Category Archives: Conservation

Constitutional Codification of an Environmental Ethic (J. C. Tucker)

Author

John C. Tucker

Keywords

constitutional provisions, environmental ethics, Florida, environmental rights, environmental protection, conservation

Abstract

This Article examines the legal, political, and societal significance of environmental constitutional provisions. Part II of this Article briefly traces the evolution of a societal environmental ethic. Part IIl examines environmental provisions in state and national constitutions, and draws comparisons to Florida’s constitution. Part IV evaluates the significance of environmental provisions in constitutions. Part V explores future trends. The Article concludes that while in many instances constitutional authority is not legally necessary, it is important because it reflects societal
recognition of the importance of the environment. Further, it may be necessary to force political action in certain intractable situations.

Citation

(2000) 52 Florida Law Review 299

Paper

Constitutional Codification of an Environmental Ethic

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The Need for an Interdisciplinary Approach to Norm Diffusion: The Case of Fair and Equitable Benefit-sharing (L. Parks and E. Morgera)

Authors

Louisa Parks and Elisa Morgera

Keywords

benefit-sharing, international law, environmental law, human rights law, human rights, oceans law, regulation, national law, regional law, indigenous peoples, local communities, norm diffusion, scholarship, conservation, sustainability, natural resources, power asymmetry

Abstract

No systematic study discusses the evolution of fair and equitable benefit-sharing across various areas of international law (environment, human rights, oceans), as well as at different levels of regulation (regional and national laws and guidelines, private law contracts, transboundary codes of conduct, customary laws of indigenous peoples and local communities). This article explores the usefulness of an interdisciplinary approach to the study of norm diffusion for understanding how and why fair and equitable benefit-sharing is articulated in different sites. The article discusses mechanisms, actors and frames in norm diffusion, drawing on literature from sociology, international relations and law. The article uncovers underlying similarities in scholarship on norm diffusion across the disciplines considered. It also reflects on the value of an interdisciplinary approach that encourages legal scholars to consider the implications of power structures in the diffusion of law, while the nuances of legal knowledge may lead other social scientists to revisit accepted findings on norm diffusion. These findings appear particularly useful for informing an assessment of the potential of fair and equitable benefit-sharing to promote the conservation and sustainable use of natural resources in a fair and equitable manner in the face of power asymmetries.

Citation

(2015) 24:3 Review of European, Comparative and International Environmental Law 353-367

Paper

The Need for an Interdisciplinary Approach to Norm Diffusion: The Case of Fair and Equitable Benefit-sharing

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Indigenous Rights Entwined with Nature Conservation (E. Desmet)

Author(s)

Ellen Desmet

Keywords

indigenous rights, conservation, biodiversity

Abstract

Heightened public awareness of the ever increasing loss of biodiversity has led to louder calls for effective nature conservation efforts. Most remaining biodiversity-rich areas are inhabited or used by indigenous peoples and local communities. In recent years a new ‘paradigm’ of ‘nature conservation with respect for the rights of indigenous peoples and local communities’ has emerged. Two questions arise: What exactly does this policy shift mean in terms of international human rights law? And how has this new paradigm been translated and applied at the national and local level?

This study investigates how nature conservation initiatives interact with the rights of indigenous peoples and local communities from a human rights and legal anthropological perspective. The book is distinctive in that it provides a comprehensive review of international human rights law in the context of nature conservation; a critical appraisal of Peruvian nature conservation legislation in relation to the rights of indigenous peoples and local communities; and a thorough analysis of the interaction between three levels of regulation: the international level of human rights, the national level of Peru, and the local level of a specific protected area (the Güeppí Reserved Zone). It is based on extensive field work.

Citation

(2011) Intersentia

Paper

Indigenous Rights Entwined with Nature Conservation 

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Whose ecosystem is it anyway? Private and public rights under new approaches to biodiversity conservation (C.T.Reid, W.Nsoh)

Authors

Colin T. Reid and Walters Nsoh

Keywords

biodiversity, human rights, property rights, nature conservation, biodiversity offsetting, ecosystem services

Abstract

A range of legal tools is increasingly being used for the conservation of biodiversity. These tools include conservation covenants, biodiversity offsets and payment for ecosystem services. There are benefits to these approaches, but also challenges to be met if these mechanisms are to be applied successfully.

Among the challenges is the fact that these schemes generate new relationships between land, people and the environment, especially wildlife. This requires consideration of the basic position of ownership of wild flora and fauna, the extent of the property rights of landowners and others with interests in the land, and of how far the state is justified in restricting, and even taking over, these rights for conservation purposes. The restriction of property rights for environmental purposes has already given rise to litigation under the European Convention on Human Rights, and as ideas of long-term stewardship in land or new rights in relation to ecosystem services develop, there are questions over the nature and extent of the rights being recognized. Moreover, there are concerns over the acceptability of an approach that converts nature from a ‘common heritage’ to a bundle of property rights. Mechanisms that confer rights on nature add a further dimension to the discussion. Using examples from the United Kingdom and other jurisdictions, this article attempts to highlight the different ways in which rights can be viewed in the context of developments in conservation law and the need to appreciate the consequences from different perspectives.

Citation

(2014) 5/2 Journal of Human Rights and the Environment 112–135

Paper

Whose ecosystem is it anyway? Private and public rights under new approaches to biodiversity conservation

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Human Rights, Environment and Development: With Special Emphasis on Corporate Accountability (A. Dias)

Author(s)

Ayesha Dias

Keywords

human rights, environment, development, corporate accountability, policy, praxis, poverty, environmental protection, conservation, sustainable human development

Abstract

This paper is in two parts addressing interrelated topics which merit separate scrutiny as well. Part I focuses on the interrelationships between human rights, environment and development. In doing so, the paper is less motivated by philosophical and academic concerns. Rather, it is motivated by concerns of policy and praxis. Environmental degradation is all too often resulting in serious human rights violations. Poverty and failure to realize basic human rights are placing the environment under severe stress. Development can serve as a key vehicle for promoting realization of human rights and protecting the environment. However, all too often, unsustainable development practices are themselves proving to be a main source of human rights violations and environmental degradation. Hence the paper strives to enhance the complementary relationship between promoting and protecting human rights; conserving, protecting and rehabilitating the environment; and achieving sustainable human development.

Citation

Ayesha Dias, Human Rights, Environment and Development: With Special Emphasis on Corporate Accountability (UNDP, 2000)

Paper

Human Rights, Environment and Development: With Special Emphasis on Corporate Accountability

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