동물 전시의 윤리적ㆍ법적 문제와 동물원의 현대적 과제에 대한 법적 고찰 ― 스와질란드 일레븐 사건(Born Free USA v. Norton case)을 글감으로 하여 ―

This paper aims to review a study on ethicalㆍlegal issues of animal exhibition and modern challenges of Zoo. In this paper, I review main arguments of Animal Liberation and Animal Right, and then I try to analyze Born Free USA v. Norton case, to suggest modern challenges of Zoo. Case synopsis and facts of Born Free USA v. Norton are as follows. Plaintiff advocates for the welfare of elephants sued defendant federal officials, alleging that the officials improperly issued a permit for zoos to import endangered African elephants in violation of the Convention on International Trade In Endangered Species(CITES), and the National Environmental Policy Act(NEPA). The advocates moved for a preliminary injunction against the importation. The zoos sought to import the wild elephants from a foreign country which determined that its herd needed to be reduced and that the elephants would be killed if they were not exported. The advocates contended that the officials improperly found under CITES that the importation of the elephants was not detrimental to the species and was not for a primarily commercial purpose, and that the officials failed to conduct an appropriate environmental evaluation as required by NEPA. The advocates' motion for a preliminary injunction prohibiting the importation of the elephants was denied. The court had to determine what was worse for the elephants, death or transports to the zoos. The court explained that its principal consideration was what would happen to the elephants if the injunction was granted. This case may have important implications for the role of court on animal issues and modern challenges of Zoo. We can also learn something from reviewing Born Free USA v. Norton case. First, when we make a judgment of legal issues on animal exhibition, it is important to consider the interests of animals. Second, current zoo system needs to change, because it has elements that contradict with animal welfare. Generally it is said that the role of zoo are Recreation, Education, Research and Conservation of Wild Populations. WAZA(the World Association of Zoos and Aquariums) says that the vision and roles of zoos are Conservation of Wild Populations, Science and Research, Population Management, Education and Training, Marketing and Public Relations, Partnerships and Politics, Sustainability, Ethics and Animal Welfare. But zoo’s primary function is limited to the supply of recreation. This paper emphasizes that zoos should try to conservation of wild populations, be a shelter for animal.