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"Nature conservation -- Law and legislation"
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The privatisation of biodiversity? : new approaches to conservation law
Current regulatory approaches have not prevented the loss of biodiversity across the world. This book explores the scope to strengthen conservation by using different legal mechanisms such as biodiversity offsetting, payment for ecosystem services and conservation covenants, as well as tradable development rights and taxation. The authors discuss how such mechanisms introduce elemhents of a market approach as well as private sector initiative and resources. They show how examples already in operation serve to highlight the design challenges, legal, technical and ethical, that must be overcome.
Book
The 2010 Nagoya Protocol on Access and Benefit-sharing in perspective : implications for international law and implementation challenges
The 2010 Nagoya Protocol on Access and Benefit-sharing in Perspective analyses the implications of this innovative environmental treaty for different areas of international law, and its implementation challenges in various regions and from the perspectives of various stakeholders.
eBook
Should trees have standing? : law, morality, and the environment
\"In this collection of essays, the author argues that natural objects, such as trees, should have legal rights through the appointment of guardians designated to protect them. It covers such areas as : agriculture and the environment ; can the oceans be harbored ; establishing a guardian for future generations ; reflections on sustainable development ; how to heal the planet ; environmentalism, is it dead?--By the publisher.\"
Book
Implementing the Nagoya Protocol
Implementing the Nagoya Protocol compares existing ABS regimes in ten European countries, including one non-EU member and one EU candidate country, and critically explores several cross-cutting issues related to the implementation of the Nagoya Protocol in the EU.
eBook
Natura 2000 et le Juge/Natura 2000 and the Judge
S'inscrivant dans le cadre des activites de l'Observatoire juridique Natura 2000, le theme du present ouvrage porte sur les questions juridiques que souleve l'application par le juge national - constitutionnel, administratif et judiciaire - des dispositions relatives a Natura 2000, en vue d'evaluer la contribution du juge a l'effectivite de ces dernieres.Corps de regles complexe, technique, faisant appel a des concepts scientifiques ardus a interpreter pour un non-scientifique, le regime Natura 2000 n'est guere aise a appliquer pour un juge non specialise. Le recours a l'expertise est souvent indispensable pour determiner dans quelle mesure tel ou tel standard - par exemple le caractere significatif d'un impact - a ete respecte ou non. Pour cette raison, les solutions trouvees par le juge aux differents problemes que pose l'application du regime Natura 2000 dans les differents Etats membres meritent l'attention et sera enrichissante tant pour le chercheur que pour le praticien.As part of the activities of the Legal Observatory Natura 2000, this book focuses on legal issues arising from the implementation by the national courts - constitutional, administrative and judicial ones - of the provisions relating to Natura 2000, in order to assess the contribution of the judge to the effectiveness of this regime.The enforcement of this legislation, which encompasses a complex body of technical rules, grounded on scientific concepts difficult to interpret for a non-scientist, is not easy to apply by a non-specialized judge. The use of expertise is essential to determine how a particular standard - for example the significant character of an impact - has been met or not. For this reason, the solutions found by the judge to the various problems arising from the application of the Natura 2000 provisions in the different Member States deserve attention and will be rewarding for both researchers and practitioners.
eBook
EU environmental principles and scientific uncertainty before national courts : the case of the Habitats Directive
\"This comparative book explores the dynamics driving how courts across Europe and beyond understand and analyse scientific information in nature conservation. The Habitats and the Birds Directive-the core of EU nature conservation law-are usually seen as the most 'uniform' parts of EU environmental law. This book analyses the case law from 11 EU current and former Member States' courts and explores the dynamics of how, and crucially why, their understandings of scientific uncertainty on the one hand, and EU environmental principles on the other, vary. The courts' scope and depth of review, access to scientific knowledge, and scientific literacy all influence such decisions-as does their interpretation of norms and principles. How have the courts evaluated scientific evidence, encompassing its essential uncertainties? This book answers this and many more questions pertinent to EU environmental law, comparative environmental law, administrative law, and STS studies. Co-edited by experienced leaders in the field, and with outstanding contributors, this book is an essential guide to the dynamics of nature conservation law.\"-- Provided by publisher.
BOOK
Sustainability and the Rights of Nature in Practise
The question continues of how best to repair humanity's relationship with Nature, which has been reduced to a 'relationship' allowing human use of all and any 'natural resources' since the advent of widespread industrialisation. That the lack of respect for natural processes has led to severe and worsening environmental consequences, ranging from desertification and widespread air, water and soil pollution to climate change, is no longer disputed.
eBook
\Debating\ nature conservation
This book is about the politics of nature conservation in late New Order and early Reformasi Indonesia. It approaches the subject through discourse analysis. Understanding politics as a struggle for discourse hegemony it analyses both processes of policy- and lawmaking in Jakarta and of implementation in national parks, and their outcomes, and addresses a number of questions: Which discourses have dominated conservation policies and laws throughout history? How did Ministers, members of Parliament, state officials, NGOs and residents of national parks try to decide debates on conservation in their advantage? Which unwritten rules helped or constrained them in this effort? How did the struggle for discourse hegemony affect policy and law, policy- and lawmaking and implementation?
eBook