Journal of International Wildlife Law and Policy最新文献_第3页

A Strategic Proposal for Legally Protecting Wild Animals 野生动物法律保护的战略建议

Journal of International Wildlife Law and Policy Pub Date : 2022-08-25 DOI: 10.1080/13880292.2022.2103918

Pablo P. Castelló

{"title":"A Strategic Proposal for Legally Protecting Wild Animals","authors":"Pablo P. Castelló","doi":"10.1080/13880292.2022.2103918","DOIUrl":"https://doi.org/10.1080/13880292.2022.2103918","url":null,"abstract":"Abstract Philosophers have long articulated theories of animal rights. However, concrete questions such as “How should the Constitution of Australia change if it recognized the right to self-determination of some wild animals?” have rarely, if ever, been studied. Inspired by Sue Donaldson and Will Kymlicka’s theory of animal rights, this article explores a legal strategy about how wild animals’ interest in self-determination could be recognized in the Australian Constitution. I argue that conferring strong constitutional protection to wild animals regarding self-determination would require: (1) recognizing fundamental legal rights of wild animals to political representation, immunity from being objects of property rights, self-determination, and territory, and (2) defining to whom the proposed rights would apply and identifying the territories over which animals would have a right to govern themselves. I offer a strategic proposal in relation to point 2 and suggest that granting a legal status beyond the personhood–property divide, what I call “legal animalhood,” is the soundest strategy to recognize the fundamental legal rights of wild animals. Finally, I show that the proposed strategy is a better approach to confer strong legal protection to wild animals than Karen Bradshaw’s property rights strategy and ecocentric approaches.","PeriodicalId":52446,"journal":{"name":"Journal of International Wildlife Law and Policy","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2022-08-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"86324010","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 1

Is CITES Protecting Wildlife? Assessing Implementation and Compliance CITES是在保护野生动物吗?评估实施及遵从性

Journal of International Wildlife Law and Policy Pub Date : 2022-07-03 DOI: 10.1080/13880292.2022.2151135

Hira Jaleel

引用次数: 0

Patrik Baard, Ethics in Biodiversity Conservation. 帕特里克·巴德，《生物多样性保护伦理》。

Journal of International Wildlife Law and Policy Pub Date : 2022-07-03 DOI: 10.1080/13880292.2022.2151136

Nikolas P. Sellheim

引用次数: 0

A Comparative Analysis of US and Japanese News Reports on Whaling Suggests Strategies to Improve Bilateral Communication on Commercial Whaling in Japan 美日两国捕鲸新闻报道的比较分析提出了改善日本商业捕鲸双边沟通的策略

Journal of International Wildlife Law and Policy Pub Date : 2022-07-03 DOI: 10.1080/13880292.2022.2146847

Jiaxin Xu, Zhijia Liu, M. Leslie

{"title":"A Comparative Analysis of US and Japanese News Reports on Whaling Suggests Strategies to Improve Bilateral Communication on Commercial Whaling in Japan","authors":"Jiaxin Xu, Zhijia Liu, M. Leslie","doi":"10.1080/13880292.2022.2146847","DOIUrl":"https://doi.org/10.1080/13880292.2022.2146847","url":null,"abstract":"Abstract Media coverage on controversial topics, such as whaling, presents opposing arguments that can shape public opinions. To investigate how the US and Japanese media portrayed Japan’s withdrawal from the International Whaling Commission, we examined 368 news reports on whaling from the US and Japan published during 2018 and 2019, concurrent with Japan’s withdrawal. We identified ten frequently used arguments and analyzed how they were deployed to support either the pro-whaling or anti-whaling stance. Unsurprisingly, Japanese reports were predominantly more pro-whaling than the US reports. Cultural differences alone did not fully explain these diverging stances and usage of arguments. Moreover, broader anthropocentric concerns and the interests of the two countries overlapped, suggesting that while the two countries have a shared awareness of anthropocentric perspectives, the communication problem lies in their diametrically opposed assertions regarding those topics. By analyzing the issue, we revealed the potential for mutual understanding between the US and Japan, which allowed us to propose possible solutions to improve diplomacy on this issue.","PeriodicalId":52446,"journal":{"name":"Journal of International Wildlife Law and Policy","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2022-07-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"77366406","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Regulating Impacts of Noise on Marine Mammals in North America: An Overview of the Legal Frameworks in Canada and the United States 调节噪音对北美海洋哺乳动物的影响:加拿大和美国法律框架概述

Journal of International Wildlife Law and Policy Pub Date : 2022-07-03 DOI: 10.1080/13880292.2022.2151116

A. Wright, H. Moors-Murphy

{"title":"Regulating Impacts of Noise on Marine Mammals in North America: An Overview of the Legal Frameworks in Canada and the United States","authors":"A. Wright, H. Moors-Murphy","doi":"10.1080/13880292.2022.2151116","DOIUrl":"https://doi.org/10.1080/13880292.2022.2151116","url":null,"abstract":"Abstract Marine mammals are protected under dedicated taxonomic legislation, endangered species legislation, and general environmental stewardship laws in many countries. Governments and agencies within those countries are tasked with assessing and limiting human impacts in accordance with their own laws, including those arising from underwater noise emissions. While the United States (US) has established thresholds for permanent and temporary threshold shifts (PTS and TTS) in the hearing of marine mammals, Canada has not yet established specific numeric onset thresholds for hearing impairment or other noise-related impacts. Given that Canada and the US are jointly responsible for the management of a number of at-risk marine mammals, we provide a brief overview of the main laws and associated standards relevant to management of noise impacts on marine mammals in these two jurisdictions. The US PTS/TTS thresholds are only a small part of a suite of elements collectively applied to assess and mitigate the full range of impacts of noise on marine mammals, and the implementation of these (or any other) thresholds in Canada would not negate the need to conduct case-specific impact assessments to satisfy their own broader requirements. Caution should be taken when applying US thresholds to address Canadian legal standards, as there are substantial differences in the legal definitions to which these thresholds might be applied. Thus, the need for, and application of, similar generalised PTS/TTS thresholds in Canada is still under debate and noise impacts will likely continue to be assessed in different ways in these two bordering nations.","PeriodicalId":52446,"journal":{"name":"Journal of International Wildlife Law and Policy","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2022-07-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"84272713","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Recovery of the Eastern North Pacific Gray Whale: A Case Study 北太平洋东部灰鲸的恢复:一个案例研究

Journal of International Wildlife Law and Policy Pub Date : 2022-07-03 DOI: 10.1080/13880292.2022.2146850

Mark Reamer

引用次数: 0

Rosemary-Claire Collard, Animal Traffic: Lively Capital in the Global Exotic Pet Trade (Duke University Press 2020), ISBN 978-1-4780-1092-0 Rosemary-Claire Collard，动物交通:活跃的资本在全球外来宠物贸易(杜克大学出版社2020)，ISBN 978-1-4780-1092-0

Journal of International Wildlife Law and Policy Pub Date : 2022-04-03 DOI: 10.1080/13880292.2022.2103920

R. Mathews

引用次数: 0

Wildlife Law and Policy Loopholes and Canadian Species of Concern: Practitioners’ Perspectives 野生动物法律和政策的漏洞和加拿大关注的物种:从业者的观点

Journal of International Wildlife Law and Policy Pub Date : 2022-01-02 DOI: 10.1080/13880292.2022.2077388

Samantha de Vries

{"title":"Wildlife Law and Policy Loopholes and Canadian Species of Concern: Practitioners’ Perspectives","authors":"Samantha de Vries","doi":"10.1080/13880292.2022.2077388","DOIUrl":"https://doi.org/10.1080/13880292.2022.2077388","url":null,"abstract":"Abstract Iconic Canadian species are sometimes killed for “trophies,” for subsistence, or for the illicit market. Certain species may be under greater threat than sustainable regulation quotas imply, due to law and policy loopholes. There are two main questions relevant to Canadians that this article seeks to address: (1) What policy challenges do Canadian practitioners face in regards to CITES implementation and other Canadian wildlife legislations? (2) Which species are of most concern for poaching and trafficking in Canada according to practitioners, and does this align with international trade trends? In-depth interviews were conducted with eight Canadian wildlife officials (wildlife enforcement agency representatives with extensive experience working on wildlife criminal cases) to seek their perspectives. The findings suggest Canada operates under a conservation model of sustainable use and open trade, yet is lacking in implementation of certain policies and in certain areas such as the Canadian Arctic. There is no consensus among practitioners, some of whom work within the same agency, on which Canadian species are currently most at risk or of special concern for poaching and the illicit trade. These findings suggest there are gaps in law and policy in Canada in regards to in-demand species, and implementation needs to be harmonized across provinces and agencies to better protect wildlife. CITES listings of Canadian species may need to be reviewed in light of some of these identified problems (particularly with the bear gall bladder trade and polar bear harvesting). Identified species of concern were only somewhat aligned with available international export data.","PeriodicalId":52446,"journal":{"name":"Journal of International Wildlife Law and Policy","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2022-01-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"89255061","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

The Dynamics of the Illegal Ivory Trade and the Need for Stronger Global Governance 非法象牙贸易的动态和加强全球治理的必要性

Journal of International Wildlife Law and Policy Pub Date : 2022-01-02 DOI: 10.1080/13880292.2022.2077393

Zhen Miao, Qiang Wang, Xiaofeng Cui, Kirsten Conrad, Wei Ji, Wei Zhang, Xuehong Zhou, Douglas Craig MacMillan

{"title":"The Dynamics of the Illegal Ivory Trade and the Need for Stronger Global Governance","authors":"Zhen Miao, Qiang Wang, Xiaofeng Cui, Kirsten Conrad, Wei Ji, Wei Zhang, Xuehong Zhou, Douglas Craig MacMillan","doi":"10.1080/13880292.2022.2077393","DOIUrl":"https://doi.org/10.1080/13880292.2022.2077393","url":null,"abstract":"Abstract The illegal ivory trade is the main driver of elephant poaching in Africa. In recent years, China—long regarded as the main destination of illegal ivory trade—has undertaken a series of policy interventions to curtail ivory imports, such as the closure of ivory carving enterprises. In this article we explore the impact of these recent interventions on the price of ivory and poaching and the wider drivers connected to the illegal trade, such as China’s macro-economic performance. The research demonstrates that the price of illegal ivory in China has dropped significantly, mainly due to measures taken under China’s “Ecological Civilization” (EC) programme and ivory trade ban to curb demand and supply. The number of illegal ivory seizures decreased over time but remains active, with a high proportion of seizures categorized as minor infringements (ivory pieces under 2.4 kg) often imported by tourists as souvenirs. We also find that the price of ivory is recovering in other destinations such as Vietnam, and it is becoming clear that all countries should make more political commitments on the existing basis to elephant conservation and curtailing illegal ivory trade.","PeriodicalId":52446,"journal":{"name":"Journal of International Wildlife Law and Policy","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2022-01-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"85935134","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 1

A Range-Wide Analysis of Legal Instruments Applicable to Jaguar Conservation 适用于美洲虎保护的法律文书的范围分析

Journal of International Wildlife Law and Policy Pub Date : 2022-01-02 DOI: 10.1080/13880292.2022.2077406

H. Kretser, Monica Nuñez-Salas, J. Polisar, L. Maffei

{"title":"A Range-Wide Analysis of Legal Instruments Applicable to Jaguar Conservation","authors":"H. Kretser, Monica Nuñez-Salas, J. Polisar, L. Maffei","doi":"10.1080/13880292.2022.2077406","DOIUrl":"https://doi.org/10.1080/13880292.2022.2077406","url":null,"abstract":"Abstract The jaguar (Panthera onca) is one of five Panthera cats facing global conservation concerns. The International Union for Conservation of Nature (IUCN) considers the jaguar to be Near Threatened, and its global population has declined by an estimated 25% in 25 years. Current jaguar populations range from Mexico to Argentina with some individuals confirmed in the United States. For this article we compile and review the legal protections categorized in the constitution, national laws, and infra-legal level in each of those countries to identify the presence of government-approved endangered species lists, specific jaguar protection laws, government-approved jaguar management plans and human–wildlife conflict regulations, and the administrative and criminal sanctions for hunting and wildlife trade. We also note which laws allowed for legal killings of jaguar for hunting, subsistence use or conflict. We recommend that countries adopt jaguar-specific protection laws, establish and update administrative and criminal penalties, modify existing legislative language to ensure improved adoption, enforcement and prosecution, recognize non-binding management practices through legal channels, and harmonize legal policies across countries. We propose additional reviews on illegal wildlife trafficking, human–wildlife conflict, and enforcement, among others, to continue identifying legal gaps. This first range-wide assessment of and perspective on jaguar legislation illustrates opportunities for strengthening legal protections by comparing the variety of structures and approaches employed to conserve this important species.","PeriodicalId":52446,"journal":{"name":"Journal of International Wildlife Law and Policy","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2022-01-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"75634075","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 1