Nikki McKay and Steve Foster
Human rights, Animals, European Union, EC law, Free movement of goods, Freedom of association, Freedom to provide services, Hunting, Necessary in democratic society, Peaceful enjoyment of possessions, Right to respect for private and family life
Examines the House of Lords decision in R. (on the application of Countryside Alliance) v Attorney General on whether the ban on fox hunting under the Hunting Act 2004 infringed: (1) the rights of hunters under the European Convention on Human Rights 1950 arts 8 and 11; and (2) the rights of parties who were involved in hunting occupationally under Protocol 1 art.1 of the Convention and the EC Treaty arts 28 and 49. Considers whether any interference with the human rights of the parties was justifiable and necessary in a democratic society.
(2008) 13(1) Coventry Law Journal 64-67
Human rights: European Community law – legality of fox-hunting ban
Vernon G. Thomas
Animal, Environment, Birds, Canada, Conservation, EU Law, Hunting, Lead poisoning, United States
Summarises the efforts of EU Member States to restrict the use in hunting of lead shot and sinkers, known to be toxic to wild birds, and compares policy and regulation in the US and Canada. Considers the limitations in this context of the EU framework on wild bird conservation, the regulation of hunting and the control of hazardous chemicals, and discusses the reasons why no specific instrument banning toxic lead products in recreational shooting and angling has been introduced. Suggests how the European Parliament might address this issue.
(2010) 20(1) Environmental Policy and Governance 57-72
Limitations of European Union policy and law for regulating use of lead shot and sinkers: comparisons with North American regulation