Abstract

Legal theory provides a coherent and structured set of ideas about what international law is and how it is created. This chapter uses ideas from a theory of international law called interactional international law, developed by Jutta Brunnée and Stephen Toope, to organize important questions about the emergence of global animal law and the contribution of international trade law to it. There are emerging international norms concerning animal welfare, but are they actually law? How do we assess that? If they are, how did they come to be law? If they are not, what more would need to happen for them to become law? And what part does international trade law play in this evolution? The chapter sets out the basic concepts that interactional international law uses to approach these questions: norms based on shared understandings, the criteria of legality, and the idea of a practice of legality.

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