Literature Review

Learn about cutting-edge Earth Law developments in journals from across the world! You can sort by topic, date, geography, and other categories.

Learn about cutting-edge Earth Law developments in journals from across the world!

Journal
Crabs and lobsters may get similar rights to mammals in UK experiments
United Kingdom

Helena Horton

2022

November 17, 2023

Scientific experiments on crabs and lobsters could be curbed when the animal sentience bill becomes law, the Guardian has learned. There are few restrictions on how crustaceans and decapods can be treated in scientific studies, in contrast with mice and other mammals, for which there are strict welfare laws.

Animal Rights / Nonhuman rights
Legal guardianship of nonhumans
Legal guardianship of nonhumans
Journal
US supreme court to hear case on California’s ban on extreme confinement crates
United States

Marina Bolotnikova

2022

November 17, 2023

A ruling against the state’s Prop 12 animal welfare law could affect a range of regulations across the country

Animal Rights / Nonhuman rights
Legal guardianship of nonhumans
Legal guardianship of nonhumans
Journal
Give legal rights to animals, trees and rivers, say experts
International

Haroon Siddique

2022

November 17, 2023

Granting legal rights and protections to non-human entities such as animals, trees and rivers is essential if countries are to tackle climate breakdown and biodiversity loss, experts have said. The authors of a report titled Law in the Emerging Bio Age say legal frameworks have a key part to play in governing human interactions with the environment and biotechnology.

Animal Rights / Nonhuman rights
Legal guardianship of nonhumans
Legal guardianship of nonhumans
Journal
What to Know About Pet Adoption Contracts
United States

E.A. Gjelten

2023

November 17, 2023

Learn about the practical and legal consequences of adopting a pet, including pet adoption contracts.

Animal Rights / Nonhuman rights
Legal guardianship of nonhumans
Legal guardianship of nonhumans
Journal
Animal Cruelty Laws in Maryland
United States/Maryland

E.A. Gjelten

2023

November 17, 2023

Cruelty to animals is illegal in Maryland, as it is across the country. The state’s animal protection laws are detailed, covering a wide range of things from puppy sales to conditions in kennels. Below, we’ve summarized the most important laws that pet owners and animal lovers should know about.

Animal Rights / Nonhuman rights
Legal guardianship of nonhumans
Legal guardianship of nonhumans
Journal
Animal Cruelty Laws in California
United States/California

E.A. Gjelten

2022

November 17, 2023

Cruelty to animals is illegal in California, as it is across the country. But California’s laws on the subject are extensive and detailed, covering a wide range of specific behavior, situations, and types of animals—from service dogs and racehorses to circus elephants and exotic species. Below, we’ve summarized the most important state laws that pet owners and animal lovers should know about.

Animal Rights / Nonhuman rights
Legal guardianship of nonhumans
Legal guardianship of nonhumans
Journal
Pet Guardianship vs. Ownership: Are you your pet’s owner… or guardian?
International

Dr. Patty Khuly, VMD MBA

2017

November 17, 2023

In the eyes of the law, pets are our property and we, their owners. Just as goats belong to a dairy farmer, cars belong to their drivers, and toasters to bagel-eaters, pets are simple property. But some people think pets are just too important to us for this to remain the law. They suggest that this designation degrades the role of animals in our lives to that of slaves and thereby limits their ability to obtain the rights they deserve.

Animal Rights / Nonhuman rights
Legal guardianship of nonhumans
Legal guardianship of nonhumans
Journal
The Legal Guardianship of Animals
Brazil

Edna Cardozo Dias

2020

June 5, 2024

Legal guardianship of animals” is the reissue of the first doctoral thesis in Brazil regarding animal rights, published in 2000, now updated.

Animal Rights / Nonhuman rights
Legal guardianship of nonhumans
Legal guardianship of nonhumans
Journal
New Hampshire: Bizarre Animal “Guardianship” Bill Amended
United States/New Hempshire

Sportsmen's Alliance

2023

November 17, 2023

At the end of January, we reported on the Senate Energy and Natural Resources Committee taking public testimony on a bill wanting to give legal rights to animals. Within Senate Bill 164 was a new section allowing the creation of private contracts between animal owners and “guardians” to preserve the rights of animals as if they were humans.

Animal Rights / Nonhuman rights
Legal guardianship of nonhumans
Legal guardianship of nonhumans
Journal
How to help a neighbor’s neglected animal
United States

Animal Legal Defense Fund

November 17, 2023

Animal neglect is the failure to provide basic care required for an animal to thrive. At first glance, such cases may seem less egregious than a single, brutal act of violent abuse, but severe neglect can mean extended periods of extreme suffering resulting in permanent injury or death.

Animal Rights / Nonhuman rights
Legal guardianship of nonhumans
Legal guardianship of nonhumans
Journal
Extraordinary Law Enforcement on Ecocide Crime as Extraordinary crime in the Concept International Environment Law
International

Siti Khairunnissa, Fajar Khaify Rizky, Siti Nurahmi Nasution, Boy Laksamana

2022

November 17, 2023

Abstract: The quality of the environment is the most important part of human life in dignity and humility. In practice, ecocide are mostly committed by corporations, both national and transnational. Environmental crimes that are structured and systematic or often called ecocide do not concern as an extraordinary crimes. The International Criminal Court (ICC) has proposed to several countries such as Fiji, Vanuatu, and the Maldives that the need to add elements as international criminal crimes categorized as extra ordinary crimes in the Rome Statute and recognized as the fifth type of crime that becomes the jurisdiction of the International Criminal Court for trial. The purpose of this research is as a contribution to answer question. First, to analyze and to understand in developing extraordinary law enforcement against the crime of ecocide as extraordinary crime. Second, law enforcement review against ecocides in various regulations and various court decisions in Indonesia Third, to analyze the concept of international environmental law in the extraordinary enforcement law against ecocide crimes (Extra ordinary Crime) The research method used by researchers is normative juridical approach. This means that the legal material used as a study is secondary data. In this normative legal research it is not closed the possibility that empirical data (field) is also presented as an option to support and sharpen the study.

Ecocide
International Criminal Law
Rome Statute
International Criminal Court
Rome Statute
Law enforcement
Journal
Ecocide Before the International Criminal Court: Simplicity is Better Than an Elaborate Embellishment.
Canada

Danuta Palarczyk

2023

November 17, 2023

In 2021, with their proposals of a new definition of ‘ecocide’, the Independent Expert Panel for the Legal Definition of Ecocide (‘IEPLDE’) and the Promise Institute for Human Rights (‘UCLA’) Group of Experts reignited the discussion on expanding the International Criminal Court’s (‘ICC’ or ‘Court’) jurisdiction over the gravest instances of environmental degradation. The proposed definitions form part of the broader campaign towards the international criminalisation of ‘ecocide’ and its prosecution before the ICC. This discussion challenges such ambitions, arguing that, in its current form, the Court would be unable to produce environmentally-satisfactory results. It underscores that the human-centric fundaments of modern international criminal law (‘ICL’) prevent the ICC from fusing different approaches and values governing international environmental law (‘IEL’) into its institutional design. A middle-ground is proposed instead: rather than surrendering the pursuit of environmental justice before the ICC or risking a ‘symbolic’ revolutionisation, the focus should be re-oriented on maximising the ‘environmental’ potential of the current statutory framework. This approach aligns with the strive towards greater ‘internationalisation’ of international courts and tribunals, encouraging more eager analysis of their statutory provisions from multiple perspectives and in the context of a variety of cross-sectoral international law norms, objectives, principles, and approaches. Two possible directions for progression in that regard are proposed: (i) more resourceful translation of environmental realities into the substantive prohibitions of war crimes and (ii) more active reliance on and application of a ‘greened’ scope of Articles 21(3) and 7(1) of the Statute.

Ecocide
International Criminal Law
Issues