The Animal in Public International Law

Joseph Reeves

doi:10.5771/9783748945628

Summary

While many references to animals can be found in conventional law, the animal itself emerges as an unknown object in international law. Yet, before existing as legal objects, animals simply exist. If their material existence precedes their legal essence, their "natural" nature doesn't transition into legal frameworks. Instead, wide-ranging human interests shape their legal categorization, leaving international law struggling to grasp a unified concept of 'animal', all the while science increasingly acknowledges animal sentience. Beyond explaining the foundations, purposes, and implementation of norms related to animals, this work explores the anthropocentric nature of law in an invitation to reconsider how law adresses non-human life.

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Bibliographic data

Publication year: 2025
Publication date: 17.11.2025
ISBN-Print: 978-3-7560-1579-5
ISBN-Online: 978-3-7489-4562-8
Publisher: Nomos, Baden-Baden
Series: Beiträge zum ausländischen öffentlichen Recht und Völkerrecht
Volume: 344
Language: English
Pages: 544
Product type: Book Titles

1. Acknowledgements No access
2. Foreword No access
3. List of abbreviations No access
1. I. Approaching the Animal Across Disciplinary Boundaries No access
2. II. Distinguishing Animal Law from Animal Rights No access
3. III. The Fragmented Landscape of Animal Norms No access
4. IV. Polycentric Tensions and the Drive for Paradigm Shift No access
5. V. Methodological Framework: Inclusive Positivism and Anthropocentric Otherness No access
1. 1. 1. 1. 1.1. The Dominance of Ownership as the Default Legal Paradigm No access
        1.2. An Emerging Open Proprietary Approach No access
        2.1. Judicial Reinforcement of Property-Based Approaches in Domestic Law No access
        2.2. International Courts’ Role in Cementing the Property Status of Animals No access
      2. 1.1. A Gradual Spectrum of Legal Personality Based on Protected Interests No access
        1.2. Judicial Expansion of Legal Personality Through Interpretative Approaches No access
        2.1. Substantive Incorporation of Animal Interests in Norm Setting No access
        2.2. Procedural Incorporation of Animal Interests in Norm Interpretation No access
    2. 1. 1.1. Cosmopolitan Systems Valuing Nature Intrinsically No access
        1.2. Legal Recognition of the Animal as an Entity with Inherent Worth No access
        2.1. The Singular Conceptualisation of a Legal Object Through its Suffering No access
        2.2. The Resonance of Sociocultural Processes Underlying Animal Law No access
      2. 1.1. The Transnational Nature of Animal Issues No access
        1.2. A Phenomenon at the Interface of Many International Law Branches No access
        2.1. The Spontaneous Legal Process of International Animal Law No access
        2.2. Incremental Legalisation of Animal Law Through International Health Agreements No access
    3. Conclusion of Chapter 1 No access
  2. 1. 1. 1.1. The Primacy of Sustainable Exploitation Over Conservation in International Law No access
        1.2. The Ecosystem Approach and the Economic Foundations of Biodiversity Law No access
        2.1. Sustaining Commercial Fisheries Through Selective Species Conservation No access
        2.2. Economic Justifications for Environmentally Harmful Practices No access
      2. 1.1. The Evolution of ICRW from Sustaining the Whaling Industry’s Interests to Safeguarding Marine Mammals from Whaling Industry’s Interests No access
        1.2. The Evolution of CITES From Commercial Trade to Species Protection No access
        2.1. The Exceptional Legal Status of Animal Biodiversity Under the World Heritage Convention No access
        2.2. An Emerging Collective Interest in Animal Conservation No access
    2. 1. 1.1. The WTO’s Automatic Classification of Animals as Tradeable Goods No access
        1.2. The Indifference of PPMs to the Market Apprehension of Animals No access
        2.1. The Instrumentalisation of Animals for Biomedical and Pharmaceutical Research No access
        2.2. International Law’s Fostering of the Utilitarian Use of Laboratory Animals No access
      2. 1.1. Animals as Biological Reservoirs and Vectors of Cultural Identity No access
        1.2. Intellectual Property Law’s Uneasy Fit with Traditional Knowledge No access
        2.1. International Law’s Recognition of Pet Animals as Objects of Emotional Attachment No access
        2.2. The Heightened Legal Consideration of Companion Animals Stemming from Their Integration into Human Society No access
    3. Conclusion of Chapter 2 No access
  3. Conclusion of Title I No access
2. 1. 1. 1. 1.1. The Obvious Denial of Intrinsic Value in Animals Classified as Harmful No access
        1.2. The Instrumentalisation of Animals According to Their Contribution to Human Ends No access
        2.1. The Institutionalisation of a Speculative Logic by International Arbitration No access
        2.2. The ICJ’s Indifference to the Animal’s Legal Specificity No access
      2. 1.1. The Distribution of Animals Across Several Pockets of Normative Autonomy No access
        1.2. The Extraneous Nature of Animal Issues for International Institutions Governing Them No access
        2.1. The Limited Access of Animal Issues to International Justice No access
        2.2. The “Clinical Isolation” of Animal Law in Judicial Interpretation No access
    2. 1. 1.1. The Material Diversity of International Animal Law No access
        1.2. The Species-Based Approach as a Framework for Legal Recognition No access
        2.1. The Recognition of Nature and Ecosystems in International Norms No access
        2.2. The Emergence of a Legal Framework Specific to Non-Human Life No access
      2. 1.1. The Reinforcement of a Dualist Logic by National Legal Adaptation No access
        1.2. The Territorialisation of Animal Law as a Consequence of Sovereign Appropriation No access
        2.1. The Limited Effectiveness of Reporting Obligations in Treaty Implementation No access
        2.2. The Lacking Effective Justiciability of International Rules Applicable to Animals No access
    3. Conclusion of Chapter 3 No access
  2. 1. 1. 1.1. A Legal Field Requiring a High Degree of Technical Expertise No access
        1.2. Standards as Prefiguration of Hard Law No access
        2.1. The Enforceability of WOAH Standards Through the SPS Agreement No access
        2.2. The Normative Reinforcement of Soft Law Through Cross-Regime Legal Interactions No access
      2. 1.1. The Evolution from Veterinary Health to Animal Welfare, Exclusive Focus of a Permanent Organisation No access
        1.2. The Universality Claim of an Institutional Framework Rooted in State Sovereignty No access
        2.1. A Dominance of Scientific Expertise Over Legal Standard-Setting No access
        2.2. WOAH’s Weak and Partial Standard-Setting Power No access
    2. 1. 1.1. An Overrepresentation of Primary Norms Lacking Corresponding Secondary Rules No access
        1.2. The Persistence of Ethical References as a Substitute for Legal Bindingness No access
        2.1. Favouring Indeterminate Legal Commitments Through Vague and Discretionary Obligations Imposed on States No access
        2.2. The Overuse of Recommendatory Language Inhibiting Legal Effectiveness No access
      2. 1.1. The Subordination of Animal Considerations to Economic Law and Trade Rationales No access
        1.2. The Serendipitous and Instrumental Interest of the UN Security Council in Wildlife Protection No access
        2.1. The Use of COP and Annexe Based Regulatory Frameworks as an Obstacle to the Development of Binding Norms No access
        2.2. The Widespread Practice of Reservations and Opt-Out Mechanisms fostering a System of Legal Commitments à la Carte No access
    3. Conclusion of Chapter 4 No access
  3. Conclusion of Title II No access
3. Conclusion of Part I No access
1. 1. 1. 1. 1.1. Sentience as a Threshold for Inclusion in the Moral Community No access
        1.2. The Subject of a Life and Therefore a Subject of the Law No access
        2.1. The Narrow Scope of Legal Protections Grounded in the Prevention of Suffering No access
        2.2. The Contingency of Moral Considerations in Legal Frameworks No access
      2. 1.1. The Indisputable Ability to Feel Stimuli and Emotionally Respond to Them No access
        1.2. Varying Degrees of Sentience in Animals as a Basis for Individual Interests in Legal Existence No access
        2.1. The Legislative Rationale for Protecting the Welfare of Sentient Animals No access
        2.2. The Historical and Contemporary Legal Foundations of Anti-Cruelty Protections No access
    2. 1. 1.1. The Inconsistent Application of Sentience as a Legal Criterion No access
        1.2. The Systematic Omission of Sentience in International Scientific and Technical Committees No access
        2.1. The Reduction of Animal Welfare to a Matter of Public Morals in International Trade Law No access
        2.2. The Legal Privilege of Companion Animals Based on Emotional Attachment Rather Than Sentience No access
      2. 1.1. The Absorption of Individual Animal Interests Within Broader Environmental Protections No access
        1.2. The Legal Normalisation of Animal Exploitation as Justification for Overriding Sentience No access
        2.1. The Resolutely Anthropocentric Nature of Environmental Reparations No access
        2.2. The Enduring Justification of “Necessary Suffering” in Legal Frameworks Governing Animal Use No access
    3. Conclusion of Chapter 5 No access
  2. 1. 1. 1.1. The Measurable Assessment of Well-Being in Legal Frameworks No access
        1.2. The Five Freedoms of the Brambell Report as a Foundational Framework Against Mistreatment No access
        2.1. Scientific Indicators as Determining Factors in Conservation Law No access
        2.2. The Binding Nature of Scientific Assessments Before the ICJ No access
      2. 1.1. A Holistic Approach to Animal Health in Legal Frameworks No access
        1.2. An Ethological Approach to Animal Condition in Legal Frameworks No access
        2.1. The Potential of Animal Sentience to Justify a General Exception under GATT article XX No access
        2.2. Recognising the Animal as an Intrinsically Valuable Legal Entity No access
    2. 1. 1.1. Welfare as a Legal Guarantee Rather Than a Subjective Right No access
        1.2. The Sentience of a Legal Object Justifying Human Duties Rather Than Animal Rights No access
        2.1. Sentience as a Constraint on Arbitrary Legal Treatment No access
        2.2. A Functional Legal Personality Adapted to the Status of Sentient Objects No access
      2. 1.1. A Universal Cultural and Religious Foundation No access
        1.2. The Convergence of National Legal Systems Toward Enforcing Animal Welfare No access
        2.1. The Extensive and Encompassing Nature of the Principle of Humanity No access
        2.2. Humans’ Respect for Animals as Sentient Counterparts No access
    3. Conclusion of Chapter 6 No access
  3. Conclusion of Title III No access
2. 1. 1. 1. 1. Turning Sentience Into an Asset No access
        2. Subjecting Animals to the Owner’s Right to Reasonable Use of their Property No access
      2. 1. Property at the Threshold of Private Life No access
        2. Protecting Cultural Identity Through Property Rights Involving Animals No access
    2. 1. 1. Zoonoses as a Core Objective of International Law No access
        2. The Marginal Consideration Given to the Fight Against Epizootic Diseases in Global Regulation No access
      2. 1. Expansive Freedoms for Scientific Experimentation No access
        2. Scientific Ethics Instead of Legally Binding Norms No access
    3. Conclusion of Chapter 7 No access
  2. 1. 1. 1. The Necessity of Debating Animal Suffering in a Democratic Society No access
        2. Promoting “Animal Rights” as a Bridge for Intercultural Dialogue No access
      2. 1. The Structural Overriding of Animal Welfare by Free Trade Imperatives No access
        2. The Structural Overriding of Animal Welfare by Cultural Rights No access
    2. 1. 1. Rejecting Social Violence Against Animals No access
        2. The Opposability of Animal Suffering to Religious Freedom No access
      2. 1. A Discretionary Power to Define Moral Values Likely to Justify Exceptions to WTO Rules No access
        2. An Unresolved Confrontation Between Zoophilic Practices and Sexual Freedom No access
    3. Conclusion of Chapter 8 No access
  3. 1. 1. 1. Designating Animals as Military Objectives Whenever Strategy Demands No access
        2. Qualifying War Damage Subject to Conditions That Exclude Animal Interests No access
      2. 1. Asserting the Environment’s Intrinsic Value in Symbolic Terms No access
        2. The Impossible Extension of the Principle of Humanity to Animals No access
    2. 1. 1. The Ontological Aporia of Biocentrism No access
        2. The Fundamentally Anthropocentric Nature of the Right to a Healthy Environment No access
      2. 1. Protecting Animals Through Human Guardianship of Their Interests No access
        2. Animal Consideration as Humanity’s Duty to Itself No access
    3. Conclusion of Chapter 9 No access
  4. Conclusion of Title IV No access
3. Conclusion of Part II No access
General Conclusion No access Pages 477 - 482
Bibliography No access Pages 483 - 544