Beyond the Goods/Resources Dichotomy: Animal Labor and Trade Law

Abstract

Since its inception, the World Trade Organization (WTO) has, in a rather self-evident manner, treated animals as objects of trade: Animals must be either goods or natural resources subject to the terms and conditions of the General Agreement on Tariffs and Trade (GATT). However, broader public and legal efforts to recategorize animals from goods to “sentient beings,” which are emerging across the world, are casting serious doubt on these assumptions. Using animals’ subjectivity as a starting point, a new and bourgeoning strand of anthropological, ethical, and political studies argues that animals should properly be recognized as working subjects. Be it guide dogs, truffle hogs, logging elephants, or dairy cows—working animals, they argue, are owed wholly new legal and ethical duties. This article builds on these arguments to examine the consequences of “animal labor” for trade law: Are animals wrongly classified as commodities or resources? Is there a need and room to recognize animals as service providers under the General Agreement on Trade in Services (GATS)? What are the legal consequences of this proposed change? This article sets out to answer these questions and argues that recognizing animals as workers in trade law is conceptually coherent and can play a crucial role in empowering states to protect animals effectively at the international level.     

Accountability‐by‐Proxy in Transnational Non‐State Governance

Transnational non‐state governance arrangements (NGAs) are increasingly common in areas such as labor standards and environmental sustainability, often presenting themselves as innovative means through which the lives of marginalized communities in developing countries can be improved. Yet in some cases, the policy interventions adopted by the managers of these NGAs appear not to be welcomed by their supposed beneficiaries. This article accounts for this predicament by examining the effects of different configurations of accountability within NGAs promoting labor rights. Most labor‐rights NGAs incorporate “proxy accountability” arrangements, in which consumers and activists hold decision makers accountable “on behalf” of the putative beneficiaries of the NGAs: workers and affected communities in poorer countries. The article shows how and why different combinations of proxy versus beneficiary accountability influence the choice of policy instruments used by NGAs, and applies the argument to three prominent non‐state initiatives in the domain of labor standards.     

Boundaries beyond borders: Delineating democratic 'peoples' in a globalizing world

This article analyzes the result of attempting to enforce democracy in Haiti. The objective of the international intervention, as stated in United Nations Security Council Resolution 940, was the return of democracy. However, the process in Haiti after the intervention was riddled with problems. The article establishes the Haitian attitudes towards what happened and shows that the type of governance that has been put in place is not what they had expected. It argues that although the international community seems to consider the intervention a success, the objective of the United Nations Resolution has not been reached, because of the international community's unwillingness to consolidate the essential factors upon which to build a democratic society.     

Plain English in the law — a new model for the 21st century

Abstract

Traditional language of the law is called “legalese” because it is difficult for those not trained in its mystery to understand. A myth about legalese is that it is necessary for certainty in law. This is untrue. The proponents of plain English have shown through their writing that the use of plain language in legal writing produces certainty in language that is easy to read and understand. This article looks at the history of the plain English movement and discusses its benefits, shows how legal writing can be improved by its use and, in the final section, briefly gives an illustration of how a culture of plain English writing can be embedded into a law school curriculum.     

Customising Freedom of Information Law Reform in South Pacific Micro-States

Abstract

This article highlights the importance of adopting a pluralist approach to developing freedom of information (FOI) schemes within specific states in an age of ‘adopter intensification’. The limitations of imposing universal ‘off the shelf’ schemes without addressing multifaceted and unique state requirements are highlighted. The South Pacific Region is utilised as an example that demonstrates adoption is merely the initial and simplest step in an ongoing process of adaption and implementation. Comprehension of the ongoing commitment required in implementing effective FOI schemes should exist prior to legislative conception. Draft schemes must consider not only the supply and demand element of FOI within specific states, but also their broader macro- and micro-level intricacies. Vanuatu and Tonga are used as examples to demonstrate that even where a pluralist and staged approach is undertaken progress can still be slow and problematic.     

Alternative sanctions for drug users: fruitless efforts or miracle solution?

In most Western European countries, including Belgium, judicial alternative sanctions are increasingly being used for drug users. Because no study into the effectiveness of Belgian judicial alternatives for drug users has yet been carried out, this became the objective of the current research. The design of this study comprises a pre and post measurement of the criminal activity, drug use and situation in different spheres of life of 565 drug-dependent offenders. Two conclusions can be drawn. First, after an alternative sanction or measure is imposed, there is a reduction in the criminal activity of the offender. Second, this crime reduction goes hand in hand with a progress in several relevant life spheres.     

A report of the 2002–2008 paternity testing workshops of the English speaking working group of the International Society for Forensic Genetics

The English Speaking Working Group (ESWG) of the International Society for Forensic Genetics (ISFG) offers an annual Paternity Testing Workshop open to all members of the group. Blood samples, a questionnaire and a paper challenge are sent to the participants. Here, we present the results of the 2002–2008 Paternity Testing Workshops with the objective to evaluate the uniformity of DNA-profiling and conclusions of the participating laboratories as well as to clarify tendencies in typing strategies and biostatistical evaluations of the laboratories. The numbers of participating laboratories increased from 46 in 2002 to 68 in 2008. The results showed an increasing degree of concordance concerning methods and DNA systems used and a high degree of uniformity in typing results with discrepancies in 0.1 and 0.3 % of all submitted PCR-based results. The paper challenges showed uniformity in the calculation of the weight of evidence for simple cases with straight-forward genetic constellations. However, a high degree of variation existed in complex scenarios with rare genetic constellations such as genetic inconsistencies/possible silent alleles, rare alleles and haplotypes.     

Feminist perspectives report of the feminist perspectives working group to the closing plenary

This article is based on the experiences of the feminist perspectives workshop that met each day of the Congress. It discusses feminism as a worldview and particularly applies that perspective to the Congress proceedings. It examines the Congress in terms of three vital aspects of feminism: power, strategy and diversity. Finally, it suggests some ways in which a global feminist perspective might improve future international conferences.