Protecting animals within and across borders. Extraterritorial Jurisdiction and the Challenges of Globalization

Protecting animals within and across borders. Extraterritorial Jurisdiction and the Challenges of Globalization
Charlotte Blattner
Oxford University Press , 2019

“Global entanglements and challenges abound in animal law, as multinationals rise in number and power, production facilities move to other countries, and animals are shipped for use and slaughter across borders by the millions. In this environment, it has become increasingly difficult for states to gain certainty about whether or under what circumstances they can protect animals in cases involving a cross-border element. Even worse, many states do not even know whether it is worth protecting animals within their border, as they have a deep and abiding fear of outsourcing and consider industries that use animals reliable and valuable taxpayers, even as they probe the limits of the law. These developments paint a dystopian future for animals, one in which corporations reign law, the free market equates to exploitation, and globalization translates as ‘globalization of animal cruelty.’

In other fields of law, like human rights law, criminal law, antitrust law, securities law, and environmental law, extraterritorial jurisdiction is an established legal tool to fill gaps in transboundary governance, offer perspective-taking through legal pluralism, and encourage international treaty efforts. The main claim of this book is that the law of jurisdiction cannot afford to turn a blind eye to the struggles of animal law, in particular, because it carries potential to bring to a halt and prevent races to the bottom, which we owe animals on grounds of justice. The book leads readers through the what, the why, and the how questions of establishing jurisdiction in the complex and eclectic context of animal law. Using the avenues of trade law, general public international law, and animal law, pieces of a vast puzzle are brought together to weave a comprehensive net of knowledge that can be used for future advocacy and legislation. 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. The topic invites readers to engage in broader discussions about global justice, interspecies ethics, and the ever-lingering struggle between economics and welfare, but it also aims to find closure and offers ways to resolve these controversies.“

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