Relevant bibliographies by topics / Aquatic biological diversity conservation – Law and legislation

Academic literature on the topic 'Aquatic biological diversity conservation – Law and legislation'

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Published: 10 December 2022
Last updated: 29 January 2023

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Journal articles on the topic "Aquatic biological diversity conservation – Law and legislation"

1

Elder, P. S. "Biological Diversity and Alberta Law." Alberta Law Review 34, no. 2 (February 1, 1996): 293. http://dx.doi.org/10.29173/alr1084.

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Biological diversity refers to the rich variety of all life forms presently on Earth. It is important to preserve and maximize biological diversity, because of its intrinsic value and its value to human survival and wellbeing. In order to do so, the author argues, a broad ecosystem management approach to species conservation is necessary. Numerous Alberta statutes are examined comprehensively to determine their effects and potential effects on biological diversity. The ecosystem management approach to species conservation is not prominent in Alberta law. Outside of National Park land, very little of Alberta's area offers protection for biological diversity. While the administration of some Acts (such as the EPEA and the Natural Resources Conservation Act) shows promise, a lack of specific duties permits decisions adverse to biological diversity. Changes to Alberta's planning legislation may be beneficial, through the regulation of development on private land. Because of the prime importance given to economic development in various Alberta statutes, the possibility exists for significant adverse impacts to biological diversity. The author recommends a number of legal reforms. These include the addition of explicit purpose sections in relevant legislation, the imposition of a positive duty on decision-makers to consider sustainability and biological diversity, and the creation of incentive programs to encourage private property owners to set aside habitat areas.
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Kuljanishvili, Tatia, Levan Mumladze, Bella Japoshvili, Namig Mustafayev, Shaig Ibrahimov, Jiří Patoka, Samvel Pipoyan, and Lukáš Kalous. "The first unified inventory of non-native fishes of the South Caucasian countries, Armenia, Azerbaijan, and Georgia." Knowledge & Management of Aquatic Ecosystems, no. 422 (2021): 32. http://dx.doi.org/10.1051/kmae/2021028.

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The South Caucasus (SC) region is recognized for its high biological diversity and various endemic animal taxa. The area has experienced many fish introductions over the years, but the overall information about non-native fishes in the three SC countries, Armenia, Azerbaijan, and Georgia did not exist. Although these three countries belong to the Kura River drainage, Caspian Sea basin (only the western half of Georgia drains into the Black Sea), the legislative framework for each country regarding introduction of non-native fish species and their treatment is different and poorly developed. The goal of the present study was to make an initial inventory of non-native fish species in the three SC countries, and summarize the existing knowledge as a basis for future risk assessment models and formulation of regional management policies. Here, we present a unified list of 27 non-native species recorded in the wild in Armenia, Azerbaijan, and Georgia. Among these 27 species, eight were translocated from the Black Sea basin to the Caspian Sea basin. Out of these 27 non-native fishes, 15 species have become established (three of them being considered invasive) and six fish species could not survive in the wild.
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Bosselmann, Klaus, and Prue Taylor. "The New Zealand law and conservation." Pacific Conservation Biology 2, no. 1 (1995): 113. http://dx.doi.org/10.1071/pc950113.

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New Zealand, like many countries concerned with conservation issues, is reforming its legislation to provide more comprehensive protection of biological diversity and individual species. The basic aim is simple: if you want to protect animals and plants you have to protect their habitat. The problem is, of course, that humans share the very same habitat. How then can the right balance between use and protection be found? Of the principal Acts guiding the protection and preservation of land, animals and plants (such as the 1953 Wildlife Act or the 1987 Conservation Act) the 1991 Resource Management Act (RMA) marks an important turning-point. It aims to integrate development and conservation. The RMA promotes sustainable management of natural and physical resources. Any destruction of, damage to, or disturbance of, the habitats of plants and animals on land, in coastal marine areas and in lakes and rivers is seen as unsustainable, thus to be avoided.The use of the concept of sustainability is a first in national legislation and makes the RMA a leader around the world. However, its successful enforcement is ultimately a matter of changed attitudes. Here the law can only give some guidance.
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LEE, SANG DON. "STRATEGIC ENVIRONMENT ASSESSMENT AND BIOLOGICAL DIVERSITY CONSERVATION IN THE KOREAN HIGH-SPEED RAILWAY PROJECT." Journal of Environmental Assessment Policy and Management 07, no. 02 (June 2005): 287–98. http://dx.doi.org/10.1142/s1464333205002018.

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Biological diversity (biodiversity) is an essential issue in conservation and environmental impact assessment (EIA). Though Korea is relatively small, the country harbours over 29,800 species, making biodiversity and ecosystem conservation a central issue when an EIA is undertaken during development site selection. Indeed, an unfavourable biodiversity evaluation can halt a proposed or in-progress development, creating a societal conflict between conservationists and developers. To solve this, the Strategic Environment Assessment (SEA) legislation was created in Korea to provide a systematic instrument for improving decision-making through early-stage environmental assessment. The SEA legislation was recently passed by the President's cabinet and is poised for implementation during 2005. Adoption of the SEA will facilitate better assessments of biodiversity during the early stages of the developmental process, preventing late-stage interruptions such as those seen in the Korean High-speed Railway Project (KHRP), which was recently halted due to poor biodiversity conservation around the development site. The original EIA of the KHRP did not appropriately address the biodiversity issues because most of the developmental plan had been set in place prior to evaluation of biodiversity in the affected areas. The KHRP caused leakage of mountain groundwater such that high elevation wetlands marked as ecosystem conservation areas by the Ministry of Environment became dry and lost their endemic amphibian species. Upon learning this, several national NGOs filed court cases on behalf of the Korean clawed salamander (Onachodaytylus fisheri), halting the project for some time. Thus, the lack of biodiversity consideration at the earliest stages of the KHRP created a social conflict. This paper examines how the implementation of an SEA during the KHRP would have minimised the social conflicts between biodiversity conservation and developmental processes.
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Malysheva, Nataliia, and Olena Kovtun. "Nature protection law of Ukraine in the context of globalization challenges." Law Review of Kyiv University of Law, no. 1 (May 5, 2021): 234–39. http://dx.doi.org/10.36695/2219-5521.1.2021.45.

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law of Ukraine in the context of globalization challenges. Attention is focused on both the opportunities and the constraints associatedwith globalization, in its impact on the development trends of nature protection law in Ukraine. This branch of Ukrainian law asa whole is formed, both in the general norms of ecological law, as well as in the land, water, subsoil, forest, floristic legislation, andalso in the territorial planning legislation. At the same time, new globalization challenges related to the need to address nature conservationand biodiversity protection are prompting an increasingly active shift in the legal regulation of relevant relations from the localand national to the international level. And nature protection legislation in its development must take into account appropriate approa -ches. The general structural and systemic factors of the Ukrainian national legislation cannot be neglected. The article analyzes Ukraine's participation in international cooperation in the field of nature protection and biodiversity conservation. Important factors that motivateUkraine’s environmental law to further development are related to Ukraine’s European integration. One of the main aspects ofUkraine's implementation of the Association Agreement is the approximation of Ukrainian legislation to EU law. Moreover, "natureprotection, in particular biological and landscape diversity (eco-networks) conservation and protection" stands out among the principalareas of environmental cooperation between Ukraine and the EU. International and European environmental requirements cannot beimplemented mechanically, but thoughtfully, comprehensively analyzing the possible consequences for the law-making and lawenforcementsphere of Ukraine. It is from such positions that the article critically evaluates the Draft Law of Ukraine "On the Territoriesof the Emerald Network" in order to fulfill the Ukrainian obligations under the Association Agreement.
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Schroeder, Doris, and Thomas Pogge. "Justice and the Convention on Biological Diversity." Ethics & International Affairs 23, no. 3 (2009): 267–80. http://dx.doi.org/10.1111/j.1747-7093.2009.00217.x.

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Justice and the Convention on Biological DiversityDoris Schroeder and Thomas PoggeBenefit sharing as envisaged by the 1992 Convention on Biological Diversity (CBD) is a relatively new idea in international law. Within the context of non-human biological resources, it aims to guarantee the conservation of biodiversity and its sustainable use by ensuring that its custodians are adequately rewarded for its preservation.Prior to the adoption of the CBD, access to biological resources was frequently regarded as a free-for-all. Bioprospectors were able to take resources out of their natural habitat and develop commercial products without sharing benefits with states or local communities. This paper asks how CBD-style benefit-sharing fits into debates of justice. It is argued that the CBD is an example of a set of social rules designed to increase social utility. It is also argued that a common heritage of humankind principle with inbuilt benefit-sharing mechanisms would be preferable to assigning bureaucratic property rights to non-human biological resources. However, as long as the international economic order is characterized by serious distributive injustices, as reflected in the enormous poverty-related death toll in developing countries, any morally acceptable means toward redressing the balance in favor of the disadvantaged has to be welcomed. By legislating for a system of justice-in-exchange covering nonhuman biological resources in preference to a free-for-all situation, the CBD provides a small step forward in redressing the distributive justice balance. It therefore presents just legislation sensitive to the international relations context in the 21st century.
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Elias-Roberts, Alicia. "Balancing Environmental Protection and Offshore Petroleum Developments in Guyana." Global Energy Law and Sustainability 1, no. 1 (February 2020): 1–27. http://dx.doi.org/10.3366/gels.2020.0004.

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This paper reviews Guyana's challenge to regulate the new petroleum sector. The need to amend several pieces of legislation to be aligned with the Aichi targets for 2020 under the Convention on Biological Diversity are examined. Aichi Target 11 provides that ‘by 2020, at least 17 per cent of terrestrial and inland water areas and 10 per cent of coastal and marine areas, especially areas of particular importance for biodiversity and ecosystem services, are conserved through effectively and equitably managed, ecologically representative and well-connected systems of protected areas and other effective area-based conservation measures, and integrated into the wider landscape and seascape.’ The Government of Guyana's Green State Development Strategy which has sustainable development at its core is also examined along with several environmental law principles. The Green State Development Strategy and several environmental law principles are discussed to highlight their relevance to the protection of the marine environment and biodiversity conservation. Several recommendations are made to highlight relevant laws which should be updated for the State to achieve the right balance regarding protection of the environment and sustainable management of offshore petroleum projects in line with the obligations under the Convention on Biological Diversity.
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Kopytsia, Yevheniia Mykolaivna, and Ельбіс Євгенівна Туліна. "Legal Regulation of Invasive Alien Species with Regards to Climate Change in Ukraine." Problems of Legality, no. 155 (December 20, 2021): 110–23. http://dx.doi.org/10.21564/2414-990x.155.243496.

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The present paper is devoted to the problems of legal regulation of protecting biological diversity from the harmful effects of invasive alien species (hereinafter, IAS) with regards to climate change. Taking into consideration the fact that one of the main principles of environmental protection is the preservation of spatial and species diversity, legal understanding of the interconnectedness between climate change and harmful biological influences, is of great scientific and practical significance. Notably, the protection of the environment from the adverse effects of IAS and climate change is interconnected with the conservation and sustainable use of biological resources, as stated by the provisions of the Convention on Biological Diversity (Rio de Janeiro, 1992) and its protocols and decisions. Thus, one should acknowledge that climate change and invasive alien species are not only two of the key threats to biodiversity, but are directly interrelated and can act synergistically, presenting additional pressure for conservation and sustainability. Meanwhile, current legal regulation of both, climate change and IAS is relatively new to Ukrainian legislation, mostly done by means of international legal instruments. The existing national legal acts are generally of a strategic nature and address these issues separately with few legal provisions mentioning their interconnection. The paper substantiates the need to acknowledge and legally define the interrelation between climate change and invasive alien species. Thus, the development of appropriate regulatory framework for prevention and control of IAS should be carried out with consideration of climate change issues. In turn, national environmental legislation, in particular national framework law ‘On Environmental Protection’ as well climate change policy and laws should be complemented by provisions incorporating IAS management as a tool for reducing pressure on ecological services and enhancing ecosystem resilience.
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EVANS, DOUGLAS, ANDRÁS DEMETER, PETER GAJDOŠ, and ĽUBOŠ HALADA. "Adapting environmental conservation legislation for an enlarged European Union: experience from the Habitats Directive." Environmental Conservation 40, no. 2 (March 1, 2013): 97–107. http://dx.doi.org/10.1017/s0376892912000422.

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SUMMARYThe European Union's (EU's) Habitats Directive includes annexes listing the habitats and species requiring protection. As new countries join the EU these lists need to be amended to remain pertinent. In 2004 and 2007, 12 countries, mostly in central Europe, joined the EU and were asked to propose native species or habitats that required protection; this formed an initial base for negotiations with the European Commission in consultation with the existing member states and with scientific support from the European Topic Centre on Biological Diversity. The 12 countries made 831 proposals, resulting in the addition of 191 species and 33 habitats, and geographical exemptions for eight species. Although the Directive provided definitions, these needed to be supplemented with additional criteria to permit assessments of the proposals. The process involved many actors at both European and national level. This illustrates the development of biodiversity governance and provides potential lessons for future activities, including the need for scientific guidance and the importance of involving all relevant actors.
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10

TREWEEK, JO, RIKI THERIVEL, STEWART THOMPSON, and MARTIN SLATER. "PRINCIPLES FOR THE USE OF STRATEGIC ENVIRONMENTAL ASSESSMENT AS A TOOL FOR PROMOTING THE CONSERVATION AND SUSTAINABLE USE OF BIODIVERSITY." Journal of Environmental Assessment Policy and Management 07, no. 02 (June 2005): 173–99. http://dx.doi.org/10.1142/s1464333205002043.

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Strategic environmental assessment (SEA) has been identified as an important tool for helping to ensure that development is planned and implemented for the benefit of biodiversity by the Convention on Biological Diversity, the Ramsar Convention and the Convention for Migratory Species. SEA is seen as a way to overcome many limitations of project-level environmental impact assessment by allowing consideration of biodiversity at higher tiers of decision-making and planning. This paper identifies some important principles that should be taken into account to ensure that biodiversity considerations are appropriately addressed in SEA, so that the conservation and sustainable use of biodiversity are pursued as fundamental objectives of strategic decision-making. The paper also sets out key considerations to take into account at different stages in the SEA process. The principles explored in this paper should be applicable in any country where SEA is practiced, even though legislation, methodologies and procedures vary widely.
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Dissertations / Theses on the topic "Aquatic biological diversity conservation – Law and legislation"

1

Felley, Mary Louise. "A biodiversity conservation policy and legal framework for Hong Kong." Thesis, Hong Kong : University of Hong Kong, 1996. http://sunzi.lib.hku.hk/hkuto/record.jsp?B17457592.

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Kizungu, Dieu-Donne Mushamalirwa. "Access to genetic resources and sharing of benefits arising out of their utilization : a critical analysis of the contribution of the Nagoya Protocol to the existing international regime on access and benefit-sharing." Thesis, 2012. http://hdl.handle.net/10413/9894.

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Prior to the commencement of the Convention on Biological Diversity (CBD), genetic resources were considered to be the common heritage of mankind; this principle gave the right to developed countries to obtain and freely use the genetic material of developing countries. Growing concern over the controversial ‘free access’ system and the monopolization of benefits led to the negotiation of an international treaty, the CBD, to regulate access to genetic resources and the sharing of benefits resulting from the utilisation of such resources. The CBD makes some important innovations. It recognizes that the authority to determine access to genetic resources depends on national governments and is subject to national legislation. Thus, the CBD recognizes state sovereignty over genetic resources and institutes the principles of Prior informed Consent (PIC), Mutually Agreed Terms and Benefit-Sharing. However, the CBD and other international instruments relating to genetic resources have not had the desired effect of preventing the misappropriation of genetic resources and associated traditional knowledge (TK). Developing countries suffered and continue to suffer from the piracy of their resources. This state of affairs has led to the recent adoption of the ‘Nagoya Protocol on Access to Genetic Resources and the Fair and Equitable Sharing of Benefits Arising from their Utilization to The Convention on Biological Diversity,’ (2010 Nagoya Protocol). This dissertation will consider the contribution of the Nagoya Protocol to the existing global and regional instruments concerning the access and benefit sharing of genetic resources. After explaining the gaps in the existing instruments, it will explore whether the Protocol is a miracle solution to the recurrent concern over misappropriation of genetic resources from biologically rich countries, or whether there is still much work to do to sort out this problem.
Thesis (LL.M.)-University of KwaZulu-Natal, Pietermaritzburg, 2012.
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Books on the topic "Aquatic biological diversity conservation – Law and legislation"

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Chandra, Tanna Girish, ed. The biological diversity law. Los Altos, CA: Nanoland, 2008.

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India. The Biological Diversity Act, 2002 and Biological Diversity Rules, 2004. Chennai: National Biodiversity Authority, 2004.

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Kohli, Kanchi. Understanding the Biological Diversity Act, 2002: A dossier. Pune, India: Kalpavriksh, 2006.

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Secretariat of the Convention on Biological Diversity., ed. Handbook of the Convention on Biological Diversity. London: Earthscan Publications, 2001.

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India. Compendium of biological diversity act 2002, rules 2004 and notifications. Chennai: National Biodiversity Authority, 2009.

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India. The Biological Diversity Act, 2002, no. 18 of 2003 (5th February, 2003): With up-to-date rules including convention on biological diversity & biodiversity conservation in India, an update. Dehradun: Natraj Publishers, 2005.

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Nepal, IUCN, ed. National implementation of the convention on biological diversity: Policy and legislative requirements. Kathmandu: IUCN-Nepal, 1999.

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United States. Congress. House. Committee on Science, Space, and Technology. Subcommittee on Environment. H.R. 585 and H.R. 2082, National Biological Diversity Conservation: Hearing before the Subcommittee on Environment of the Committee on Science, Space, and Technology, U.S. House of Representatives, One Hundred Second Congress, first session, May 23, 1991. Washington [D.C.]: U.S. G.P.O., 1991.

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Varella, Marcelo Dias. Biossegurança e biodiversidade: Contexto científico e regulamentar. Belo Horizonte: Del Rey, 1999.

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Vélez, Germán Alonso. Bioprospección y derechos colectivos en Colombia. [Bogotá, D.C: Programa Semillas, 2001.

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