Icade. Revista de la Facultad de Derecho | nº 109 [2020] [ISSN 2341-0841]
Protecting Animals within and across Borders. Extraterritorial Jurisdiction and the Challenges of Globalization
Charlotte E. Blattner
2019. New York: Oxford University Press.
520 pages.
ISBN: 978-01-9094-831-3
Laura Moussa García
Universidad Pontificia Comillas

I found the book captivating, but among all chapters of the book I found very interesting the one on the unexplored: the extraterritoriality. One of the main challenges of today’s world regarding animal rights protection is the conception of animals in society. Animals in today’s world are seen as objects and therefore, it is acceptable to trade with them, this is a widespread general practice. I found the book thought-provoking because it provides the reader with some hope and it is because it deals with the problems of territorial jurisdiction and how animals can be protected. I find very engaging how the book, in the part dealing with extraterritoriality provides a possible solution to protect animal rights. The book set some basic facts of international law that enable the reader to come to a better understanding of the different legal procedures to protect animal rights. An essential rule of international law is that states enjoy jurisdiction over their borders. The author, an expert in animal law and ethics, assumes that the State has good intentions and it aims to protect the rights that belong to animals. The book makes an analogy explaining how States have an interest in penalizing and preventing crimes against humans, they equally have an interest in preventing and sanctioning animal abuse, cruelty and any form of animal suffering. I think that the point of view is well-founded as the author, an international scholar specialized in animal law, makes sure to provide some real examples based on case studies from different countries, such as Germany, United Kingdom or Switzerland. The book is also a little critical about certain state practices that take place when protecting animal rights. It is important to take into account the author highlights the importance of certain forms of regulation in order to protect animal rights like administrative orders or prohibitions against keeping animals, administrative fines, and orders are an important form of regulation. Therefore what I like the most about this book is that it suggests and proposes solutions, it explains the common facts to all legal regimes concerning certain matters and it also applies the solutions to real situations based on an analysis of the animal rights question. The book does not only provides a legal approach based on rules, it also takes into account other factors such as property and it explains how property may also be used as a basis for jurisdiction under the territoriality principle. The book explains how the rule that sets up states have jurisdiction over property where is located is firmly established in Private International Law. This law applies to immovable property and also to animals. The author, a Harvard university law school visiting researcher, opens the debate to the question of whether the lex situs rule is appropriate for animal law or if it is redundant when the wrong done to an animal entails administrative orders or criminal penalties that are covered by the law of the state where the crime was committed or where the administration provisions were violated.

The author, a former ethics professor, compares the different areas in which animals can be victims of international problems in the same way as humans. It explains how just like humans, animals can be victims of cross-border crimes that allow states to invoke territoriality principles. Animals may be moved across borders while a crime is committed against or related to them, or they may be in a single location but are affected by a crime initiated elsewhere, which is consummated where the animals are located. The book provides an explanation and, as previously mentioned, a possible solution to this issue, and it explains how if states applied the two territoriality principle to cross-border crimes committed against animals, this would have a very positive impact on animal’s lives. The fact that the book is always providing the reader with some light that gives them hope in the battle towards animal rights is one of the most thrilling aspects of the book. The book manages to be very optimistic, professional and academic but, at the same time, realistic and extremely well-founded. One of the advantages of the book is that it promotes animal rights and in some way animal rights activism because the author believes in justice for animals, however, the author succeeds in providing a legal analysis of the situation and provides real solutions based on a clear examination of the situation.

To sum up, the book provides the reader with a global picture that enables the public to better understand the animal rights situation, through the analysis of the legal mechanism that we have in our societies and in the international community the author depicts a possible scenario for real animal rights legal protection. The authors also provides a critical approach to the animal rights question that makes sure that extraterritorial animal law is not participating in any kind of oppression. If someone is looking for answers about the way and the reasons in which extraterritorial jurisdiction violates international law, this book is the perfect choice. The book offers different perspectives and it might help the reader go deeper into the animal rights issue.