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Natural Capital, Agriculture and the Law

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Natural Capital, Agriculture and the Law

9781839104152 Edward Elgar Publishing
Felicity Deane, Associate Professor, Evan Hamman, Adjunct Senior Lecturer and Anna Huggins, Associate Professor, Queensland University of Technology Law School, Australia
Publication Date: 2022 ISBN: 978 1 83910 415 2 Extent: 256 pp
Through an extended study of agricultural land use and policy, Natural Capital, Agriculture and the Law presents a comprehensive legal analysis of proposals for protecting natural capital stocks and the sustainable use of ecosystem services, critiquing the legal challenges in designing and operationalising a workable natural capital approach.

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Through an extended study of agricultural land use and policy, Natural Capital, Agriculture and the Law presents a comprehensive legal analysis of proposals for protecting natural capital stocks and the sustainable use of ecosystem services, critiquing the legal challenges in designing and operationalising a workable natural capital approach.

Evaluating legal considerations at international, national and local levels, chapters canvas the challenges behind creating an optimal policy mix when shifting towards a natural capital approach, including entrenched private property rights and privacy and intellectual property concerns. Exploring the instruments necessary to support improved valuation and accounting for nature in the development of a natural capital framework, including digital technologies, regulation and market-based instruments, the book then considers the legal, technical and social barriers that impede their use. With an international outlook on environmental laws, trade rules and values, it concludes by arguing that operationalising natural capital governance requires designing and implementing legal and regulatory frameworks to support the identification, valuation, protection and restoration of natural capital.

Global in scope, the book will prove invaluable for scholars of environmental and agricultural law, environmental economics and policy design. Identifying practical options for legal, regulatory and governance design, it will also be useful for governmental policymakers and environmental consultants.
Critical Acclaim
‘Using Australia as the primary case study, Natural Capital, Agriculture and the Law provides what is unquestionably the most complete and up-to-date assessment of the role law can play to advance the use of natural capital and ecosystem services economics and ecology in a wide array of policy domains, from market-based instruments to regulation to international trade and environmental law. It is indispensable reading not only for those new to the concepts of natural capital and ecosystem services, but also to those who have followed these themes closely since their appearance on the environmental policy stage 25 years ago.’
– J.B. Ruhl, Vanderbilt University Law School, US

‘This book is essential reading for developing effective and feasible approaches to natural capital governance. Property rights regimes and legal frameworks need to co-evolve to better support participatory valuation and conservation of natural capital stocks as common assets. The sustainable well-being of humanity and the rest of nature depends on it.’
– Robert Costanza, University College London, UK

Contents
Contents: PART I EXISTING CHALLENGES 1. Introduction: natural capital and the role of law 2. Negotiating existing property rights regimes 3. Digital technologies, decision-making and data governance PART II REGULATORY INSTRUMENTS 4. Market-based instruments, ecosystem services and natural capital 5. Natural capital governance through regulation PART III THE GLOBAL CONTEXT 6. International trade rules and values to support natural capital 7. Recognising natural capital through international environmental law 8. The law and future pathways for natural capital Index
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