scholarly journals Global large herbivore conservation and international law

2019 ◽  
Vol 28 (14) ◽  
pp. 3891-3914 ◽  
Author(s):  
Arie Trouwborst

Abstract Large wild herbivore species are important to ecosystems and human societies, but many of them are threatened and in decline. International wildlife treaties have a role to play in arresting and reversing these declines. This paper provides a global overview and analysis of relevant legal instruments and their roles regarding the conservation of the 73 largest terrestrial herbivores, i.e., those with a body mass of ≥ 100 kg. Outcomes reveal both significant positive contributions and shortcomings of the Ramsar Wetlands Convention, the World Heritage Convention, the Convention on International Trade in Endangered Species, the Convention on Migratory Species and its subsidiary instruments, the Convention on Biological Diversity, and a range of regional and bilateral treaties. Maximizing the potential of these treaties, and attaining their objectives regarding the conservation and restoration of large herbivores, requires substantial increases in funding and political will. Even before such game-changing increases occur, however, it remains worthwhile to seek and use the many opportunities that exist within the current international legal framework for enhancing the conservation of the world’s largest herbivores.

Author(s):  
Samantha Watts

This article looks at the current international regime that pertains to the African lion, a species that needs adequate protection across its range (a range that does not adhere to state boundaries). This analysis comes at a time when threats such as habitat and prey loss, retaliatory killing, trophy hunting and trade, are all impacting the remaining populations of African lions. The species is in danger of rapid population decline and possible extinction in the near future. Two decades ago there was an abundance of African lions, roughly 100 000, on the continent. But at present there are less than 32 000, while some believe there to be as little as 15 000 left. This decline is mainly due to the threats noted above. African lions are currently listed as "vulnerable" on the International Union for Conservation of Nature Red List of Threatened Species. This listing is being contested by commentators who believe that the species now requires an "endangered" status. African lion populations, and the threats to the species, extend across state boundaries. Therefore, international law is of particular importance in providing conservation and protection measures to the species. Creating conservation obligations at a global level allows for more uniform action, implementation and enforcement of legislation at regional and local levels. Therefore this article looks at each threat to African lion populations in detail and then assesses the international legal regime pertaining to each of these threats, and whether that regime is adequate. The Convention on Biological Diversity, Convention on the Conservation of Migratory Species, Convention on International Trade in Endangered Species of Wild Fauna and Flora and the Convention on Wetlands of International Importance are but some of the international instruments that are analysed. This article outlines the arguments that the international legal framework is not acceptable for the protection of the species, and addresses both the positive and negative aspects of this regime. It is found that the international legal regime for the African lion is in fact not effective in achieving the protection and survival of the species. Some changes are recommended, and the best way forward through an international legal lens is outlined. The security and viability of the African lion is uncertain, and legal protection of the species needs to be clear to start ensuring their survival in the future. With the increase in threats to the species and African lions already regionally endangered in some parts of Africa, it is obvious that some legal changes need to be made to ensure greater protection of the African lion at an international level.


2020 ◽  
Vol 10 (1) ◽  
Author(s):  
Annika M. Felton ◽  
Emma Holmström ◽  
Jonas Malmsten ◽  
Adam Felton ◽  
Joris P. G. M. Cromsigt ◽  
...  

AbstractDiet quality is an important determinant of animal survival and reproduction, and can be described as the combination of different food items ingested, and their nutritional composition. For large herbivores, human landscape modifications to vegetation can limit such diet-mixing opportunities. Here we use southern Sweden’s modified landscapes to assess winter diet mixtures (as an indicator of quality) and food availability as drivers of body mass (BM) variation in wild moose (Alces alces). We identify plant species found in the rumen of 323 moose harvested in Oct-Feb, and link variation in average calf BM among populations to diets and food availability. Our results show that variation in calf BM correlates with variation in diet composition, diversity, and food availability. A varied diet relatively rich in broadleaves was associated with higher calf BM than a less variable diet dominated by conifers. A diet high in shrubs and sugar/starch rich agricultural crops was associated with intermediate BM. The proportion of young production forest (0–15 yrs) in the landscape, an indicator of food availability, significantly accounted for variation in calf BM. Our findings emphasize the importance of not only diet composition and forage quantity, but also variability in the diets of large free-ranging herbivores.


2002 ◽  
Vol 32 (129) ◽  
pp. 631-652
Author(s):  
Christoph Görg ◽  
Ulrich Brand

In the last years an international legal framework evolved m the field of biodiversity, its protection and use. Accesses to genetic resources and mtellectual property nghts for developed commodities are fundamental for dominant actors and therefore these two aspects are central in political processes. Other aspects as nghts of mdlgenous peoples or benefit sharing have much less importance. Central institutions to regulate the highly contested issues are the Convention on Biological Diversity, the TRIPS agreement m the wro as well as the FAO which are not at all coherent in their policies. Agamst the background of regulation and critical state theory the article examines the contradictory role of the nation-state and international institutions in international biodiversity politics and examines central conflicts lines. Weaker actors try to politicise the struggle under the concept of "biopiracy" accusing dominant actors of an illegitimate appropriation of biodiversity. Fmally, some preconditions of "democratic biodiversity politics" are outlined.


FACETS ◽  
2021 ◽  
Vol 6 ◽  
pp. 1044-1068
Author(s):  
Justina C. Ray ◽  
Jaime Grimm ◽  
Andrea Olive

Negative biodiversity trends are evident in Canada, in spite of its ecological and economic wealth and high governance capacity. We examined the current implementation of Canada’s national biodiversity strategy—the planning instrument to the United Nations Convention on Biological Diversity—through its existing legal framework. We did this by evaluating biodiversity-related strategies and plans and 201 federal, provincial, and territorial laws. We found that while most jurisdictions claim dedicated attention to biodiversity, there is little evidence of an integrated approach within provinces and territories and across the federation. Biodiversity conservation led by governments underscores the need for considerations of species and ecosystem services to be mainstreamed into economic and development decision-making. Key challenges to this include Canada’s unusual degree of decentralized constitutionally ascribed authority over natural assets and its historical and continued economic emphasis on extraction of natural resources—a conflict of interest for jurisdictions. Transitioning to scale-appropriate planning and integrated decision-making that can address the pressures and causes of biodiversity conservation in Canada will require transformative change. Law reform, while necessary, will not succeed unless accompanied by a whole-of-government approach, a shift to a bio-centric mindset, innovative governance (particularly Indigenous-led conservation), and federal leadership with strong levels of financial investment.


2020 ◽  
Vol 20 (3) ◽  
pp. 28-48 ◽  
Author(s):  
Jesse L. Reynolds

The outdoor use of organisms modified with gene drives—emerging biotechnologies of biased inheritance—could further human well-being and biodiversity conservation, yet also poses environmental risks and diverse social challenges. This article describes and analyzes the international law and politics of gene drives’ research, development, and possible use, with an emphasis on their potential biodiversity applications. The Convention on Biological Diversity is central, and its institutions and others have taken actions toward governing gene drive organisms. Gene drives’ governance and politics are contrasted with those of agricultural genetically modified organisms, with emphases on states, nonstate actors, the precautionary approach, and decision-making forums. Developing and implementing governance—especially in international forums—for gene drives may prove to be difficult. The observations and analysis here indicate that the politics of gene drive organisms is a manifestation of a larger struggle regarding emerging technologies among those concerned about sustainability.


2013 ◽  
Vol 4 (2) ◽  
pp. 235-260 ◽  
Author(s):  
Jung-Eun KIM

Ocean fertilization was first introduced as a carbon dioxide mitigation technique in the 1980s. However, its effectiveness to slow down climate change is uncertain and it is expected to damage the marine environment. Consequently, international law, including the London Convention/Protocol and the Convention on Biological Diversity, limits this activity to scientific research purposes. The applicability and scope of existing treaties for regulating this activity have been reviewed within international legal systems, in particular within the London Protocol. The establishment of a liability regime with respect to these activities has also been raised during a discussion on regulation of ocean fertilization under the London Protocol. One of the key purposes of the liability regime could be to make ocean users more cautious when exploring and exploiting the oceans through charging cleaning costs or imposing compensation for damage. This paper aims to identify such a preventative effect of the international liability regime, in particular, state liability.


2021 ◽  
Vol 29 (2) ◽  
pp. 140-158
Author(s):  
Md. Mizanur Rahman

The study strived to assess the performance of the Ministry of Environment, Forest, and Climate Change in achieving environmental sustainability in Bangladesh. The overarching pitfalls, shortcomings, and associated challenges were critically examined. The research used both primary and secondary data, which was collected following several research approaches. It was found that the Ministry is actively working to achieve 25 targets of SDGs. Nothing is mentioned about climate change in its mandates though it is nodal Ministry in climate adaptation and mitigation. Due to its ambiguous and viscous mandates, jurisdictional overlapping followed by the conflict of interests has been created in many other ministries and divisions. In SDGs mapping, this Ministry's role in achieving food security and responsible consumption have been downplayed. According to key informants' perception, it could not garner the community’s support in conservation initiatives. On the other hand, due to drawbacks in the legal framework, environmental justice could be ensured on an equal basis. No noticeable activities were observed that can achieve the targets 2020, agreed under the UN Convention on Biological Diversity (CBD), as part of the set of Aichi Biodiversity Targets. The Ministry could not establish any reliable database through which ecological, carbon, and green footprints can be measured. Correspondingly, Bangladesh Forest Research Institute cannot carry out need-based and world standard research activities. Institutional and legal reform is advocated to expedite the actions to achieve environmental sustainability. The study recommends enhancing the capacity of the Ministry.


2019 ◽  
Vol 12 (2) ◽  
pp. 23 ◽  
Author(s):  
Thomas Prehi Botchway

In this essay, we use the implementation of multilateral environmental agreements (MEAs) in developing countries (specifically, the implementation of the Convention on Biological Diversity in Ghana) to illustrate why and how States can implement international agreements and for that matter comply with international law without necessarily compromising on equally implementing effective policies to meet their domestic responsibility, particularly when such MEAs may be deemed by some as instruments that curtail the enjoyment of benefits from a State’s natural resources and endowments. The essay examines the nexus between compliance with international law (international obligation) and meeting domestic responsibility (particularly when the international treaty or agreement to be complied with seems to have some negative implications for the domestic population or State policy). Do States always have an incentive to comply with and execute their international obligations? Should the need for or argument against an international agreement or treaty necessarily lead to its abandonment by States? Can States effectively balance the execution of international obligation with meeting domestic responsibility? Should the effective implementation of a State’s international obligation be regarded as a zero sum for the State’s domestic responsibility? What should be the basis for compliance in international law? These are some of the few questions that this essay seeks to address.


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