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Globalization And Animal Law

Author: Thomas G. Kelch
Publisher: Kluwer Law International
ISBN: 9789041158741
Size: 27.66 MB
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Global Trade Law Series Volume 32 Globalization and Animal Law provides a detailed analysis of international and comparative animal law focusing on the impact of the globalized economy on animal law. The rise of the globalized economy has rendered an even more profound change in the relationship between humans and other animals than the ancient progression from hunter-gatherer to agricultural society. In today's global markets, multinational corporations exploit the economic value of animals on an unprecedented scale. The philosophical and legal notions that animals are mere unfeeling machines or pieces of property, although more or less taken for granted for centuries, have been challenged, if not burst asunder, in recent decades (in law, moral philosophy and cognitive and other sciences), and regulation of the treatment of animals in agriculture, experimentation, entertainment and other areas has begun to make substantial inroads in national and international law. In light of this growing awareness, the author in this book lucidly explicates the sorts of legal rules that affect the global animal marketplace by describing a wide range of domestic and international laws relating to the treatment of animals. What's in this book: Among the issues covered are the following: contemporary philosophical thought on the relationship between humans and animals; recent scientific research relating to cognitive and other abilities of animals; legal issues relating to factory farming and animal slaughter operations; legal protection of animals during transport; regulatory schemes on animal experimentation; laws on the use of animals in entertainment; laws on protection of companion animals; regulation of trade in endangered species; international trade issues relating to animals, including consideration of the provisions of GATT relevant to animal protection and the seminal WTO/GATT decisions in the Tuna/Dolphin, Shrimp/Turtle, Tuna Labeling and EU/Seal Products cases; constitutional protection for the interests of animals; intellectual property law issues relating to animals; efforts to have the legal "personhood" of certain animals judicially recognized; and what the future may hold for animal law in the global economy. Representative norms in existing animal protection laws are analyzed and critiqued, illustrating the diverse approaches taken by different countries and jurisdictions, including Australia, Austria, Brazil, Canada, the EU, Germany, India, Ireland, New Zealand, Switzerland, the UK, and state and federal laws of the US. Numerous international treaties and conventions are also covered, including the Berne Convention for the Protection of Literary and Artistic Works, the CITES Convention, the European Convention for the Protection of Animals Kept for Farming Purposes, the European Patent Convention, the GATT Treaty, the TRIPS Agreement and the Universal Copyright Convention. How this will help you: It is not difficult to grasp, given the continuing increases in production, consumption and use of animals and animal products worldwide, that legal initiatives in this often emotional and acrimonious area of law are frequently contentious and hard fought. But this is really just the dawn of animal law, which has only recently become recognized as an important cutting-edge topic. In light of these rapid developments, this book serves as a guidepost in contributing to the continuing development and understanding of this law, clearly laying out the contours and boundaries of existing animal laws in our global economy, and allowing legal educators, concerned lawyers and policymakers to teach, formulate proposals, argue cases and defenses, and secure a firm purchase on future trends and developments in animal law.

Regulation Of Energy In International Trade Law

Author: Julia Selivanova
Publisher: Kluwer Law International B.V.
ISBN: 9041132643
Size: 44.66 MB
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Starting from the premise that a multilateral legal framework is the surest way to achieve predictability and transparency under conditions of increasing reliance on internationally traded energy, the essays gathered in this book treat the many complex interlocking issues raised by examining that desideratum in the light of current reality. Concentrating on the application of WTO agreements to energy trade - as well as energy-related issues addressed in the current WTO negotiations - the authors offer in-depth discussion and analysis of such issues as the following: the effectiveness of existing WTO agreements in addressing issues pertinent to energy trade how restrictive practices of energy endowed countries can be tackled under existing international trade rules; existing frameworks for investment in highly capital-intensive energy infrastructure projects;and conditions for access to pipelines and transmission grids; regulation of energy services; bioenergy development and trade; energy issues addressed in the WTO accession negotiations of energy endowed countries; international instruments of resolution of energy-related disputes.

Harmonization Equivalence And Mutual Recognition Of Standards In Wto Law

Author: Humberto Zúñiga Schroder
Publisher: Kluwer Law International B.V.
ISBN: 9041136576
Size: 41.58 MB
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Standards are a feature of virtually all areas of trade in products and services. Yet, although standards may achieve an efficient economic exchange, they have discriminatory consequences for trading partners when governments formulate or apply them in such a way as to cause obstacles to trade, thus enrolling standards among the increasingly significant 'non-tariff barriers' regulated by the WTO. This unique and original study analyses the functions that standards fulfil in the market, their effect on trade, and the legal regime based on harmonization, equivalence and mutual recognition developed by the WTO to deal with standards. The author investigates the way in which both the WTO Technical Barriers to Trade (TBT) and the Sanitary and Phytosanitary (SPS) Measures Agreements regulate these three tools, and discusses key topics including: The definition of the concept 'International Standard' in the TBT Agreement. Guidelines on equivalence issued by organizations such as the Codex Alimentarius Commission, the World Organization for Animal Health and the International Plant Protection Convention. Parallels between the EC mutual recognition regime and the WTO system. This is the first work on its subject. With its detailed and practical analysis of WTO law on standards, the book is a fundamental reference for practitioners, academics and policy makers in international trade law.

India

Author: Germano Franceschin
Publisher: Kluwer Law International B.V.
ISBN: 9041128360
Size: 45.97 MB
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India, a Union of 28 States and 7 territories, with a population of over a billion people and multiple cultures and languages, is a democratic republic often called, quite rightly, 'the largest democracy in the world'. Because the well-established English legal system endured after independence in 1947, India categorically remains a common law jurisdiction, and its legal practice and procedure is conducted almost exclusively in English. Nonetheless, Indian law is sufficiently complex in ways that are distinct from other European-based systems that a book such as this - in which the business legal system of India is thoroughly reviewed - will be really welcomed by both practitioners and academics. This book examines the full spectrum of India's legal system as it applies to commercial, customs, and tax matters, and covers among much else such elements as the following: division of executive and legislative powers between the Union and the individual States; role of the Supreme Court and State high courts; role of State legislative assemblies; levels of appeals in judiciary system; power of specialised State tribunals in, for example, tax, company law, bankruptcy; power of the State to appropriate property; constitutional protection of culture and environment; use and citation of foreign judgments and jurisprudence; contract law; trusts; industrial relations; minimum wage law; income tax rules and procedure; bilateral double taxation agreements; copyright and trademark protection; semiconductor integrated circuits layout design; protection of plant varieties and farmers' rights; competition law; multi-State cooperation agreements; and regulation of financial services. An extensive appendix supplies texts of the Constitution of India, the Indian Penal Code and 23 Legislative Acts pertaining to commercial, customs and tax matters. There is a sample franchise agreement, and an informative summary of current and projected foreign trade policy through 2014. Both as a guide to business lawyers working with Indian partners and as a comparative law treatment of the world's second most populous country (and a rapidly growing economic powerhouse), this book has no peers.

Sentientist Politics

Author: Alasdair Cochrane
Publisher: Oxford University Press, USA
ISBN: 0198789807
Size: 59.89 MB
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There is now widespread agreement that many non-human animals are sentient, and that this fact has important moral and political implications. Indeed, most are in agreement that animal sentience ought to constrain the actions of political institutions, limiting the harms that can be perpetrated against animals. The primary aim of this book is to show that the political implications of animal sentience go even further than this. For this book argues that sentience establishes a moral equality and a shared set of rights amongst those creatures who possess it. Crucially, this worth and these rights create a duty on moral agents to establish and maintain a political order dedicated to their interests. This book is devoted to sketching what this 'sentientist politics' might look like. It argues in favour of a ' sentientist cosmopolitan democracy': a global political system made up of overlapping local, national, regional and global communities comprised of human and non-human members who exist within shared 'communities of fate'. Furthermore, the institutions of those communities should be democratic - that is to say, participative, deliberative and representative. Finally, those institutions should include dedicated representatives of non-human animals whose job should be to translate the interests of animals into deliberations over what is in the public good for their communities.

The Global Community Yearbook Of International Law And Jurisprudence 2016

Author: Giuliana Ziccardi Capaldo
Publisher: Oxford University Press
ISBN: 0190848197
Size: 31.21 MB
Format: PDF
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The 2016 edition of The Global Community: Yearbook of International Law and Jurisprudence constitutes the only thorough annual survey of major developments in international courts. General Editor Giuliana Ziccardi Capaldo selects excerpts from important court opinions as well as the contributors who provide expert guidance on those cases. The topical organization and subject index make the thorough, comprehensive content easy to navigate.

China S Influence On Non Trade Concerns In International Economic Law

Author: Paolo Davide Farah
Publisher: Routledge
ISBN: 1317167198
Size: 56.40 MB
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This volume examines the range of Non-Trade Concerns (NTCs) that may conflict with international economic rules and proposes ways to protect them within international law and international economic law. Globalization without local concerns can endanger relevant issues such as good governance, human rights, right to water, right to food, social, economic, cultural and environmental rights, labor rights, access to knowledge, public health, social welfare, consumer interests and animal welfare, climate change, energy, environmental protection and sustainable development, product safety, food safety and security. Focusing on China, the book shows the current trends of Chinese law and policy towards international standards. The authors argue that China can play a leading role in this context: not only has China adopted several reforms and new regulations to address NTCs; but it has started to play a very relevant role in international negotiations on NTCs such as climate change, energy, and culture, among others. While China is still considered a developing country, in particular from the NTCs’ point of view, it promises to be a key actor in international law in general and, more specifically, in international economic law in this respect. This volume assesses, taking into consideration its special context, China’s behavior internally and externally to understand its role and influence in shaping NTCs in the context of international economic law.

Fair Trade

Author: Joseph E. Stiglitz
Publisher: Murmann Verlag DE
ISBN: 9783938017630
Size: 32.10 MB
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