Biodiversity Litigation
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Biodiversity Litigation
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Author : Guillaume Futhazar
language : en
Publisher: Oxford University Press
Release Date : 2023-03-29
Biodiversity Litigation written by Guillaume Futhazar and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-03-29 with Law categories.
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 Litigation
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Author : Guillaume Futhazar
language : en
Publisher:
Release Date : 2023
Biodiversity Litigation written by Guillaume Futhazar and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023 with Actions and defenses categories.
Biodiversity
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Author : Usha Tandon
language : en
Publisher: Taylor & Francis
Release Date : 2017-11-02
Biodiversity written by Usha Tandon and has been published by Taylor & Francis this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-11-02 with Social Science categories.
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.
Biological Diversity And International Law
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Author : Mar Campins Eritja
language : en
Publisher: Springer Nature
Release Date : 2021-07-16
Biological Diversity And International Law written by Mar Campins Eritja and has been published by Springer Nature this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-07-16 with Law categories.
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.
A Guide To Undertaking Biodiversity Legal And Institutional Profiles
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Author : Lyle Glowka
language : en
Publisher: World Conservation Union
Release Date : 1998-01-01
A Guide To Undertaking Biodiversity Legal And Institutional Profiles written by Lyle Glowka and has been published by World Conservation Union this book supported file pdf, txt, epub, kindle and other format this book has been release on 1998-01-01 with Law categories.
Biodiversity-related laws and institutions will be key mechanisms for attaining the objectives of the Convention on biological diversity. As part of the national biodiversity planning process, legal and institutional profiles should be undertaken to ascertain which laws apply to and affect biodiversity and which institutions oversee legislation and portfolios which intersect with biodiversity conservation, sustainable use and benefit-sharing of genetic resources. Drawing on lessons learned in Bangladesh, Cuba and the Gambia, this will provide legal practitioners with background information and a suggested analytical road map for reviewing their country's particular legal and institutional situation.
Marine Conservation And International Law
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Author : Sarah Louise Lothian
language : en
Publisher: Taylor & Francis
Release Date : 2022-07-22
Marine Conservation And International Law written by Sarah Louise Lothian and has been published by Taylor & Francis this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-07-22 with Law categories.
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.
The Use Of Biodiversity In International Law
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Author : Andreas Kotsakis
language : en
Publisher: Routledge
Release Date : 2021-05-05
The Use Of Biodiversity In International Law written by Andreas Kotsakis and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-05-05 with Law categories.
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.
Global Transformations In The Use Of Biodiversity For Research And Development
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Author : Evanson Chege Kamau
language : en
Publisher: Springer Nature
Release Date : 2022-02-15
Global Transformations In The Use Of Biodiversity For Research And Development written by Evanson Chege Kamau and has been published by Springer Nature this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-02-15 with Law categories.
Enough laws have been enacted since the adoption of the Nagoya Protocol on access and benefit-sharing to permit a study which is capable of accurately portraying the status quo of national implementation of the Protocol and the ensuing practice, emerging challenges and how countries are coping with them. This book, one of the first to present such a study, uniquely combines an examination of the new laws and practice and how they comply with the Nagoya Protocol; of issues not yet resolved by the Protocol and which solutions are being explored; and of how research and development is responding to the new situation. In addition, it proposes solutions to selected questions on ABS based on real-world and hypothetical cases, which could instigate litigation.Written by a team of expert academics and practitioners in the field, this book makes a valuable contribution to academic and policy debates and to academic literature on international environmental law, international biodiversity law, international property law, climate law and the law of indigenous populations. It also offers a reference guide for practicing lawyers in the area of ABS.
Routledge Handbook Of Biodiversity And The Law
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Author : Charles R. McManis
language : en
Publisher: Routledge
Release Date : 2017-11-27
Routledge Handbook Of Biodiversity And The Law written by Charles R. McManis and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-11-27 with Law categories.
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.
Multi Party Litigation
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Author : Wayne V. McIntosh
language : en
Publisher: University of British Columbia Press
Release Date : 2009
Multi Party Litigation written by Wayne V. McIntosh and has been published by University of British Columbia Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009 with Political Science categories.
Sustainable management is a problem for countries that depend on natural resources. Forests contain much of the world's biodiversity and offer significant renewable resources with a potentially small ecological and carbon footprint. Yet as global demand for forest products increases, conserving biodiversity has become more urgent and challenging.--Forestry and Biodiversity makes the case for adaptive management--a structural approach to learning by doing--to sustain biodiversity in managed forests. It draws on the theory and principles of conservation biology and forest ecology and illustrates them, and the challenges they pose, through a practical, real-world study of a 1.1 million hectare commercial operation i a coastal temporate rainforest.--"This book is an essential read and reference for all forest stakeholders who are committed to integrated management of forests for sustained economic, environmental, and cultural values. So much written about this subject is theoretical, but this book shares major lessons from a large-scale real-world effort to implement such management and to assess its effectiveness."--Jerry Franklin, University of Washington--Fred L. Bunnell is professor emeritus of forestry and conservation biology at the University of British Columbia. Glen B. Dunsworth is a forest ecology and conservation biology consultant.