International Law And The Conservation Of Biological Diversity
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International Law and the Conservation of Biological Diversity by Michael Bowman,Catherine Redgwell Pdf
This work presents a thorough analysis of the biodiversity concept in international law and commentary on the 1992 United Nations Convention on Biological Diversity which was opened for signature following the 1992 UN Conference on Environment and Development. This Convention is the first international treaty explicitly to address all aspects of biodiversity ranging from the conservation and sustainable use of biological resources, to access to biotechnology and the safety of activities related to modified living organisms. The work extends beyond the ambit of the Convention itself to examine the conservation of biodiversity in international law generally, including measures for the protection of the terrestrial, marine and Antarctic environment and particular features relating to sustainable use of biological resources, ex-situ conservation and plant genetic resources. It further analyses the controversial issue of intellectual property rights, the problems of implementation in the European Union and the United States, differences between developing and developed states and the role of indigenous peoples. This major new work has been written by members of the Committee on Environmental Law of the British Branch of the International Law Association following an earlier study on the subject of International Law and Global Climate Change (Graham & Trotman, 1991). It is the first major study of the Convention of the context in which it was negotiated, and of the prospects for its implementation, following the entry into force of the Convention on 29 December 1993.
Conservation, Biodiversity and International Law by A. Gillespie Pdf
'Humanity has been gambling for generations with the extent to which it can degrade nature and continue to prosper. Now the environmental debt is being called in and the ability of international diplomacy and law, government policy and political will to deal with the issues is being tested. Conservation, Biodiversity and International Law is a must read for any practitioner in the high-stakes business of restoring our ability to live in harmony with the natural world that sustains us.' – Alastair Morrison, Department of Conservation, New Zealand 'Biodiversity is the cornerstone of life – our plants, animals, and ecosystems are essential for livelihoods and have shaped our culture and traditions around the world. However our precious biodiversity is at risk as never before. Global targets to reduce biodiversity loss have not been met and we continue to lose biodiversity at an unprecedented rate. In fact we are currently in the middle of an extinction crisis and scientists have advised that one species from our planet is being lost every 38 minutes! The nature of this crisis and the actions taken to address it are clearly and articulately put forward in this landmark book by Professor Al Gillespie. This book is particularly useful in documenting the many policy and legal actions that have been taken to address these issues, and how the application of these instruments can be improved. Although focused on the law, the book covers a range of disciplines including science, philosophy and policy which lay the foundation for international law. This book makes a major and highly valued contribution to the disciple of environmental law and policy and is an invaluable reference for policy makers, practitioners and academic audiences.' – David Sheppard, CEO of the Secretariat of the Pacific Regional Environment Programme (SPREP) 'This book is written by a prominent and influential scholar who also has the benefit of first hand knowledge of practical working of environmental regimes, having participated in several important negotiations. Gillespie's monograph therefore stands out among other publications on the subject of conservation, combining thoughtful and scholarly approach to issues raised with un-parallel insights into the working of environmental law and the conservation of biodiversity. The book is very original in its presentation of this subject, especially in the selection of topics and the approach which is not only legal but also scientific, philosophical and political. This book is evidence of the great erudition of the author not only in the field of conservation but also in international environmental law and general international law, an example of which can be his analysis of the precautionary principle, trade and a very complex issue of the exception for indigenous peoples and science. Mention also must be made of his detailed approach to various multilateral treaty regimes such as Ramsar Convention and the World Heritage Convention. Gillespie wrote an exceptional book which is a must for international layers, both practitioners and scholars. It is a thought-provoking, very well researched and original monograph, which due to its all- encompassing approach will retain its importance for a very long period of time.' – Malgosia Fitzmaurice, Queen Mary, University of London, UK 'A major work: this book provides a comprehensive picture of the international legal challenges of natural heritage conservation. Truly an indispensable tool for policy-makers, experts and students. The book offers a complete guide to the complex world of treaties that regulate conservation at the global scale.' – Francesco Bandarin, UNESCO Assistant Director-General for Culture This important and timely book provides a rigorous overview of the defining issues presently facing conservation at international level. The author provides detailed coverage of topics ranging from the classification of species right through to access and benefit sharing, drawing on his personal experience at intergovernmental level. Each question is examined through the prism of dozens of treaties and hundreds of decisions and resolutions of the key multilateral regimes, and the law in each area is supplemented by the necessary considerations of science politics and philosophy – providing much-needed context for the reader. Combining expert scholarship and first-hand insight, Conservation, Biodiversity and International Law will be an invaluable resource for researchers and practitioners in international environmental law, as well as providing an accessible guide for students.
Biodiversity and International Law by Simone Bilderbeek,Ankie Wijgerde,Netty van Schaik Pdf
"Report of the Global Consultation on the Development and Enforcement of International Environmental Law, with a special focus on the Preservation of Biodiversity and the International Environmental Law Conference"--Page opposite title page.
Biological Diversity and International Law by Mar Campins Eritja,Teresa Fajardo del Castillo Pdf
The book focuses on the interactions between international legal regimes related to biodiversity governance. It addresses the systemic challenges by analyzing the legal interactions between international biodiversity law and related international law applicable to economic activities, as well as issues related to the governance of biodiversity based on functional, normative, and geographic dimensions, in order to present a crosscutting, holistic approach. The global COVID-19 pandemic, the imminent revision of the Strategic Plan for Biodiversity 2011-2020, and the Aichi Targets have created the momentum to focus on the interactions between the Convention on Biological Diversity and other international environmental regimes. Firstly, it discusses the principles that inspire biodiversity-related conventional law, the soft law that conveys targets for enforcement of the Biodiversity Convention, their structural, regulatory and implementation gaps, the systemic relations arising from national interests, and the role of scientific advisory bodies in biodiversity-related agreements. The second part then addresses interactions in specific conventional frameworks, such as the law of multilateral trade and global public health, and the participation of communities in the management of genetic resources. Lastly, the third part illustrates these issues using four case studies focusing on the challenges for sustainability and marine biodiversity in small islands, the Arctic Ocean, the Caribbean Sea, and the Mediterranean Sea, as a way to strengthen a horizontal and joint approach. The book is primarily intended for academics, researchers, and students interested in international environmental law and policy and in interactions for creating conditions for fair, sustainable, and resilient environmental development. By offering an analysis of instruments and criteria for systemic relations in those areas, it will also appeal to public and private actors at the domestic and international level.
The Use of Biodiversity in International Law by Andreas Kotsakis Pdf
This book presents a legal genealogy of biodiversity – of its strategic use before and after the adoption of the Convention on Biological Diversity, 1993. This history of ‘genetic gold’ details how, with the aid of international law, the idea of biodiversity has been instrumentalized towards political and economic aims. A study of the strategic utility of biodiversity, rather than the utility of its protection under international law, the book’s focus is not, therefore, on the sustainable or non-sustainable use of biodiversity as a natural resource, but rather on its historical use as an intellectual resource. Although biodiversity is still not being effectively conserved, nor sustainably used, the Convention on Biological Diversity and its parent regime persists, now after several decades of operation. This book provides the comprehensive answer to the question of the convention’s continued existence. Drawing from environmental history, the philosophy of science, political economy and development studies, this book will be of interest to advanced undergraduate and postgraduate students in Environmental Law, International Law, Environmental Studies, and Ecology.
Marine Protected Areas in International Law by Ingvild Ulrikke Jakobsen Pdf
Marine Protected Areas in International Law – an Arctic perspective by Ingvild Ulrikke Jakobsen, examines the legal rights and obligations of states under international law using Marine Protected Areas to protect marine biodiversity, with a particular emphasis on the Arctic region.
International Law and Marine Areas beyond National Jurisdiction by Vito De Lucia,Alex Oude Elferink,Lan Ngoc Nguyen Pdf
This book investigates competing constructions of areas beyond national jurisdiction, and their role in the creation and articulations of legal principles, providing a broader perspective on the ongoing negotiation at the UN on marine biodiversity beyond national jurisdiction.
Author : Sarah Louise Lothian Publisher : Taylor & Francis Page : 214 pages File Size : 45,5 Mb Release : 2022-07-22 Category : Law ISBN : 9781000619195
Marine Conservation and International Law by Sarah Louise Lothian Pdf
This book provides a blueprint for an International Legally Binding Instrument (ILBI) for the conservation and sustainable use of marine biodiversity beyond national jurisdiction (BBNJ). The development of an ILBI could signify a pivotal turning point in the law of the sea by addressing regulatory, governance and institutional gaps and deficiencies in the existing international law framework for BBNJ. This book analyses the essential components an ILBI will require to effectively conserve and sustainably use BBNJ, focusing on marine genetic resources, areabased management tools, environmental impact assessments, capacity-building and marine technology transfer. It investigates potential areas of compromise, as the success of an ILBI will rely upon the support of a powerful bloc of maritime States, principally the United States, the United Kingdom, Russia, the Netherlands, France and Japan. The participation of major maritime powers will be critical as it is their nationals, corporations and flag vessels that have the financial and technical wherewithal to undertake activities beyond national jurisdiction. This bloc of States has historically been the strongest proponent of the Grotian doctrine of ‘freedom of the seas’ as it aligns with their predominant interest to preserve navigational freedom for their merchant and military fleets. Accordingly, this book assesses the extent to which the Grotian doctrine continues to exert influence on the development of the law of the sea and the development of an ILBI. Providing a comprehensive overview of this important development in international law, this book will be of interest to students, lecturers and academics of law of the sea, international environmental law and biodiversity law.
International Legal Protection of Wild Fauna and Flora by P. van Heijnsbergen Pdf
The book covers that part of public international law that deals with the protection of wild fauna and flora and as such it is part of the concept of international environmental law. The book deals with international legal instruments, usually multilateral, which have as their main goal the protection of wild fauna and/or flora e.g. the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) of 1973 and the Convention on Biological Diversity of 1992. It provides a historical survey, an explanation of some terms and an analysis of the underlying values for nature protection. The substantive law discussed is divided into general international law and special international law. In the part on `general international law', the scarce principles of international law concerning problems of fauna and flora protection, such as the preservation principle and the common heritage principle are examined. In the part on special international law' the objects protected by that law such as species, genetic diversity, ecosystem and habitat is dealt with, as well as the concepts involved. The protection of the object `species' is divided into general protection of species and the special protection of threatened animals and plants. Finally, the part on adjective law deals with the implementation of the international law on wild fauna and flora and considers the different mechanisms of implementation contained in the international legal instruments concerned. The book is based on the author's lecturing experience in international public law during thirty years, as well as on his membership of the Commission on Environmental Law of the IUCN, the International Council on Environmental Law and the Netherlands Committee for International Nature Protection.
Biodiversity Litigation by Guillaume Futhazar,Sandrine Maljean-Dubois,Jona Razzaque,Professor of Environmental Law Jona Razzaque Pdf
Biodiversity is in accelerated decline and urgent action is needed. In 2020, the Strategic Plan for Biodiversity ended, and none of its Aichi Targets were met. Despite the legally disappointing situation on a global level, the role of national courts in adjudicating climate change litigation is showing potential for effective mitigation and adaptation, and judges have become key actors in linking internationally agreed goals with tangible national commitments to mitigate climate change. Can this pursuit of globally agreed goals at a local level be transposed and lead a similar trend for biodiversity governance? This edited collection gives readers an overview of the shape and reach of biodiversity litigation, drawing on specific case studies from countries such as Brazil, China, India and Canada. It considers two questions: Firstly, what is the influence of international biodiversity law on biodiversity litigation? Secondly, what are the trends of biodiversity litigation? Leading experts discuss these questions from the perspective of developing, developed and mega bio-diverse countries, promoting the concept of biodiversity litigation as a common notion of environmental law, and arguing for more creative legal thinking when dealing with and analysing biodiversity-related disputes.
Biodiversity by Usha Tandon,Mohan Parasaran,Sidharth Luthra Pdf
Conservation of biodiversity is a fundamental concern towards securing a sustainable future. This volume argues that despite various domestic and international policies and legal frameworks on biodiversity conservation — be it forest, wildlife, marine, coastal, etc. — their implementation suffers from many deficiencies. It explores the factors that hinder effective implementation of these policies and frameworks. It also analyses existing laws, both international and domestic, to identify inherent problems in the existing legal system. The book maintains that careful adherence to established procedures and protocols, public awareness, filling the lacuna in legal framework, and a strong political will are sine qua non for effective conservation of biodiversity and sustainable development. The volume defends the protection of traditional knowledge and participation of indigenous communities along with reinforcements of intellectual property in this regard. It also commends the role played by the Indian judiciary, especially the Supreme Court of India and India’s National Green Tribunal for the preservation and enhancement of natural resources by applying established as also evolving principles of environmental law. This book will be useful to scholars and researchers of environmental studies, development studies, policy studies and law related to biodiversity and conservation.
Research Handbook on Biodiversity and Law by Michael Bowman,Peter Davies,Edward Goodwin Pdf
The crucial importance of biodiversity law to future human welfare is only now being fully appreciated. This wide-ranging Handbook presents a range of perspectives from leading international experts reflecting up-to-date research thinking on the vital subject of biodiversity and its interaction with law. Through a rigorous examination of the principles, procedures and practices that characterise this area of law, this timely volume effectively highlights its objectives, implementation, achievements, and prospects. More specifically, the work addresses the regulatory challenges posed by the principal contemporary threats to biological diversity, the applicable general principles of international environmental law and the visions, values and voices that are shaping the development of the law. Presenting thematic rather than regime-based coverage, the editors demonstrate the state-of-the-art of current research and identify future research needs and directions. This comprehensive and authoritative Handbook will be an indispensable resource for legal scholars, students and practitioners alike.
International Law and the Environment by Patricia W. Birnie,Alan E. Boyle,Catherine Redgwell Pdf
Assessing the basic principles, structure and effectiveness of the international legal system concerning the protection of the world's natural environment, this text has been updated to take account of developments in genetically modified organisms and biotechnology.
Incorporating Indigenous Rights in the International Regime on Biodiversity Protection by Federica Cittadino Pdf
In Incorporating Indigenous Rights in the International Regime on Biodiversity Protection, Federica Cittadino convincingly interprets the Convention on Biological Diversity (CBD) and its related instruments in light of indigenous rights and the principle of self-determination.
Protecting Forest and Marine Biodiversity by Ed Couzens,Alexander Paterson,Sophie Riley,Yanti Fristikawati Pdf
This timely book contributes to discussions on the best legal practices to use to promote conservation, protection and sustainable use of biological diversity in forest and marine areas. The breadth of issues explored across these two themes is immense, and the book identifies both key differences, and striking commonalities between them.