Protecting Forest and Marine Biodiversity
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Protecting Forest and Marine Biodiversity

The Role of Law

9781786439482 Edward Elgar Publishing
Edited by Ed Couzens, Associate Professor, The University of Sydney Law School, Australia, Alexander Paterson, Professor, Institute of Marine and Environmental Law, Faculty of Law, University of Cape Town, South Africa, Sophie Riley, Senior lecturer, University of Technology Sydney, Australia and Yanti Fristikawati, Dean and Lecturer in the Faculty of Law, Atma Jaya Catholic University of Indonesia, Indonesia
Publication Date: 2017 ISBN: 978 1 78643 948 2 Extent: 352 pp
This timely book contributes to discussions on the best legal practices to use to promote conservation, protection and sustainable use of biological diversity in forest and marine areas. The breadth of issues explored across these two themes is immense, and the book identifies both key differences, and striking commonalities between them.

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This timely book considers appropriate legal practices to use to promote conservation, protection and sustainable use of biological diversity in forest and marine areas. The breadth of issues explored across these two themes is immense, and the book identifies both key differences, and striking commonalities between them.

Law-makers, managers and users often have little understanding of either the complexity or the true value of biological diversity and of what is needed to preserve forest and marine ecosystems, and to keep inter-relationships between species within them healthy. Regulators face significant and practical challenges, requiring the adoption of legal frameworks in the context of scientific uncertainty. This book provides critical and comparative reflections on the role of law in both of these biodiversity contexts. Key issues not previously addressed through the law are considered – for example, the lack of international governance of peat; and the moral problem of labelling certain species as ‘alien’ or ‘invasive’. Learned contributors draw valuable lessons for those seeking to protect biodiversity and understand its governance, from analysis of experiences gained forging international and national legal frameworks.

With a blend of local and global perspectives, across a wide range of countries and policies, the book will appeal to academics and students in law, international, regional and domestic policymakers, lawmakers, NGOs and conservation agencies.
Critical Acclaim
‘The book is recommended for all libraries that deal with wildlife law and is complemented with a comprehensive index.’
– UKELA
Contributors
Contributors: C. Costa de Oliveira, E. Couzens, T. Daya-Winterbottom, M. Fajardo Cavalcanti de Albuquerque, Y. Fristikawati, L. Heng Lye, B. Liu, S. Maljean-Dubois, G. Morgan, A. Paterson, A. Prasad Pant, Y. Pei, V.S. Radovich, S. Riley, N.A. Robinson, A. Telesetsky, S.C.-W. Yang








Contents
Contents:

Part I An Introduction to Legal Aspects of Protecting Forest and Marine Biodiversity
1. Legal Aspects of the Protection of Forest and Marine Biodiversity: Understanding the Context
Ed Couzens, Alexander Paterson and Sophie Riley

Part II Global issues of protection of biological diversity
2. Moral Boundaries, Anthropocentrism and Biodiversity: Possums in New Zealand as an Example
Gay Morgan

3. For Peat’s Sake: Environmental Law Amidst the Bogs
Nicholas A. Robinson

4. Illegal Trade in Endangered Forest and Marine Species - Enhancing Laws and Enforcement: a South-East Asian Perspective
Lin Heng Lye and Sallie Chia-Wei Yang

Part III The protection of biological diversity in the forest environment
5. Biodiversity and Agriculture – Friends or Foes? The Legal Implementation of Agroforestry Practices in Brazil
Marcia Fajardo Cavalcanti de Albuquerque

6. Forest Biodiversity Conservation: Strengthening the Regulation and Management of Chinese Enterprises during Foreign Investment
Bingyu Liu

7. Addressing Human and Wildlife Conflict in Forest Protected Areas: A Critical Analysis of China’s Nature Reserve Management Experience
Yilin Pei

8. Climate Change and Forest Management in Nepal
Amber Prasad Pant

Part IV The protection of biological diversity in the marine environment
9. Governance of Oil and Gas Exploration and Exploitation at Sea: Towards Coastal Marine Biodiversity Preservation
Violeta S. Radovich

10. The Valuable Role that Private Environmental Governance might play in Managing Global Fisheries Resources
Anastasia Telesetsky

11. Black Coral Forests and Marine Biodiversity in New Zealand
Trevor Daya-Winterbottom

12. The Contribution that the Concept of Global Public Goods can make to the Conservation of Marine Resources
Carina Costa de Oliveira and Sandrine Maljean-Dubois

Index
C. Costa de Oliveira,
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