge the core of animal law. As corporations have relocated and the animal industry (agriculture, medical research, entertainment, etc.) has dispersed its production facilities across the territories of multiple states, regulatory gaps and fears of a race to the bottom have become a pressing issue of global policy.

This book provides enough background to allow readers to understand why extraterritorial jurisdiction must respond to these developments, counters objections that readers might raise, and describes how to improve animal law in tandem. The heart of the work is a fully-fledged catalogue of options for extraterritorial jurisdiction, which states can employ to strengthen their animal laws. The book offers top-down perspectives drawn from general international law and trade law, and complements them by a bottom-up up view from the perspective of animal law. The approach connects the law of jurisdiction to substantive law and opens up deeper questions about moral directionality, state and corporate duties owed animals, and the comparative advantages of constitutional, criminal, and administrative animal law. To ensure that extraterritorial animal law does not become complicit in oppressing ethnic and cultural minorities, the book offers critical interdisciplinary perspectives, informed by posthumanist and postcolonialist discourse.

Readers will further learn when and how extraterritorial jurisdiction violates international law, and the consequences of exercising it illegally under international law. This work answers questions about how and why extraterritorial jurisdiction can overcome the steepest hurdles for animal law and help move us toward a just global interspecies community.

Animal Law
Introduction: Protecting Animals in an Age of Globalization
Chapter 1: Mapping the Territory of Animal Law
Chapter 2: Shifting Dimensions of Animal Law
Chapter 3: The Unanswered: Indirectly Protecting Animals through the GATT
Chapter 4: The Ignored: Indirectly Protecting Animals through the TBT, the SPS, the ADA, the AoA, and the
Chapter 5: The Unexplored: Direct Extraterritoriality
Chapter 6: Extended Jurisdiction through Foreign Policy, Soft Law, and Self-Regulation
Chapter 7: Lex Ferenda: Direct Extraterritoriality
Chapter 8: Parameters of Substantive Law
Chapter 9: Comparative Vantage Points of Extraterritorial Animal Law
Chapter 10: Legality of Extraterritorial Jurisdiction under International Law
Chapter 11: Conclusion: Toward Legal Pluralism, Postcolonialism, and Interspecies Justice