By Michael I. Jeffery, Jeremy Firestone, Karen Bubna-Litic
This booklet provides an international standpoint on biodiversity conservation and the upkeep of sustainable cultures. Contributions were gathered from students in each area of the realm, and addresses matters from the foreign, neighborhood, country-specific views. subject matters lined contain the historical past and significant executive constructions during this quarter; necessities to biodiversity conservation; biosecurity; and entry to and sharing of advantages from elements of biodiversity and their fiscal worth.
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Extra info for Biodiversity Conservation, Law and Livelihoods: Bridging the North-South Divide: IUCN Academy of Environmental Law Research Studies
I am not suggesting that we lack any significant means of environmental law enforcement. 35 I also appreciate that under the oddity of the Mineral King approach to standing, it may be possible to address species degradation, or the ravaging of an ancient forest at the behest of an individual who can qualify as a current tourist or recreationist. So, too, I understand that government can – and sometimes does – act to deal with fundamental issues such as loss of biodiversity, and empower public officials to protect against such loss.
41 This is the law throughout the arid regions of the United States. 44 These are not merely public interests that government may protect under its regulatory police power; they are entitlements held by each of us as members of the public, and they not only limit the nature of one’s private property interest but also impose mandatory duties on the State. An interesting example arose in the 1920s when oil drilling was first proposed off the coast of California. The question arose whether such activity had to be prevented altogether because of the risk oil rigs in the ocean might present to public navigation and to contamination of coastal areas.
And I understand that some governments sometimes act effectively to address issues of the greatest environmental importance, such as global warming, epidemic disease, and burgeoning population growth. But there is a very significant difference between receiving the benefit of legal support as a matter of contemporary policy or politics, and having a right recognized as one of the fundamental pillars of the legal system. Although we may talk about fundamental rights to environmental quality, and even embody those precepts in major declarations or constitutions, we need to understand at the same time how far we are from embracing any real conception of public rights as legal entitlements in matters like biodiversity protection.
Biodiversity Conservation, Law and Livelihoods: Bridging the North-South Divide: IUCN Academy of Environmental Law Research Studies by Michael I. Jeffery, Jeremy Firestone, Karen Bubna-Litic