Biological Diversity Conservation and the Law: Legal Mechanisms for Conserving Species and Ecosystems

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IUCN, Jan 1, 1993 - Law - 292 pages
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Covers the full spectrum of legal mechanisms available for conserving biodiversity. Part 1 discusses the scope of state powers to conserve wild species and habitats, legal mechanisms for controlling taking, procedures for listing species in need of conservation measures, mechanisms for controlling trade and the challenges of enforcement. Part 2 covers area-based conservation at local and national level, as well as in transfrontier protected areas and areas beyond national jurisdiction. It discusses public ownership, voluntary agreements, and regulatory measures and looks at a number of innovative instruments, planning controls, incentives and disincentives.

 

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Contents

CONSERVATION LAW
1
THE INTERNATIONAL LAW OF SPECIES
29
B The Mechanisms of Species Conservation Treaties
44
E Rights and Responsibilities of States for the Conservation of Species
51
THE SCOPE OF STATE POWERS TO CONSERVE WILD SPECIES
59
THE LISTING PROCESS
75
B Listing Procedures
81
B Taking Restrictions or Partial Protection
93
Regulatory Measures
173
in CONVENTIONAL TYPES OF PROTECTED AREAS
177
The Management of Protected Areas
191
E Conclusion
197
The Granting of a Special Legal Status to all Areas of Conservation
204
NONSITESPECIFIC REGULATORY INSTRUMENTS
207
B Discussion of the Permit System as applied to Habitat Types
214
B Nature Park Legislation
220

TRADE
111
B International Trade
116
B Penalties for Offences under Conservation Legislation
122
B Positive Measures for the Protection of Species
131
THE INTERNATIONAL LAW OF PROTECTED AREAS
141
B International Networks of Protected Areas
148
Transfrontier Protected Areas
155
E The Convention on Biological Diversity
162
B Public Ownership
167
Conclusion
228
The Role of Environmental Impact
234
B Assistance to Conservation NGOs for the Acquisition Preservation
251
THE CONSERVATION OF MARINE AND COASTAL AREAS
257
The Shore
263
CONCLUSION
269
B The Precautionary Principle
276
BIBLIOGRAPHY
283
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