Formation of Global Animal Law as an Autonomous Branch of International Law
18 Pages Posted: 21 Mar 2019 Last revised: 24 Mar 2019
Date Written: March 20, 2019
This paper discusses the emergence of global animal law as an autonomous branch of international law through transnational legal processes, where the main actors are not only states, but also international organizations, individuals, NGOs, civil society movements, etc. A close examination of the recent developments in this field shows that the evolution of animal welfare norms has already reached the global level and this branch can already claim a place in the system of global law. Based on a thorough analysis of the existing universal or regional hard law instruments, as well as general principles of law, case law and soft law, the paper suggests that the current state of development of animal law indeed indicates the existence of an international consensus towards the formation of global animal law as a separate branch of international law. The final part of the paper considers different models of how the process of animal law formation can be finalized and additionally discusses the risk of fragmentation, which might be caused by the process of expansion of animal law.
Keywords: global animal law, animal welfare, animal rights, transnational legal process, CITES, international consensus, law formation, fragmentation
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