Conservation, Biodiversity and International Law
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Conservation, Biodiversity and International Law

9781781001974 Edward Elgar Publishing
Alexander Gillespie, Pro-Vice Chancellor of Research and Professor of Law, University of Waikato, New Zealand
Publication Date: July 2013 ISBN: 978 1 78100 197 4 Extent: 624 pp
This important and timely book provides a rigorous overview of the defining issues presently facing conservation at international level. The author provides detailed coverage of topics ranging from the classification of species right through to access and benefit sharing, drawing on his personal experience at intergovernmental level. Each question is examined through the prism of dozens of treaties and hundreds of decisions and resolutions of the key multilateral regimes, and the law in each area is supplemented by the necessary considerations of science, politics and philosophy – providing much-needed context for the reader.

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This important and timely book provides a rigorous overview of the defining issues presently facing conservation at international level. The author provides detailed coverage of topics ranging from the classification of species right through to access and benefit sharing, drawing on his personal experience at intergovernmental level. Each question is examined through the prism of dozens of treaties and hundreds of decisions and resolutions of the key multilateral regimes, and the law in each area is supplemented by the necessary considerations of science, politics and philosophy – providing much-needed context for the reader.

Combining expert scholarship and first-hand insight, Conservation, Biodiversity and International Law will be an invaluable resource for researchers and practitioners in international environmental law, as well as providing an accessible guide for students.
Critical Acclaim
‘The book is an important contribution to environmental literature and specifically to environmental law internationally. International lawyers, both practitioners and academic lawyers alike – as well as policymakers – will welcome this thorough, scholarly and readable monograph as a must-have addition to their libraries.’
– Phillip Taylor MBE and Elizabeth Taylor, The Barrister Magazine

‘Humanity has been gambling for generations with the extent to which it can degrade nature and continue to prosper. Now the environmental debt is being called in and the ability of international diplomacy and law, government policy and political will to deal with the issues is being tested. Conservation, Biodiversity and International Law is a must read for any practitioner in the high-stakes business of restoring our ability to live in harmony with the natural world that sustains us.’
– Alastair Morrison, Director General, Department of Conservation, New Zealand

‘Biodiversity is the cornerstone of life – our plants, animals, and ecosystems are essential for livelihoods and have shaped our culture and traditions around the world. However, our precious biodiversity is at risk as never before. Global targets to reduce biodiversity loss have not been met and we continue to lose biodiversity at an unprecedented rate. In fact we are currently in the middle of an extinction crisis and scientists have advised that one species from our planet is being lost every 38 minutes! The nature of this crisis and the actions taken to address it are clearly and articulately put forward in this landmark book by Professor Al Gillespie. This book is particularly useful in documenting the many policy and legal actions that have been taken to address these issues, and how the application of these instruments can be improved. Although focused on the law, the book covers a range of disciplines including science, philosophy and policy which lay the foundation for international law. This book makes a major and highly valued contribution to the discipline of environmental law and policy and is an invaluable reference for policy makers, practitioners and academic audiences.’
– David Sheppard, CEO of the Secretariat of the Pacific Regional Environment Programme (SPREP)

‘This book is written by a prominent and influential scholar who also has the benefit of first hand knowledge of practical working of environmental regimes, having participated in several important negotiations. Gillespie’s monograph therefore stands out among other publications on the subject of conservation, combining thoughtful and scholarly approach to issues raised with unparalleled insights into the working of environmental law and the conservation of biodiversity. The book is very original in its presentation of this subject, especially in the selection of topics and the approach which is not only legal but also scientific, philosophical and political. This book is evidence of the great erudition of the author not only in the field of conservation but also in international environmental law and general international law, an example of which can be his analysis of the precautionary principle, trade and a very complex issue of the exception for indigenous peoples and science. Mention also must be made of his detailed approach to various multilateral treaty regimes such as Ramsar Convention and the World Heritage Convention. Gillespie wrote an exceptional book which is a must for international lawyers, both practitioners and scholars. It is a thought-provoking, very well researched and original monograph, which due to its all- encompassing approach will retain its importance for a very long period of time.’
– Malgosia Fitzmaurice, Queen Mary, University of London, UK

‘A major work: this book provides a comprehensive picture of the international legal challenges of natural heritage conservation. Truly an indispensable tool for policy-makers, experts and students. The book offers a complete guide to the complex world of treaties that regulate conservation at the global scale.’
– Francesco Bandarin, UNESCO Assistant Director-General for Culture
Contents
Contents: 1. Introduction 2. Species and Areas 3. Extinct and Endangered 4. Classifications 5. Tangible Benefits 6. Intangible Considerations 7. Habitat 8. Trade 9. Exceptions for Indigenous Peoples, Science and the Military 10. Aliens, Disease, Pests, and Genetically Modified Species 11. Incidental Capture 12. Development 13. Overlaps and Gaps 14. Compliance 15. Compliance on the High Seas 16. Management 17. Access and Benefit Sharing 18. Local Peoples, Education and Finance 19. Conclusion Index
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