Max-Planck-Institut für ausländisches öffentliches Recht und Völkerrecht Beiträge zum ausländischen öffentlichen Recht und Völkerrecht 290 Anne Peters (ed.) Studies in Global Animal Law Beiträge zum ausländischen öffentlichen Recht und Völkerrecht Begründet von Viktor Bruns Herausgegeben von Armin von Bogdandy • Anne Peters Band 290 Anne Peters Editor Studies in Global Animal Law ISSN 0172-4770 ISSN 2197-7135 (electronic) Beiträge zum ausländischen öffentlichen Recht und Völkerrecht ISBN 978-3-662-60755-8 ISBN 978-3-662-60756-5 (eBook) https://doi.org/10.1007/978-3-662-60756-5 This book is an open access publication. © The Editor(s) (if applicable) and The Author(s) 2020 Open Access This book is licensed under the terms of the Creative Commons Attribution 4.0 International License (http://creativecommons.org/licenses/by/4.0/), which permits use, sharing, adaptation, distribution and reproduction in any medium or format, as long as you give appropriate credit to the original author(s) and the source, provide a link to the Creative Commons licence and indicate if changes were made. The images or other third party material in this book are included in the book’s Creative Commons licence, unless indicated otherwise in a credit line to the material. If material is not included in the book’sCreative Commons licence and your intended use is not permitted by statutory regulation or exceeds the permitted use, you will need to obtain permission directly from the copyright holder. The use of general descriptive names, registered names, trademarks, service marks, etc. in this publication does not imply, even in the absence of a specific statement, that such names are exempt from the relevant protective laws and regulations and therefore free for general use. The publisher, the authors, and the editors are safe to assume that the advice and information in this book are believed to be true and accurate at the date of publication. Neither the publisher nor the authors or the editors give a warranty, expressed or implied, with respect to the material contained herein or for any errors or omissions that may have been made. The publisher remains neutral with regard to jurisdictional claims in published maps and institutional affiliations. This Springer imprint is published by the registered company Springer-Verlag GmbH, DE, part of Springer Nature. The registered company address is: Heidelberger Platz 3, 14197 Berlin, Germany Acknowledgments This book had a long way to come to fruition. Several chapters build on prior online- only publications; others (the introductory chapter and Chapters 9 and 13) have been written completely fresh. Chapters 2–8, 11–12, and 14 are updated and mostly expanded versions of essays which were first published online in the American Journal of International Law Unbound 111 (2017), Symposium on Global Animal Law (pp. 252–281 and 397–424). Chapter 10 is an expanded and revised version of an essay in the American Journal of International Law Unbound 112 (2018), 355– 360. I gratefully acknowledge the permission of the editors and the managing editor (then Melissa Durkee) of AJIL Unbound to use those essays for this book. I also thank Brigitte Reschke from the publishing house Springer for offering the oppor- tunity to present the work in a consolidated form. I am indebted to my students of the master’s programme ‘Animal Law and Society’ at the Autonomous University of Barcelona, successfully run by professor Marita Candela, now in its ninth edition, for critical questions and their enthusiasm in developing global animal law. Last but not least, I thank Anette Kreutzfeld for her precious editorial and logistic support. The book Studies in Global Animal Law is dedicated to the memory of Felix and Cora. v Contents 1 Introduction .......................................... 1 Anne Peters Part I Historical Foundations 2 Rights of and Over Animals in the ius naturae et gentium (Sixteenth and Seventeenth Centuries) ...................... 17 Annabel Brett 3 On Women and Beasts: Human-Animal Relationships in Sixteenth-Century Thought ............................. 25 Anna Becker 4 Animal Colonialism: The Case of Milk ...................... 35 Mathilde Cohen Part II Animals as Commodity 5 Trading in Sacrifice ..................................... 47 Kristen Stilt 6 Cross-Border Forms of Animal Use by Indigenous Peoples ....... 57 Stefan Kirchner 7 China’s Legal Response to Trafficking in Wild Animals: The Relationship between International Treaties and Chinese Law .......................................... 71 Jiwen Chang 8 Corruption Gone Wild: Transnational Criminal Law and the International Trade in Endangered Species ............ 81 Radha Ivory vii viii Contents Part III New Legal Concepts 9 Biodiversity, Species Protection, and Animal Welfare Under International Law ...................................... 95 Guillaume Futhazar 10 Toward International Animal Rights ....................... 109 Anne Peters 11 (Certified) Humane Violence? Animal Production, the Ambivalence of Humanizing the Inhumane, and What International Humanitarian Law Has to Do with It ............ 121 Saskia Stucki Part IV New Protective Legal Strategies 12 Trophy Hunting, the Race to the Bottom, and the Law of Jurisdiction ......................................... 135 Charlotte E. Blattner 13 Protection of Animals Through Human Rights: The Case-Law of the European Court of Human Rights ..................... 153 Tom Sparks 14 Challenges Regarding the Protection of Animals During Warfare ... 173 Jérôme de Hemptinne Chapter 1 Introduction Anne Peters Abstract The introduction explains key concepts and methods. It defines global animal law as the sum of legal rules and principles governing the interactions between humans and other animals, on a domestic, local, regional, and international level. Global animal law reacts to the mismatch between almost exclusively national animal-related legislation on the one hand, and the global dimension of the animal issue on the other hand. The merely national regulation of animal welfare within the states’ boundaries runs aloof in the face of globalisation. This gives rise to an animal welfare gap. Moreover, animal use creates global problems ranging from climate and soil degradation over antimicrobial resistance to food insecurity. This requires a global law response. The introduction also gives a brief overview over the book and its main findings. 1 Global Animal Law in a Nutshell The essays assembled in this volume analyse both foundational and current legal aspects of human—animal relationships from a global animal law perspective. Global animal law refers to the sum of legal rules and principles (both state made and non-state made) governing the interaction between humans and other animals, on a domestic, local, regional, and international level. Given that the various ‘levels’ of regulation are normally not neatly separate but rather intermesh and criss-cross, the image of ‘marbled’ regulation might be preferable to ‘multi-layered’. The body of global animal law1 comprises hard law in the form of statutes and treaties and soft law such as standards issued by international organisations and voluntary labelling 1An alternative label would be ‘transnational animal law’. However, the term ‘global’ expresses better that some relevant problems are currently addressed only in national law. In addition, the A. Peters (*) Max Planck Institute for Comparative Public Law and International Law, Heidelberg, Germany e-mail: apeters-offi[email protected] © The Author(s) 2020 1 A. Peters (ed.), Studies in Global Animal Law, Beiträge zum ausländischen öffentlichen Recht und Völkerrecht 290, https://doi.org/10.1007/978-3-662-60756-5_1 2 A. Peters schemes or industry norms and codes of conduct. So the actual producers of global animal law are parliaments, governments, international institutions, business, civil society organisations, the latter often acting transnationally and in collaboration with governmental agencies. The scholarly analysis and commentary on these bodies of law constitute the academic discipline of global animal legal studies, or—for simplicity’s sake—the discipline of global animal law. Global animal law comprises but significantly moves beyond the international legal instruments which seek to conserve endangered species,2 to protect wild animal habitats,3 and to uphold biological diversity.4 These rules pay attention to collective goods, mainly for anthropocentric reasons. In contrast, they barely address the welfare of individual animals or potential rights of some animals which results in the notorious wild animal welfare gap.5 Global animal law also seeks to emancipate itself from classic environmental law and bears some overlap with the novel branch of biolaw.6 Speaking of ‘global animal law’ conveys the message that animal law can be best understood, applied and analysed when legal practitioners and scholars have an eye simultaneously on the various layers of the law, and on various norm types. The corpus of domestic, international, and local law, of state-made and privately gener- ated, of hard and soft law relating to the treatment and welfare of animals has reached a critical mass which justifies summing it up as a cross-cutting matter or as a legal field of its own, under one overarching heading. 2 A Globalised Problem Requires a Global Solution Global animal law is the response to the mismatch between almost exclusively national animal-related legislation on the one hand, and the global dimension of the animal issue on