Protection of Animals Living in the Wild Cover Image

Protection of Animals Living in the Wild
Protection of Animals Living in the Wild

Author(s): Hanna Spasowska-Czarny
Subject(s): Law, Constitution, Jurisprudence, Energy and Environmental Studies, International Law, Public Law, EU-Legislation
Published by: Wydawnictwo Naukowe Uniwersytetu Marii Curie-Sklodowskiej
Keywords: legal protection; free-living animals; wild animals; Polish legislation; dereification; protection of endangered species;

Summary/Abstract: Wild animals function in specific ecosystems, contribute to maintaining biological balance and their legal protection dates back to antiquity. Doubts about the legal nature of free-living animals existed long before the principle of dereification appeared in Polish legislation. Judicature took the position that although animals cannot be denied the attribute of material goods, they are not things. Acceptance of such an assumption led to the conclusion that neither the state nor any other entity has the right of ownership to animals. This was justified by the lack of possibility to subject free-living animals to human authority. The problem of legal protection of free-living animals as a part of substantive administrative law has been regulated in a number of acts of international, European and national law. The types and objectives of the protection of free-living animals and the methods of protection of endangered species are diverse.

  • Issue Year: 30/2021
  • Issue No: 3
  • Page Range: 173-194
  • Page Count: 22
  • Language: English