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The dormant Commerce Clause’s extraterritoriality doctrine has long baffled courts and legal scholars. Rather than attempt to make sense of the doctrine, most scholars have instead argued that it should be abandoned as unnecessary or unworkable. Such scholarship, however, is of little use to...
Persistent link: https://www.econbiz.de/10014138571
We revisit the long-standing question whether there is a relation between animal welfare and human ethics. Therefore, we elicit concern for animal welfare in an incentivized, direct, and real setup: Subjects choose between intensive farming versus organic living conditions for a hen....
Persistent link: https://www.econbiz.de/10012948247
The EC-Seal Products case is a good illustration of the conflict between free trade and animal welfare. On 22 May 2014, the World Trade Organization (WTO) Appellate Body issued its report, upholding the Panel's finding that the EU Seal Regime was "necessary to protect public morals" but also...
Persistent link: https://www.econbiz.de/10012954504
This Article presents a theory of the economic value of companion animal life. Under the existing United States torts regime, the standard damages award available to an owner for an action arising from a companion animal death is its fair market value. This approach implicitly assumes that pet...
Persistent link: https://www.econbiz.de/10013032046
Wild Life trade is the biggest threat to wild life preservation. The rampant poaching, in wild life and its products are primarily driven by demands in the international markets. One of the most powerful motives for the exploitation of plant and animal species is income production through trade,...
Persistent link: https://www.econbiz.de/10013037230
This document examines the successes and failures of the present Convention on International Trade in Endangered Species of Wild Fauna (CITES) and analyses its defects. Major changes are needed in the structure of the Treaty to overcome its perceived shortcomings. A Vision for a new treaty is...
Persistent link: https://www.econbiz.de/10012980227
Survival of the animal welfare paradigm (as contrasted with a rights-based paradigm creating legal standing for at least some animals) depends on keeping pace with appropriate societal evolution favoring stronger protections for animals. Although evolution of animal welfare protection will take...
Persistent link: https://www.econbiz.de/10012990060
The fiftieth anniversary of the Animal Welfare Act (“AWA”) was 2016. Most fiftieth anniversaries are cause for great celebration, but this one shouldn't' be because the AWA has caused more harm than good. In previous decades a wide range of sources have praised the Animal Welfare Act as a...
Persistent link: https://www.econbiz.de/10012919660
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