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Animal Law, Volume 13 Number Two 2006-2007 (links to articles in .pdf format)

 

 

Introduction

 

 

THE ANIMAL QUESTION: THE KEY TO COMING TO TERMS WITH NATURE

by Jim Mason

 

 

197

 

Articles

 

 

WHY “MANAGING” BIODIVERSITY WILL FAIL: AN ALTERNATIVE APPROACH TO SUSTAINABLE EXPLOITATION FOR INTERNATIONAL LAW


by Kyle Ash

The role of humans in mass extinctions necessitates an assessment of the collective human psychology responsible for the degradation of Earth’s life support systems. In this paper, the Author will cite instruments and discourse relevant to international environmental law to illustrate how an antiquated conception of biological hierarchies is condoned whenever other species are mentioned. As reflected in the law, humans do not just believe we are existentially unconnected with the rest of life, but that we have more right to live on the planet. This, ironically, allows us to rationalize activities that destroy the planet, even for ourselves. Nature is biodiversity. Reason and instinct implore reverence for nature. We cannot possibly retain respect and humility for the interdependent ecologic elements allowing for the appearance and continued existence of Homo sapiens when we consider those elements subordinate to us. It is therefore necessary to discuss legal and practical possibilities for maximizing the interests of humanity now and forever by not ignoring and rebuking the interests of all other life. Despite the absent roots in customary international law, recent legal developments and basic principles of law may be the seed for realizing a novel framework for international environmental law based on a principle of interspecies equity.

 

 

 

209

 

 

ANIMAL TESTING IN COSMETICS: RECENT DEVELOPMENTS IN THE EUROPEAN UNION AND THE UNITED STATES

by Laura Donnellan

Animal welfare has become a recent issue in the policy of the European Union. Since the creation of the European Economic Community (EEC) in 1957, the welfare of animals was only considered in relation to the proper functioning of the common market. Animals were seen as commodities whose interests were intertwined with agricultural and environmental policy. Over the years, the position has changed somewhat. Although a Treaty basis exists for animal welfare, the protection of animals has not yet been recognized as an important policy area of its own, and thus worthy of legal protection. As a positive step in recognizing the unnecessary suffering of animals, the Cosmetics Directive will be the focus in the first part of this article. The amendments to the Cosmetics Directive to prohibit the testing of animals in cosmetics culminated in the case of France v. European Parliament and the Council of the European Union. The European Court of Justice and the Advocate General held against France and upheld the seventh amendment of the Cosmetics Directive. Similar measures were adopted in California, which will be discussed in the second half the article. Chapter 476, now a California statute, has banned animal testing except where there are no validated alternatives available. Chapter 476 is not without its critics, owing to its omission of standing for animal welfare groups. This has been the subject of both academic and judicial debate, and the analysis suggests that it will prove difficult for such groups to establish standing. Nevertheless, California is the first state to introduce legislation that prohibits the testing of cosmetics on animals, and this has prompted others to follow suit, with New York in the process of introducing similar legislation.

 

 

 

251 

HUMANE EDUCATION, DISSECTION, AND THE LAW

by Marcia Goodman Kramer

Students regularly encounter animal dissection in education, yet humane education receives little attention in animal law. This article analyzes the status of humane education laws in the United States. It discusses the range of statutory protections, from student choice laws to bans on vivisection. The article then analyzes the litigation options for students who do not wish to dissect, including constitutional claims and claims arising under student choice laws. The article concludes by calling for additional legislation to protect students who have ethical objections to dissection.

 

 281

Annual Features

 

 

2006 LEGISLATIVE REVIEW


by Marjorie A. Berger, Legislative Review Editor

 

 

 

299

 

2006 ANIMAL LAW-RELATED ARTICLES


by Brett Cattani, Associate Editor

Animal Law is pleased to introduce as a new annual feature a bibliography of animal law-related articles published in law reviews and law journals during the previous year. For ease of reference, each article has been placed into a relevant category and each category provides a non-exhaustive list of potential topic examples. Some articles may appear in more than one category. Although we have made every effort to be as comprehensive as possible and present a complete listing of 2006 articles, this list may not be all-inclusive. We hope this compilation will serve as a useful resource in exploring contemporary issues in the field of animal law.

 

 329