Biodiversity Litigation
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| Author | : Guillaume Futhazar |
| Publisher | : Oxford University Press |
| Total Pages | : 449 |
| Release | : 2023-03-29 |
| Genre | : Law |
| ISBN | : 0192865463 |
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.
| Author | : Michael I. Jeffery |
| Publisher | : Cambridge University Press |
| Total Pages | : 622 |
| Release | : 2008-01-07 |
| Genre | : Law |
| ISBN | : 9781139469128 |
The IUCN Academy of Environmental Law Research Studies' third colloquium of 2005 brought together more than 130 experts from 27 nations on nearly every continent. This book brings together a number of the papers presented there and offers a global perspective on biodiversity conservation and the maintenance of sustainable cultures. It addresses issues from international, regional, and country-specific perspectives. The book is organized thematically to present a broad spectrum of issues, including the history and major governance structures in this area; the needs, problems, and prerequisites for biodiversity; area-based, species-based, and ecosystem-based conservation measures; the use of components of biodiversity and the processes affecting it; biosecurity; and access to and sharing of benefits from components of biodiversity and their economic value.
| Author | : Usha Tandon |
| Publisher | : Routledge Chapman & Hall |
| Total Pages | : 348 |
| Release | : 2019-12-12 |
| Genre | : Biodiversity conservation |
| ISBN | : 9780367886776 |
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.
| Author | : Mar Campins Eritja |
| Publisher | : Springer Nature |
| Total Pages | : 224 |
| Release | : 2021-07-16 |
| Genre | : Law |
| ISBN | : 3030729613 |
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.
| Author | : Ludwig Krämer |
| Publisher | : Bloomsbury Publishing |
| Total Pages | : 647 |
| Release | : 2024-05-30 |
| Genre | : Law |
| ISBN | : 150996908X |
The new edition of this essential book details the present state of EU environmental law as it has developed over the last 50 years. The author was personally involved in its making and enforcement, having worked for more than 30 years in the environmental department of the European Commission. The book therefore provides unique insights into this complex field. The book discusses in detail governance and other horizontal issues, such as competence questions, the division of power between the EU and its Member States, the individual right to a clean environment, and the integration of environmental requirements into other EU policies such as energy, transport, agriculture, fisheries, trade, and tourism. New chapters elaborate on the relationship between UK and EU law after Brexit (written by Christopher Badger) and on the global effect of EU environmental law and policy. Other chapters deal with climate change, biodiversity, water protection, air and noise pollution, products, and waste. Implementation of EU law in the Member States and the prominent role of the EU Court of Justice with its more than 1,100 environmental judgments are discussed, as well as an overall assessment of EU law and policy in environmental matters and its perspectives to 2030 under the 8th EU environmental action programme. At a time of globalisation, the book is indispensable reading for students, researchers, and practising lawyers alike.
| Author | : Giovanni Antonelli |
| Publisher | : Springer Nature |
| Total Pages | : 355 |
| Release | : |
| Genre | : |
| ISBN | : 3031562186 |
| Author | : Giovanni Antonelli |
| Publisher | : Springer Nature |
| Total Pages | : 348 |
| Release | : 2023-12-01 |
| Genre | : Law |
| ISBN | : 3031415272 |
This book sheds light on the latest trends in environmental law by analyzing some of the main sectors of law, including administrative law, constitutional law, EU law, US Law, and human rights law. It explores the evolution of these sectors before courts and tribunals from a US-EU perspective and from the perspectives of some of the foremost academics and justices from the major jurisdictions. Supranational and national courts, both in Europe and in the US, have delivered significant environmental judgements in recent years. The corresponding case law reflects how, in many jurisdictions, environmental and climate litigation continues to expand exponentially as a tool to strengthen environmental protection, whether by pushing national governments to be more ambitious or by enforcing existing statutes and regulations. Courts, particularly after the Paris Agreement, are increasingly seeking their own role as an important player in multilevel environmental governance. Courts in both the US and EU are at the forefront of this process and their role in shaping environmental rule of law will be fundamental in the near future.
| Author | : Oommen V. Oommen |
| Publisher | : Springer Nature |
| Total Pages | : 378 |
| Release | : 2023-01-18 |
| Genre | : Technology & Engineering |
| ISBN | : 3031161866 |
This book deals with the economic potentials of biodiversity and its capacity to support its own conservation aiming to provide livelihood for millions engaged in conservation, both now and for future generations. The book highlights the potentials of natural resources which are characterized as capital wealth (as defined in Convention on Biological Diversity (CBD)), to finance its own conservation and to provide livelihood means to people who conserve it. The book is divided into five Parts. PART I explains about the Premise of Access and Benefit Sharing (ABS), PART II describes about the Technology Transfer, PART III will provide details about the Access to Genetic Resources and to Associated Traditional Knowledge and Benefit Sharing PART IV is the Implementation of ABS Mechanisms and PART V is about ABS and Its Economics. This book will be of interest to biodiversity policy makers, administrators, university and college students, researchers, biodiversity conservationists.
| Author | : Eric T. Freyfogle |
| Publisher | : |
| Total Pages | : 364 |
| Release | : 2009-01-05 |
| Genre | : Science |
| ISBN | : |
Wildlife Law is a comprehensive and readable primer that provides an overview of U.S. wildlife law for a broad audience, including professionals who work with wildlife or who manage wildlife habitat, students across the spectrum of natural resource courses, landowners, developers, hunters, guides, and those associated with the field of private game ranching. Authors Eric T. Freyfogle and Dale D. Goble are legal scholars who are experts in wildlife law. This book is the first ever to survey the entire field, covering state and federal law with a strong grounding in wildlife science. The writing style is lively and engaging, with descriptions of unusual and intriguing cases that illustrate key points and bring to life the importance and intricacies of the field. The book includes thirteen chapters on topics such as • what wildlife law is, what it covers, and what it seeks to achieve; • constitutional issues and key federal statutes; • wildlife liability issues, from spider bites to escaped zoo animals; • state game laws, hunting and fishing rights of Indian tribes; • and the Endangered Species Act. Wildlife Law fills a long-standing gap in the literature and introduces readers to the basics of wildlife law while exploring such current controversies as endangered species protection, tribal fishing rights, game ranches, and the challenges of constructing wildlife corridors. It is a much-needed addition to the bookshelf of everyone working with or concerned about wildlife in the United States.
| Author | : A. F. Munir Maniruzzaman |
| Publisher | : EOLSS Publications |
| Total Pages | : 396 |
| Release | : 2010-10-30 |
| Genre | : |
| ISBN | : 1848264062 |
International Sustainable Development Law is a component of Encyclopedia of Development and Economic Sciences in the global Encyclopedia of Life Support Systems (EOLSS), which is an integrated compendium of twenty one Encyclopedias. The Theme on International Sustainable Development Law reflects on the rights and duties of states and other actors in the development process. The chapters range from International Development Law standard applications of economic theory to more radical approaches. These three volumes are aimed at the following five major target audiences: University and College Students Educators, Professional Practitioners, Research Personnel and Policy Analysts, Managers, and Decision Makers, NGOs and GOs.
