The Privatisation of Biodiversity?


The Privatisation of Biodiversity?

New Approaches to Conservation Law

9781783474431 Edward Elgar Publishing
Colin T. Reid, Dundee Law School, University of Dundee and Walters Nsoh, Birmingham Law School, University of Birmingham, UK
Publication Date: 2016 ISBN: 978 1 78347 443 1 Extent: 288 pp
Current regulatory approaches have not prevented the loss of biodiversity across the world. This book explores the scope to strengthen conservation by using different legal mechanisms such as biodiversity offsetting, payment for ecosystem services and conservation covenants, as well as tradable development rights and taxation. The authors discuss how such mechanisms introduce elements of a market approach as well as private sector initiative and resources. They show how examples already in operation serve to highlight the design challenges, legal, technical and ethical, that must be overcome if these mechanisms are to be effective and widely accepted.

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In the face of the failure of the traditional ‘command and control’ model of environmental regulation to curb the devastating losses of biodiversity around the world, policymakers are increasingly seeking new approaches to deal with this complex interdisciplinary issue. The Privatisation of Biodiversity? provides a timely contribution to this debate by exploring the legal aspects and the scope to strengthen conservation through these reforms.

Colin Reid and Walters Nsoh draw on literature well beyond legal sources, particularly from ecology, environmental economics and philosophy to reach a number of pragmatic conclusions on the issues discussed. The new approaches explored include payment for ecosystem services, biodiversity offsetting and conservation covenants, as well as taxation and impact fees. Such mechanisms introduce elements of a market approach as well as private sector initiative and resources. This book considers both the practical and ethical aspects of the regulatory choices available to identify the potential and limitations of an increasingly market-based regime.

Bringing clarity and coherence to a complex issue, this book will act as a useful tool for environmental and public law scholars as well as other academics in a range of fields interested in biodiversity conservation. It will also provide valuable insight for policymakers, legal practitioners involved in planning, environmental and agricultural matters, public bodies with responsibility for conservation, landowners, managers and developers, individuals and NGOs dedicated to biodiversity, and students of nature conservation interested in exploring new mechanisms for achieving their objectives.

Critical Acclaim
‘This excellent book addresses a key policy agenda for the future of nature conservation and the promotion of biodiversity – the need to involve private actors more centrally in the planning, management and execution of nature conservation policy. This is a central objective of current policy, both in the UK and internationally, but raises difficult questions for the role of the law in the future management of biodiversity. This thorough, thought-provoking and timely text breaks new ground in addressing key problems raised by modern environmental policy, and exploring solutions.’
– Chris Rodgers, Newcastle University, UK

‘This book is a useful resource to guide the strategic application and design of market-based biodiversity conservation measures to minimise risks and maximize outcomes as far as possible.’
– Environmental Law and Management
Contents: 1. Introduction 2. Pervasive Issues 3. Payment for Ecosystem Services 4. Biodiversity Offsetting 5. Conservation Covenants 6. Taxation 7. Transferable Development Permits, Quotas and Impact Fees 8. Ethical Issues 9. Reflections Index
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