Results
| Title |
Author |
Citation | Summary |
|---|---|---|---|
| The Price of Fame: CITES Regulation and Efforts Towards International Protection of the Great White Shark | Julie B. Martin | 39 Geo. Wash. Int'l L. Rev. 199 (2007) |
After several failed attempts, the Convention on International Trade in Endangered Species of Wild Flora and Fauna (CITES) passed a proposal in October of 2004 to increase trade restrictions on the Great White Shark (white shark), also known as carcharodon carcharias, by placing it on Appendix II of its list of protected species. Trade in Appendix II species is restricted by the requirement that states parties issue export permits for all specimens or parts of specimens on the list. The adoption of this proposal is controversial among CITES member nations because of high market demands for white shark products. Although research on white sharks is limited due in part to the elusive nature of the species, all available research indicates that the population of white sharks is decreasing; in some areas the decline is in large, possibly unsustainable, numbers. This population decrease is particularly alarming because market demand remains a powerful motivation for continued depletion. |
| Exporting Morality with Trade Restrictions: The Wrong Path to Animal Rights | Gary Miller | 34 Brook. J. Int'l L. 999 (2009) |
Part I of this Note will critique normative moral theory with respect to its fundamental role in animal welfare proselytizing, its applicability to legal theory, and its usefulness as a basis for legal decision making. Part II will discuss international trade disputes arising over morality-based domestic import restrictions in order to examine why the GATT has consistently been interpreted to err on the side of free trade and consumer choice. Finally, Part III will argue that the DCPA is not only an ineffective and unenforceable law but also potentially counterproductive to the goals of the Western animal welfare movement and overly costly to global trade infrastructure in light of more effective alternatives. |
| (ELEPHANT) DEATH AND TAXES: PROPOSED TAX TREATMENT OF ILLEGAL IVORY | Angela Ostrowski | 21 Animal L. 221 (2015) | African elephants are poached for their ivory at alarming rates. If the current level of poaching continues, it is projected they will be extinct from the wild in the year 2025. Preserving the African elephant species is important from an animal rights, conservation, ecological, economical, and crime prevention perspective. The current penalties and fines for the illegal trade in ivory are not enough of a deterrent. One method of deterrence that has not yet been explored is the imposition of tax consequences on the illegal ivory trade. This Article proposes a number of ways to use the tax system to further deter participation in the illegal ivory trade. For tax purposes, illegal ivory should be treated similarly to other activities that have both legal and illegal operations, such as marijuana, gambling, and prostitution. Congress could impose an excise tax on ivory and an occupational tax on those who make or sell ivory products. In addition, there are several tax crimes in the Internal Revenue Code that are applicable to those who sell illegal ivory and do not report the income on their tax returns. For example, tax evasion is one of the related criminal activities associated with wildlife trafficking. Tax consequences will hopefully provide a further disincentive to those participating in the illegal ivory trade. |
| Talkin' Bout a Humane Revolution: New Standards for Farming Practices and How They Could Change International Trade as We Know It | Lesley Peterson | 36 Brook. J. Int'l L. 265 (2010) |
Part I of this Note analyzes the U.S.'s trade obligations under the GATT. Part II discusses the potential ability of various GATT provisions to support a trade measure banning battery cage eggs. Part III discusses the U.S.'s potential ability to create such an animal welfare provision. while upholding its obligations in the Agreements annexed to the GATT. The Note concludes that an appropriately tailored animal welfare measure banning battery cages for hens should be able to survive under the GATT and its annexed agreements. |
| THROWING CAUTION TO THE WIND: THE GLOBAL BEAR PARTS TRADE | Adam M. Roberts and Nancy V. Perry | 6 Animal L. 129 (2000) | The exploitation of bears occurs in a myriad of forms. Bear baiting, abuse of bears in entertainment, habitat destruction, and the legal and illegal trade of bear parts all contribute to the decline of the bear. The market demand for bear gallbladders and bile is on the rise and is negatively impacting bear populations worldwide. Mounting evidence points to a systematic pattern of killing bears in the United States and Canada in order to satisfy the demand for bear parts in consuming nations, primarily Asian markets. The bear parts trade is international in scope and difficult to regulate and contain. The current approach of trying to regulate the legal bear parts trade on a state-by-state basis in the United States and on a country-by-country basis globally has failed, and has actually facilitated the illegal trade. It is time to recognize the usefulness, if not the necessity, for national legislation uniformly prohibiting commercialization of bear viscera. In addition, an international moratorium on global trade in bear parts and derivatives is long overdue and much needed. |
| Throwing Caution to the Wind: The Global Bear Parts Trade | Adam M. Roberts and Nancy V. Perry | 6 Animal L. 129 (2000) |
A discussion of the scope of the bear parts trade around the world, and threats to bears caused by the demand for their gallbladders for use in traditional Chinese medicine. Discusses the failure of both international and domestic law to accurately address the problem, and the need for additional legislation. |
| Rock The Boat: The Plight of the Southern Bluefin Tuna | Alana R. Rubin | Animal Legal & Historical Center |
This paper examines what makes a Bluefin Tuna unique both scientifically and as an economic commodity. Further, the paper analyzes the current international laws and actions taken to address Southern Bluefin Tuna’s seemingly imminent extinction. The paper concludes by recognizing that while these efforts encouraged conservation, more government enforcement and leadership is needed to ensure the survival of Southern Bluefin Tuna. |
| Evading Extinction: A 21st Century Survey of the Legal Challenges to Wild Siberian Tiger Conservation | Julie Santagelo | 1 Journal of Animal Law 109 (2005) |
The Amur tiger, like all tigers, is threatened by its high black market value as an ingredient in traditional Chinese medicine. In fact, the illegal wildlife generates up to ten billion United States dollars per year, trailing only the illegal narcotics and arms trade in annual revenue. The 1989 opening of the Russian-Chinese border exacerbated this illegal trade within the Russian Federation. The Amur tiger also suffers from a reduction of its prey base due to subsistence poaching of ungulate species and rampant logging. This reduction in wild prey has resulted in increased tiger-human conflicts such as livestock depredation, further reducing the locals’ incentive to protect tigers. |
| The Future of the African Rhinoceros: Its Anything But Black & White | Robert Saxton | Animal Legal & Historical Center |
This paper will briefly review the biology and ecology of the various African rhino species and subspecies before presenting a description of the major current threats to African rhinos. The international legal response to rhino population declines will be outlined, followed by a discussion of concurrent rhino population trends. Suggestions for the future legal protection of rhinos will follow. |
| Overview of Australian Live Export Laws | JM Sosnowski | Animal Legal and Historical Center |
This article discusses live export laws in Australia. There has been much debate in Australia as to whether the live export industry should be banned and the legislation has recently been reformed. This article discusses the effectiveness of the reform and the general weaknesses of the legislation. |