Mapping the Territory of Animal Law

Abstract

Chapter 1 cuts through the tangle of scholarly arguments that obscure the law of jurisdiction, and offers a robust conceptual framework in which jurisdiction and extraterritoriality can be situated. It first describes the historical and conceptual factors that have redistributed jurisdictional space and corrects the most common misapprehensions voiced about jurisdiction by legislators and scholars. To elucidate the terms and concepts behind territoriality and extraterritoriality, the author develops a comprehensive extraterritoriality framework that categorizes jurisdictional norms by their anchor point, their regulated content, and their ancillary effects. The framework, which draws on established principles of the law of jurisdiction, can be used to determine whether a matter is territorial, indirect extraterritorial, or direct extraterritorial. The author introduces four case groups to illustrate the challenges animal law poses to the modi operandi of the law of jurisdiction and uses them to demonstrate the feasibility of the framework.