Environmental Discourses in Public and International Law, edited by Brad Jessup and Kim Rubenstein , published by Cambridge University Press, 2012, xxii + 536 pp., $161.00, hardback.

• Author: Jan De Mulder
• DOI: http://doi.org/10.1111/reel.12056
• Date: 01 April 2014
• Published date: 01 April 2014

nizing that various human activities

sometimes cause considerable

animal harm. While some harm can

no doubt be prevented by educa-

tion, behavioural change and direct

intervention with known offenders,

it is unfortunate that some of the

activities, such as indigenous rein-

deer herding in the Nordic coun-

tries, are discussed in this book

because they do not appear to fit

well in its scope, with the majority

of other activities, in fact, being

illegal – such as wildlife trafficking

(Chapter 8), badger baiting, hare

coursing, and dog and cock fighting

(Chapter 4).

The concluding chapter reveals that

individuals cause harm to animals

partly for economic benefit and

partly due to social, socioeconomic

and psychological stresses (Chapter

10). Additionally, the low likelihood

of detention, apprehension and

prosecution means that individuals

engaging in animal harm are likely

to go unpunished. Because of the

wide range of offences found in

existing legislation (e.g., cruelty

towards animals, trade in endan-

gered species of wildlife and badger

baiting), Nurse proposes a new

typology of animal offenders and

their motivations. These different

types of offenders could be used to

inform the way in which wildlife

crime can be deterred. Nurse sug-

gests that current public policy

approaches should address the

wider social implications of animal

harm and focus on early interven-

tion and prevention, rather than

detection and punishment. The

book also notes that the uniform

treatment of all offenders is

unlikely to be successful in prevent-

ing animal harm. Therefore, a

number of policies are needed to

address the underlying causes

including poverty, disadvantage

and unemployment. Some of the

suggested solutions to tackle

animal harm include education,

behavioural change and direct

intervention or treatment of known

offenders.

Overall, the book offers an in-depth

analysis of the reasons why the

enforcement of laws enacted to

protect animals from harm is chal-

lenging. It is very practical and

informative and takes a realistic

view of the current situation by

noting that it is improbable that

States will introduce legal rights for

animals in the foreseeable future.

Additionally, it acknowledges that

the protection of animals from

cruelty is the responsibility of each

State in the absence of an interna-

tional legal framework for protect-

ing animals from cruelty. This book

is useful to anyone interested in

animal law and ethics and the chal-

lenges decision makers face when

met with public demand for a ban

on morally objectionable products

and practices.

Sanna Elfving

PhD candidate

University of Surrey

Guildford, UK

Environmental Discourses

in Public and International

Law, edited by Brad Jessup

and Kim Rubenstein,

published by Cambridge

University Press, 2012, xxii +

536 pp., $161.00, hardback.

This book contains a collection of

18 chapters written by a number of

academics, mainly public and inter-

national lawyers. It is the third

volume in the Connecting Interna-

tional Law with Public Law series.

The series seeks to broaden under-

standing of how public law and

international law intersect. The

topics of this series revolve around

the International Association of

Research Universities thematic

research topics, which are explored

in workshops. Issues that have been

addressed in other volumes of this

series are health, the environment,

movement of people and security.

In their introductory chapter, Brad

Jessup and Kim Rubenstein state

that the development of environ-

mental laws can be considered an

extension of other foundational

international and public laws.

These laws endorse and implement

theorized environmental principles,

such as the precautionary prin-

ciple and sustainable development.

Regarding the development and

application of environmental legis-

lation, the contributions offer two

important perspectives. First, the

development of environmental leg-

islation is considered as being more

complex than a conventional linear,

principled or responsive approach.

This involves the concept of ‘dis-

courses’, as a discourse is a shared

way of comprehending the world,

including legislation. While the

concept of ‘environmental dis-

courses’ is more familiar to political

scientists than lawyers, it resonates

within the spheres of public and

international law, where legal

outcomes are usually drawn from

or amount to policy. The second

perspective is that international

and public laws are more connected

and differently connected than con-

ventionally expressed. An example

is the international climate change

negotiations, which are heavily

influenced by domestic policy. As a

consequence, these negotiations

became a game whereby each

nation attempts to incorporate as

much of their public policy into

international decisions as they can.

By referring to, among others, John

Dryzek, the editors thus clarify

the concept of ‘environmental

discourse’.

The book is divided into five

parts. Each part employs environ-

mental discourses in different ways,

drawing upon, and making rich

connections between, public and

international law. Part I explores

environmental discourses founded

in philosophy or framed as rights in

international law and in domestic

laws. This part contains four contri-

butions that deal with the issue of

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Review of European Community & International Environmental Law

Book Reviews RECIEL 23 (1) 2014

© 2014 John Wiley & Sons Ltd

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