Wild Animal Welfare in International Law: The Present Position and the Scope for Development
| Date | 01 November 2013 |
| Published date | 01 November 2013 |
| DOI | http://doi.org/10.1111/1758-5899.12086 |
| Author | Stuart R. Harrop |
Wild Animal Welfare in International Law:
The Present Position and the Scope for
Development
Stuart R. Harrop
University of Sussex
Abstract
Wild animal welfare is a global subject and yet international regulation and policy dealing with welfare is sparse and in
places idiosyncratic. Nevertheless, there is potential to develop a comprehensive and coherent international wild animal
welfare regime in law and policy derived from the propositions in the World Charter for Nature that life has intrinsic
value and deserves ‘respect’. Beyond that, the Convention in International Trade in Endangered Species establishes a
principle –in the context of international trade but with potential for wider application –that welfare protection
should be extended to wild animals under human control. However, further development is more problematic.
Although the International Whaling Commission to a minor extent regulates the welfare of hunted whales, there is no
universal approach to extending welfare to freely living animals in international law and policy. This article analyses this
background and goes on to recommend a way in which international policy may overcome the challenges of polarised
debate and the gulf between moral relativism and moral universalism to develop the foundations of a comprehensive
welfare regime at the international level.
Policy Implications
•We need to clarify existing norms of wild animal welfare protection in international law and policy.
•A coherent and comprehensive scheme of wild animal welfare regulation must be evolved.
•A soft law instrument can be used to overcome polarised discourse in animal protection values.
•We must ensure that all stakeholders are involved in any negotiation of the foundation instrument to build an
international regime of wild animal welfare protection.
Animal welfare has enjoyed popular support throughout
a number of countries during the last century (Harrop
and Harrop, 2001). This support has emanated from the
highest level: the UK’s Royal Society for the Prevention of
Cruelty to Animals (RSPCA) was given the right to use
the word ‘Royal’by Queen Victoria in 1837, and she had
taken a personal interest in the Society before that date
(RSPCA, 2012). Moreover, this popular support is embed-
ded in our daily life in many ways that we may not
notice or we take for granted. Hence, for those prepared
to sit through the credits, most Hollywood films display
the familiar ‘No Animals Were Harmed’
â
disclaimer of
the American Humane Association and that organisation
has been involved in securing film animal welfare since
1940 (American Humane Association, 2012).
Interest in animal welfare is spreading around the
world with many new national organisations coming
into being and a number of animal welfare NGOs specif-
ically working globally to extend the animal welfare mis-
sion. For instance, the World Society for the Protection
of Animals was established by national welfare organisa-
tions to work internationally. It now collaborates with
local partner organisations ‘in more than 50 countries’
and also with a number of international agencies (WSPA,
2013).
In the context of international interest in wild animal
welfare, many welfare NGOs with specific wild animal
interests and experience are now involved not only in
working on the ground around the world but also in lob-
bying at key meetings of international conventions deal-
ing with the conservation of species. As a result an
increasing number of NGOs have a pronounced interna-
tional presence as specialists in wild animal welfare
and carry out their principal lobbying work in the
Global Policy (2013) 4:4 doi: 10.1111/1758-5899.12086 ©2013 University of Durham and John Wiley & Sons, Ltd.
Global Policy Volume 4 . Issue 4 . November 2013 381
Special Section Article
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