|
The Future of the African Rhinoceros: Its Anything But Black & White |
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.
|
|
The (Inter)national Strategy: An Ivory Trade Ban In The United States And China |
This Note argues that a near-complete ban in ivory trade not only raises difficult domestic legal issues, but also does little to stop elephant poaching in Africa. Further, enacting a similar ban in China is not only unrealistic, but also would increase the illegal trade and, therefore, the slaughter of elephants in Africa. Part I explains the history of illegal ivory trade and describes the current legal environments in the United States and China. Part II presents the domestic legal and policy implications of an ivory ban, and analyzes the potential difficulties with implementing a similar ban in China. Part III argues that while the United States should stringently regulate the domestic ivory market, a near-complete ban is unreasonable. Further, a similar ban in China is not a practical solution; Chinese officials must consider strategies to optimize existing laws and gain public support. |
|
Talkin' Bout a Humane Revolution: New Standards for Farming Practices and How They Could Change International Trade as We Know It |
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.
|
|
Steiner v. U.S. |
Defendants were charged with knowingly and willfully, with intent to defraud the United States, smuggling and clandestinely introducing into the United States merchandise, namely, psittacine birds, which should have been invoiced; by fraudulently and knowingly importing merchandise and by knowingly receiving, concealing and facilitating the transportation and concealment of such merchandise after importation, knowing the same to have been imported into the United States contrary to law. Appellants contend that the birds mentioned in count 1 were not merchandise, within the meaning of 18 U.S.C.A. § 545. The court found there was no merit in this contention. Further, this importation subjected defendants to the felony provision of the Lacey Act and defendants were properly sentenced under the felony conspiracy portion of the Act.
|
|
Statement of Need for the Convention for the Protection of Animals |
This paper is a quick summary of why there is a need for an international convention for the protection of animals.
|
|
Song v Coddington |
The appellant was charged and convicted of being a person in charge and authorising the carriage of a number of goats in cages which did not allow those goats to stand upright. The appellant was a veterinary doctor employed by the Australian Quarantine Inspection Service and authorised under the Export Control (Animals) Orders 1987 to certify animals for export. On appeal, it was determined that for the purposes of the Prevention of Cruelty to Animals (General) Regulation 1996, the appellant was not a person in charge of the goats.
|
|
SHARK LAWS WITH TEETH: HOW DEEP CAN U.S. CONSERVATION LAWS CUT INTO GLOBAL TRADE REGULATIONS? |
|
|
Shark Finning-Who Is The Real Predator? |
This paper explores the demise of sharks due to the increased demand for shark-fin products. The current legal protections against shark finning are discussed, including CITES and IPOA-Sharks, and solutions for the future are presented.
|
|
SC - Wildlife - § 50-1-125. Wildlife defined; penalties for trafficking in wildlife. |
These South Carolina statutes define wildlife as being a wild animal, bird, reptile, amphibian, fish, mollusk, crustacean, or product, egg, offspring, or dead body parts. It is illegal to buy, sell, or possess wildlife except as specifically allowed by this title. A violation is a misdemeanor, and the person could face a fine and/or imprisonment. |
|
Safari Club International v. Zinke |
This case dealt with an action brought by an organization of safari hunters and firearm advocacy association under the Administrative Procedures Act (APA) and the Endangered Species Act (ESA) against the U.S. Fish and Wildlife Services (FWS), challenging the decision to suspend imports of sport-hunted African elephant trophies from Zimbabwe. The U.S. District Court for the District of Columbia entered summary judgment in FWS's favor, and the organization and association appealed. Under the ESA, sport-hunted African elephant trophies may only be imported into the United States if, among other things, the FWS makes “[a] determination ... that the killing of the trophy animal will enhance the survival of the species”. The Court of Appeals held that 1) FWS's interpretation of Special Rule forbidding import of sport-hunted elephant trophies was permissible; 2) FWS could base finding that killing of African elephants did not enhance species' survival on absence of evidence that sport hunting enhanced survival of species; 3) FWS's conclusion that it lacked evidence to make finding that killing African elephants in Zimbabwe would enhance survival of species rebutted any presumption that importation did not violate any provision of ESA or regulation issued pursuant to ESA; 4) removal of enhancement requirement from Convention on International Trade in Endangered Species of Wild Fauna and Flora did not require FWS to reconsider Special Rule; 5) finding constituted rule rather than adjudication; and 6) FWS's failure to engage in notice-and-comment prior to finding was not harmless error. Affirmed in part and reversed in part, and remanded so the FWS can initiate rule making to address enhancement findings for the time periods at issue in this case. |
