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Boletín mexicano de derecho comparado
On-line version ISSN 2448-4873Print version ISSN 0041-8633
Abstract
NAVA ESCUDERO, César. Environmental Law and Animal Law. Similarities and Differences. Bol. Mex. Der. Comp. [online]. 2022, vol.55, n.165, pp.199-230. Epub Dec 12, 2023. ISSN 2448-4873. https://doi.org/10.22201/iij.24484873e.2022.165.18610.
The purpose of this work is to analyse the similarities and differences that exist between Environmental law and animal law in relation to the legal protection of animals. By using a comparative method, it focuses on three issues that inform and explain the development of each branch of law: 1) terminology proposals; 2) origins and autonomy, and 3) the conceptual framework of the animals’ legal protection. The analytical and comparative methods used in this paper, provide us with evident results in the sense that, while the origins, autonomy and intentions to protect animals are similar, the history of the terminology used for each branch of law is different and the type of concepts used to achieve such protection is, somehow, diverse. In environmental law, this protection is collective and often indirect: by means of species or fauna, by focusing on the places or spaces that animals inhabit (ecosystems, protected areas), by using the notions to which they belong or to which they are attached (nature, natural resources). In animal law, this protection is individual and direct: each individual counts (each animal counts) and focuses on the notions of anti-cruelty and welfare, although now also on rights matters. In relation to originality, this work seeks to demonstrate that both, similarities and differences, from the three selected issues, are clearly identifiable. Regarding the conclusions, although there are differences among these two branches of law, none of them should be perceived as irreconcilable or contradictory for the goal of protecting animals.
Keywords : environmental law; animal law; similarities and differences; terminology; origins and autonomy; the conceptual framework of the animals’ legal protection.
