“Nations Like Unto Yourselves”: An Inquiry into the Status of a General Principle of International Law on Animal Welfare

Abstract

SummaryThis article proposes that there is a general principle of international law concerning the humane treatment of animals. Preoccupation with “animal rights” has been associated with Western cultural imperialism masquerading as a universal ethic. Animal welfare is thus an instructive case study of what Jutta Brunnée and Stephen Toope have identified as the key challenge for international law, that of “construct[ing] normative institutions while admitting and upholding the diversity of peoples in international society.” This article applies the framework of interactional international law set out in Brunnée and Toope’s recent bookLegitimacy and Legality in International Law, while raising questions about the weight that their analysis accords to practice and their willingness to conclude that widely recognized principles to which states fail to adhere in practice lack legal force. The article also examines how laws prohibiting cruelty to animals have emerged precisely from an interactive cultural exchange between East and West, in particular, between England and India. It concludes that Brunnée and Toope’s framework, although it does not deal at any length with general principles of law (a source of international law in which practice plays a relatively minor role), is nevertheless a useful tool for understanding how a culturally contested principle fits into international law and ultimately supports the view that there is a general principle of international law concerning animal welfare.