The author of this study proposes a fundamental review of biodiversity protection policies. Instead of conservation/preservation, a shift to attention to ecosystem management with human rights and human dignity at the center is recommended. This study prescribes a comprehensive system for the protection of biodiversity. Human rights standards, free trade in wildlife and regulated free access to plant genetic resources are proposed as the elements of this system. Practitioners and scholars concerned with environmental issues, human rights, and sustainable development problems will find this work of great interest. Published under the Transnational Publishers imprint.
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. Cittadino’s harmonisation of these formally separated regimes serves at least two main purposes. First, it ensures respect for the human rights framework that protects indigenous rights whilst implementing the biodiversity regime. Second, harmonisation allows for the full operationalisation of the indigenous related provisions of the CBD framework that concern traditional knowledge, genetic resources, and protected areas. Federica Cittadino successfully demonstrates that the CBD may allow for the protection of indigenous rights in ways that are more advanced than under current human rights law.
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.
This volume provides a reference textbook and comprehensive compilation of multifaceted perspectives on the legal issues arising from the conservation and exploitation of non-human biological resources. Contributors include leading academics, policy-makers and practitioners reviewing a range of socio-legal issues concerning the relationships between humankind and the natural world. The Routledge Handbook of Biodiversity and the Law includes chapters on fundamental and cutting-edge issues, including discussion of major legal instruments such as the Convention on Biological Diversity and the Nagoya Protocol. The book is divided into six distinct parts based around the major objectives which have emerged from legal frameworks concerned with protecting biodiversity. Following introductory chapters, Part II examines issues relating to conservation and sustainable use of biodiversity, with Part III focusing on access and benefit-sharing. Part IV discusses legal issues associated with the protection of traditional knowledge, cultural heritage and indigenous human rights. Parts V and VI focus on a selection of intellectual property issues connected to the commercial exploitation of biological resources, and analyse ethical issues, including viewpoints from economic, ethnobotanical, pharmaceutical and other scientific industry perspectives.
The Elgar Encyclopedia of Environmental Law is a landmark reference work, providing definitive and comprehensive coverage of this dynamic field. Each volume probes the key elements of law, the essential concepts, and the latest research through concise, structured entries written by international experts. Each entry includes an extensive bibliography as a starting point for further reading. The mix of authoritative commentary and insightful discussion will make this an essential tool for research and teaching, as well as a valuable resource for professionals and policymakers. The unprecedented degradation of the planet's vital ecosystems and species, and the consequent damage to the variability of life on Earth, are one of the most pressing issues confronting the international community. The purpose of this volume of the Elgar Encyclopedia of Environmental Law is to provide a critical assessment of international biodiversity law in the face of the failed attempts to reduce the global trend in irreversible biodiversity loss and the need to increase efforts, including through indirect drivers of change such as institutions, governance and legal frameworks. The volume assesses comprehensively how and to what extent international law has addressed the key concerns presently facing biodiversity conservation, made recourse to conventional and market-based approaches to biodiversity conservation and sustainable use, tackled cross-cutting issues, and considered direct as well as indirect changes in socio-economic conditions. In doing so, the volume examines the historical development, principles, themes and cross cutting issues of international biodiversity law. Each article, written by an invited expert in that field, contains an overview of the topic, provides a concise review of current knowledge, identifies new directions for cutting-edge research and offers an extensive bibliography. This major research-focused resource and its in-depth exploration of the field of biodiversity law is an essential reference for university students, teachers, researchers, practitioners and policy makers. Contributors include: N. Affolder, S. Aguilar, S. Alam, R.A. Barnes, V. Barral, S.W. Burgiel, A. Cardesa-Salzmann, C. Chiarolla, A. Cliquet, N. Craik, N. de Sadeleer, L. de Silva, D. Diz, B. Ferreira de Souza Dias, A. Fodella, K. Garforth, A. Gupta, V. Jenkins, H.C. Jonas, A. Kotsakis, A. Langlais, S. Maljean-Dubois, E. Morgera, R. Moynihan, M. Ntona, A. Orsini, R. Pavoni, N. Peralta, F. Perron-Welch, D. Piselli, J. Razzaque, S. Romppanen, A. Savaresi, N. Schabus, H. Schoukens, P. Schwartz, E.J. Techera, E. Tsioumani, H. van Asselt, M. Wemaëre, C. Willmore,
IUCN's Protected Areas Management Categories, which classify protected areas according to their management objectives, are today accepted as the benchmark for defining, recording, and classifying protected areas. They are recognized by international bodies such as the United Nations as well as many national governments. As a result, they are increasingly being incorporated into government legislation. These guidelines provide as much clarity as possible regarding the meaning and application of the Categories. They describe the definition of the Categories and discuss application in particular biomes and management approaches.
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.
"This book is based on presentations made at the Malmö Conference by many of the most knowledgeable experts on both the on-going bbnj negotiations at the United Nations and on the well- established UNCLOS principles and rules. The Malmö Conference featured remarks by distinguished diplomats followed by six parts devoted to identifying the major issues at the bbnj negotiations"--
The IUCN Academy of Environmental Law Research Studies' third colloquium brought together more than 130 experts from 27 nations on nearly every continent. This book brings together a number of papers presented there and offers a global perspective on biodiversity conservation and the maintenance of sustainable cultures.
The Routledge Handbook on Extraterritorial Human Rights Obligations brings international scholarship on transnational human rights obligations into a comprehensive and wide-ranging volume. Each chapter combines a thorough analysis of a particular issue area and provides a forward-looking perspective of how extraterritorial human rights obligations (ETOs) might come to be more fully recognized, outlining shortcomings but also best state practices. It builds insights gained from state practice to identify gaps in the literature and points to future avenues of inquiry. The Handbook is organized into seven thematic parts: conceptualization and theoretical foundations; enforcement; migration and refugee protection; financial assistance and sanctions; finance, investment and trade; peace and security; and environment. Chapters summarize the cutting edge of current knowledge on key topics as leading experts critically reflect on ETOs, and, where appropriate, engage with the Maastricht Principles to critically evaluate their value 10 years after their adoption. The Routledge Handbook on Extraterritorial Human Rights Obligations is an authoritative and essential reference text for scholars and students of human rights and human rights law, and more broadly, of international law and international relations as well as to those working in international economic law, development studies, peace and conflict studies, environmental law and migration. The Open Access version of this book, available at www.taylorfrancis.com, has been made available under a Creative Commons Attribution-Non Commercial-No Derivatives 4.0 license
