Biodiversity Litigation

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Publisher : Oxford University Press
ISBN 13 : 0192865463
Total Pages : 449 pages
Book Rating : 4.1/5 (928 download)

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Book Synopsis Biodiversity Litigation by : Guillaume Futhazar

Download or read book Biodiversity Litigation written by Guillaume Futhazar and published by Oxford University Press. This book was released on 2023-03-29 with total page 449 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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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Publisher :
ISBN 13 : 9780192689153
Total Pages : 0 pages
Book Rating : 4.6/5 (891 download)

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Book Synopsis Biodiversity Litigation by : Guillaume Futhazar

Download or read book Biodiversity Litigation written by Guillaume Futhazar and published by . This book was released on 2023 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt:

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

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Author :
Publisher : Cambridge University Press
ISBN 13 : 9781139469128
Total Pages : 622 pages
Book Rating : 4.4/5 (691 download)

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Book Synopsis Biodiversity Conservation, Law and Livelihoods: Bridging the North-South Divide by : Michael I. Jeffery

Download or read book Biodiversity Conservation, Law and Livelihoods: Bridging the North-South Divide written by Michael I. Jeffery and published by Cambridge University Press. This book was released on 2008-01-07 with total page 622 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Research Handbook on Biodiversity and Law

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Author :
Publisher : Edward Elgar Publishing
ISBN 13 : 178100479X
Total Pages : 512 pages
Book Rating : 4.7/5 (81 download)

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Book Synopsis Research Handbook on Biodiversity and Law by : Michael Bowman

Download or read book Research Handbook on Biodiversity and Law written by Michael Bowman and published by Edward Elgar Publishing. This book was released on 2016-04-29 with total page 512 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

The Use of Biodiversity in International Law

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Publisher : Routledge
ISBN 13 : 1317535200
Total Pages : 139 pages
Book Rating : 4.3/5 (175 download)

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Book Synopsis The Use of Biodiversity in International Law by : Andreas Kotsakis

Download or read book The Use of Biodiversity in International Law written by Andreas Kotsakis and published by Routledge. This book was released on 2021-05-05 with total page 139 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Biodiversity and International Law

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Author :
Publisher : IOS Press
ISBN 13 : 9789051990676
Total Pages : 236 pages
Book Rating : 4.9/5 (96 download)

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Book Synopsis Biodiversity and International Law by : Simone Bilderbeek

Download or read book Biodiversity and International Law written by Simone Bilderbeek and published by IOS Press. This book was released on 1992 with total page 236 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Report of the Global Consultation on the Development and Enforcement of International Environmental Law, with a special focus on the Preservation of Biodiversity and the International Environmental Law Conference"--Page opposite title page.

Biodiversity and the Law

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Author :
Publisher : Earthscan
ISBN 13 : 1849770573
Total Pages : 521 pages
Book Rating : 4.8/5 (497 download)

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Book Synopsis Biodiversity and the Law by : Charles R. McManis

Download or read book Biodiversity and the Law written by Charles R. McManis and published by Earthscan. This book was released on 2012 with total page 521 pages. Available in PDF, EPUB and Kindle. Book excerpt: How do we promote global economic development, while simultaneously preserving local biological and cultural diversity? This authoritative volume, written by leading legal experts and biological and social scientists from around the world, addresses this question in all of its complexity. The first part of the book focuses on biodiversity and examines what we are losing, why and what is to be done. The second part addresses biotechnology and looks at whether it is part of the solution or part of the problem, or perhaps both. The third section examines traditional knowledge, explains what it is and how, if at all, it should be protected. The fourth and final part looks at ethnobotany and bioprospecting and offers practical lessons from the vast and diverse experiences of the contributors.

Biological Diversity and International Law

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Author :
Publisher : Springer Nature
ISBN 13 : 3030729613
Total Pages : 224 pages
Book Rating : 4.0/5 (37 download)

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Book Synopsis Biological Diversity and International Law by : Mar Campins Eritja

Download or read book Biological Diversity and International Law written by Mar Campins Eritja and published by Springer Nature. This book was released on 2021-07-16 with total page 224 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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

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Author :
Publisher : Taylor & Francis
ISBN 13 : 1351337084
Total Pages : 348 pages
Book Rating : 4.3/5 (513 download)

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Book Synopsis Biodiversity by : Usha Tandon

Download or read book Biodiversity written by Usha Tandon and published by Taylor & Francis. This book was released on 2017-11-02 with total page 348 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Conservation, Biodiversity and International Law

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Author :
Publisher : Edward Elgar Publishing
ISBN 13 : 085793516X
Total Pages : 625 pages
Book Rating : 4.8/5 (579 download)

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Book Synopsis Conservation, Biodiversity and International Law by : A. Gillespie

Download or read book Conservation, Biodiversity and International Law written by A. Gillespie and published by Edward Elgar Publishing. This book was released on 2013-07-01 with total page 625 pages. Available in PDF, EPUB and Kindle. Book excerpt: 'Humanity has been gambling for generations with the extent to which it can degrade nature and continue to prosper. Now the environmental debt is being called in and the ability of international diplomacy and law, government policy and political will to deal with the issues is being tested. Conservation, Biodiversity and International Law is a must read for any practitioner in the high-stakes business of restoring our ability to live in harmony with the natural world that sustains us.' – Alastair Morrison, Department of Conservation, New Zealand 'Biodiversity is the cornerstone of life – our plants, animals, and ecosystems are essential for livelihoods and have shaped our culture and traditions around the world. However our precious biodiversity is at risk as never before. Global targets to reduce biodiversity loss have not been met and we continue to lose biodiversity at an unprecedented rate. In fact we are currently in the middle of an extinction crisis and scientists have advised that one species from our planet is being lost every 38 minutes! The nature of this crisis and the actions taken to address it are clearly and articulately put forward in this landmark book by Professor Al Gillespie. This book is particularly useful in documenting the many policy and legal actions that have been taken to address these issues, and how the application of these instruments can be improved. Although focused on the law, the book covers a range of disciplines including science, philosophy and policy which lay the foundation for international law. This book makes a major and highly valued contribution to the disciple of environmental law and policy and is an invaluable reference for policy makers, practitioners and academic audiences.' – David Sheppard, CEO of the Secretariat of the Pacific Regional Environment Programme (SPREP) 'This book is written by a prominent and influential scholar who also has the benefit of first hand knowledge of practical working of environmental regimes, having participated in several important negotiations. Gillespie's monograph therefore stands out among other publications on the subject of conservation, combining thoughtful and scholarly approach to issues raised with un-parallel insights into the working of environmental law and the conservation of biodiversity. The book is very original in its presentation of this subject, especially in the selection of topics and the approach which is not only legal but also scientific, philosophical and political. This book is evidence of the great erudition of the author not only in the field of conservation but also in international environmental law and general international law, an example of which can be his analysis of the precautionary principle, trade and a very complex issue of the exception for indigenous peoples and science. Mention also must be made of his detailed approach to various multilateral treaty regimes such as Ramsar Convention and the World Heritage Convention. Gillespie wrote an exceptional book which is a must for international layers, both practitioners and scholars. It is a thought-provoking, very well researched and original monograph, which due to its all- encompassing approach will retain its importance for a very long period of time.' – Malgosia Fitzmaurice, Queen Mary, University of London, UK 'A major work: this book provides a comprehensive picture of the international legal challenges of natural heritage conservation. Truly an indispensable tool for policy-makers, experts and students. The book offers a complete guide to the complex world of treaties that regulate conservation at the global scale.' – Francesco Bandarin, UNESCO Assistant Director-General for Culture This important and timely book provides a rigorous overview of the defining issues presently facing conservation at international level. The author provides detailed coverage of topics ranging from the classification of species right through to access and benefit sharing, drawing on his personal experience at intergovernmental level. Each question is examined through the prism of dozens of treaties and hundreds of decisions and resolutions of the key multilateral regimes, and the law in each area is supplemented by the necessary considerations of science politics and philosophy – providing much-needed context for the reader. Combining expert scholarship and first-hand insight, Conservation, Biodiversity and International Law will be an invaluable resource for researchers and practitioners in international environmental law, as well as providing an accessible guide for students.

Common Pools of Genetic Resources

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Author :
Publisher : Routledge
ISBN 13 : 1135069700
Total Pages : 457 pages
Book Rating : 4.1/5 (35 download)

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Book Synopsis Common Pools of Genetic Resources by : Evanson Chege Kamau

Download or read book Common Pools of Genetic Resources written by Evanson Chege Kamau and published by Routledge. This book was released on 2013-07-18 with total page 457 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Convention on Biological Diversity (CBD) strives for the sustainable and equitable utilization of genetic resources, with the ultimate goal of conserving biodiversity. The CBD and the Nagoya Protocol which has since been elaborated suggest a bilateral model for access to genetic resources and the sharing of benefits from their utilization. There is concern that the bilateral exchange "genetic resource for benefit sharing" could have disappointing results because providers are left out of the process of research and development, benefits are difficult to be traced to sources, and providers owning the same resource may complain of being excluded from benefit sharing. Thus, the CBD objective of full utilization and equitability may become flawed. Common Pools of Genetic Resources: Equity and Innovation in International Biodiversity Law suggests common pools as a complementary approach to bilateralism. This is one of the first books to reply to a number of complex legal questions related to the interpretation and implementation of the Nagoya Protocol. Taking an inductive approach, it describes existing pools and analyzes how they are organized and how they perform in terms of joint R&D and benefit sharing. It presents case studies of the most characteristic types of common pools, provides suggestions for further developing existing pools to cope with the requirements of the CBD and NP and, at the same time uses the clauses these conventions contain to open up for commons approaches. Written by a team of expert academics and practitioners in the field, this innovative book makes a timely and valuable contribution to academic and policy debates in international environmental law, international biodiversity law, intellectual property law, climate law and the law of indigenous populations.

International Law and the Conservation of Biological Diversity

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Author :
Publisher : Kluwer Law International B.V.
ISBN 13 : 9041108637
Total Pages : 350 pages
Book Rating : 4.0/5 (411 download)

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Book Synopsis International Law and the Conservation of Biological Diversity by : Michael Bowman

Download or read book International Law and the Conservation of Biological Diversity written by Michael Bowman and published by Kluwer Law International B.V.. This book was released on 1996-01-10 with total page 350 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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

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Author :
Publisher : Routledge
ISBN 13 : 131553083X
Total Pages : 422 pages
Book Rating : 4.3/5 (155 download)

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Book Synopsis Routledge Handbook of Biodiversity and the Law by : Charles R. McManis

Download or read book Routledge Handbook of Biodiversity and the Law written by Charles R. McManis and published by Routledge. This book was released on 2017-11-27 with total page 422 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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 and the Law

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Author :
Publisher :
ISBN 13 :
Total Pages : 296 pages
Book Rating : 4.3/5 (91 download)

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Book Synopsis Biodiversity and the Law by : William J. Snape

Download or read book Biodiversity and the Law written by William J. Snape and published by . This book was released on 1996 with total page 296 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Global Transformations in the Use of Biodiversity for Research and Development

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Author :
Publisher : Springer Nature
ISBN 13 : 3030887111
Total Pages : 667 pages
Book Rating : 4.0/5 (38 download)

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Book Synopsis Global Transformations in the Use of Biodiversity for Research and Development by : Evanson Chege Kamau

Download or read book Global Transformations in the Use of Biodiversity for Research and Development written by Evanson Chege Kamau and published by Springer Nature. This book was released on 2022-02-15 with total page 667 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Biodiversity and Nature Protection Law

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Author :
Publisher :
ISBN 13 : 9781783474240
Total Pages : 0 pages
Book Rating : 4.4/5 (742 download)

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Book Synopsis Biodiversity and Nature Protection Law by : Elisa Morgera

Download or read book Biodiversity and Nature Protection Law written by Elisa Morgera and published by . This book was released on 2017 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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,

The Law of Biodiversity and Ecosystem Management

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Author :
Publisher : Foundation Press
ISBN 13 : 9780314286611
Total Pages : 1662 pages
Book Rating : 4.2/5 (866 download)

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Book Synopsis The Law of Biodiversity and Ecosystem Management by : John Copeland Nagle

Download or read book The Law of Biodiversity and Ecosystem Management written by John Copeland Nagle and published by Foundation Press. This book was released on 2019 with total page 1662 pages. Available in PDF, EPUB and Kindle. Book excerpt: Description Coming Soon!