Biodiversity Conservation, Law and Livelihoods: Bridging the by Michael I. Jeffery, Jeremy Firestone, Karen Bubna-Litic

By Michael I. Jeffery, Jeremy Firestone, Karen Bubna-Litic

This e-book provides an international point of view on biodiversity conservation and the upkeep of sustainable cultures. Contributions were accrued from students in each sector of the realm, and addresses matters from the foreign, neighborhood, country-specific views. topics lined comprise the background and significant executive buildings during this zone; necessities to biodiversity conservation; biosecurity; and entry to and sharing of advantages from elements of biodiversity and their monetary worth.

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

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Hawaii Constitution, Art. XI, Sec. 1, ¶2; see also Art. XI, sec. 7 (“The State has an obligation to protect, control and regulate the use of Hawaii’s water resources for the benefit of its people”). ”52 Hawaii also has incorporated traditional values into its modern law, holding that its former sovereign had reserved to the people “prerogatives respecting water [which] constituted much more than a restatement of police powers, rather . . ”55 Both as part of the American legal tradition, and in response to its own unique history, the Hawaii Court concluded its opinion by quoting the language of the California Supreme Court in the Mono Lake case: “Thus, the public trust is more than an affirmation of state power to use public property for public purposes.

That is, however, what they accomplished. Although the Just case stands apart from the dominant judicial view today, it is in tune with a more environmentally sympathetic view that can be found in cases from an earlier era, at least as applied to wildlife. In 1900, in response to the virtual extermination of its beaver population, the State of New York enacted a law prohibiting the hunting, molestation, or disturbance of beavers, which it had restocked in a number of streams in the Adirondack Mountains.

Their] preservation does not unduly oppress individuals. . [It] is no different . . from that . . ”23 I have so far noted some important tasks that still lie before us in developing an adequate body of environmental law. First among them is to reconsider our general legal principles (in particular, the law of private property) to reflect the values of what I have called the economy of nature, so that they encourage resource uses consistent with protecting and restoring the natural services of land and water, rather than giving incentives to disturb and destroy those services.

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