Biodiversity Conservation, Law and Livelihoods: Bridging the North-South Divide: IUCN Academy of Environmental Law Research Studies

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Overview

This book presents a global perspective on biodiversity conservation and the maintenance of sustainable cultures. Contributions have been collected from scholars in every region of the world, and addresses issues from the international, regional, country-specific perspectives. Themes covered include the history and major government structures in this area; prerequisites to biodiversity conservation; biosecurity; and access to and sharing of benefits from components of biodiversity and their economic value.

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Product Details

Meet the Author

Michael I. Jeffery, QC, is a Professor of Law at Macquarie University and Director of its Centre for Environmental Law, and served as Dean of Law in 1999. He received his LLB degree from the University of Toronto and his LLM degree from Osgoode Hall Law School, York University. A former Chair of the Province of Ontario's Environmental Assessment Board, he was appointed a Queen's Counsel in 1978 and headed the environmental law practice of one of Canada's largest law firms in the 1990s. He has served as Deputy Chair of the IUCN's Commission on Environmental Law and has been the Editor-in-Chief of the Macquarie Journal of International and Comparative Environmental Law since its inception.

Jeremy Firestone is an Assistant Professor of Marine Policy and Legal Studies at the University of Delaware. He holds a J.D. from the University of Michigan and a Ph.D. in Public Policy from the University of North Carolina. Previously, he served as an environmental protection lawyer for the U.S. Environmental Protection Agency and the State of Michigan. Professor Firestone's research and teaching interests include ocean governance, wildlife conservation, energy policy, and indigenous rights.

Karen Bubna-Litic is a senior lecturer in the Faculty of Law at the University of Technology, Sydney, and is Assistant Director of the UTS Centre for Corporate Governance. She holds a Master of Law degree from the University of Sydney. Professor Bubna-Litic has been a visiting professor at the Boalt School of Law, University of California, Berkeley; the School of Environmental Negotiation, University of Virginia; and the Program for Research and Documentation for a Sustainable Society at the University of Oslo. She is a Solicitor and Barrister of the Supreme Court of Western Australia and formerly Director of Research in the Faculty of Law.

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Table of Contents

Acknowledgments; Message from Kofi Annan, Secretary-General of the United Nations; 'Macquarie Statement' (adopted by consensus at 3rd IUCN Academy Colloquium); Introduction; Part I. The Context: 1. Environmental law forty years later: looking back and looking ahead; 2. Biodiversity and international law: historical perspectives and present challenges - where do we come from, where are we going?; 3. Some observations on the IUCN, the Earth Charter, and global governance; 4. The changing role of law in the pursuit of sustainability; Part II. Biodiversity: Its Conservation (A) Needs, Problems, Pre-Requisites: 5. Biodiversity conservation in the context of sustainable human development: a call to action; 6. Legal and paralegal rules for biodiversity conservation: a sequence of conceptual, linguistic and legal problems; 7. Future directions in conservation of biological diversity: an interdisciplinary approach; (B) Implementation of the CBD: 8. Experience, mistakes and challenges: an overview about the implementation of the convention on biological diversity in Brazil; (C) National and Regional Legal and Institutional Tools and Regimes: 9. EC law and biodiversity; 10. Regionalising community-based biodiversity conservation: institutional antinomy in Pacific Island environmental governance?; Part III. Conservation Measures (A) Area-Based: 11. The recent NSW experience, from regional forest agreements to Brigalow and the introduction of the Community Conservation Area; 12. Local people's perceptions and attitudes towards Nech-Sar National Park, Ethiopia; 13. Japanese MPA's at a turning point: nomination of Shiretoko for World Heritage status; (B) Species-Based: 14. 10 years of threatened species legislation in NSW- what are the lessons?; 15. Sanctuaries, protected species and politics: how effective is Australia at protecting its marine biodiversity under the Environment Protection and Biodiversity Conservation Act 1999?; 16. Legal stewardship of mountain regions: the emerging eco-regime; Part IV. Uses of Components of Biodiversity: 17. Legal framework for the ecological and biodiversity needs of soil: progress towards an international instrument for the sustainable use of soil; 18. The Ghanaian forestry regime: bridging the gap between the north and south; 19. Bridging the dominant-indigenous peoples cultural divide: reflections on Makah whaling; Part V. Processes Affecting Biodiversity: (A) Global Warming: 20. Do biodiversity and climate change laws mix?; 21. Emissions trading: a fantasy for China to combat global warming? From a political standpoint; (B) Land Management: 22. A brief historical comparison of the public land disposal policies in Brazil and in the United States; 23. Protecting ecological functions - ecological function zoning and its conservation zones in the PRC; 24. The successful eco-grass project and the policy and legal issues met and solved; Part VI. Biosecurity Issues (A) Invasive Alien Species: 25. Prevention and control of alien invasive species: China's implementation of CBD (B) GMOs: 26. Who is to blame? Liability and redress schemes related to GMOs; 27. The reality and effect of 'advance informed agreement' under the Cartagena Protocol; Part VII. Access and Benefit Sharing: (A) The Situation in Antarctica: 28. Access, obligations and benefits: regulating bioprospecting in the Antarctic; (B) Indigenous Intellectual and Cultural Property Rights: 29. Biotechnological innovations, genetic resources and traditional knowledge: current developments at the World Intellectual Property Organisation; 30. Sharing all the benefit: the challenge of legal recognition of indigenous intellectual and cultural property rights in the Fiji Islands.

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