International Law and the Conservation of Biological Diversity

International Law and the Conservation of Biological Diversity

Author: Michael Bowman

Publisher: Kluwer Law International B.V.

Published: 1996-01-10

Total Pages: 350

ISBN-13: 9041108637

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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.


Routledge Handbook of Biodiversity and the Law

Routledge Handbook of Biodiversity and the Law

Author: Charles R. McManis

Publisher: Routledge

Published: 2017-11-27

Total Pages: 496

ISBN-13: 131553083X

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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.


Biodiversity Conservation, Law and Livelihoods: Bridging the North-South Divide

Biodiversity Conservation, Law and Livelihoods: Bridging the North-South Divide

Author: Michael I. Jeffery

Publisher: Cambridge University Press

Published: 2008-01-07

Total Pages: 617

ISBN-13: 0521885035

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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.


Biological Diversity and International Law

Biological Diversity and International Law

Author: Mar Campins Eritja

Publisher: Springer Nature

Published: 2021-07-16

Total Pages: 224

ISBN-13: 3030729613

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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.


Biodiversity

Biodiversity

Author: Usha Tandon

Publisher: Taylor & Francis

Published: 2017-11-02

Total Pages: 211

ISBN-13: 1351337084

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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.


Biodiversity and the Law

Biodiversity and the Law

Author: William J. Snape

Publisher:

Published: 1996

Total Pages: 296

ISBN-13:

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In stimulating and wide-ranging essays, contributors explain the importance of biodiversity law as it relates to all aspects of everyday life, and explore its major scientific and legal angles. Throughout, they argue that the preservation of biodiversity, which by definition includes all species of life on Earth, should be recognized as the main objective of environmental law and policy. Biodiversity and the Law is an important source of information for conservation advocates, agency personnel and other professionals who must understand and comply with existing law, students of law or wildlife management, and national and international policymakers and their staffs.


Biological Diversity Conservation and the Law

Biological Diversity Conservation and the Law

Author: Cyrille de Klemm

Publisher: IUCN

Published: 1993

Total Pages: 330

ISBN-13: 9782831701929

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Covers the full spectrum of legal mechanisms available for conserving biodiversity. Part 1 discusses the scope of state powers to conserve wild species and habitats, legal mechanisms for controlling taking, procedures for listing species in need of conservation measures, mechanisms for controlling trade and the challenges of enforcement. Part 2 covers area-based conservation at local and national level, as well as in transfrontier protected areas and areas beyond national jurisdiction. It discusses public ownership, voluntary agreements, and regulatory measures and looks at a number of innovative instruments, planning controls, incentives and disincentives.


Research Handbook on Biodiversity and Law

Research Handbook on Biodiversity and Law

Author: Michael Bowman

Publisher: Edward Elgar Publishing

Published: 2016-04-29

Total Pages: 507

ISBN-13: 178100479X

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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.


Accessing Biodiversity and Sharing the Benefits

Accessing Biodiversity and Sharing the Benefits

Author: Santiago Carrizosa

Publisher: IUCN

Published: 2004

Total Pages: 332

ISBN-13: 2831708168

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The book aims to address the lack of information on the experiences of others by providing a comparative analysis of national access and benefit-sharing laws and policies in the 41 Pacific Rim countries that signed the CBD. It provides key insights on the main characteristics of selected access and benefit-sharing (ABS) policies and laws, their development, and implementation process. It contains a detailed comparative analysis of existing laws and policies. It presents four case studies of countries with regulations in place and contrasts them with four case studies of countries that are struggling to develop their regulations. It ends by discussing options of an international regime on ABS and a summary analysis of the main lessons and recommendations from the study.