A3 Refereed book chapter or chapter in a compilation book

Legal Weaknesses and Windows of Opportunity in Transnational Biodiversity Protection: as Seen through the Lens of an Ecosystem Approach-Based Paradigm




AuthorsRaitanen Elina

EditorsSandrine Maljean-Dubois

Publication year2017

Book title The Effectiveness of Environmental Law

Series titleEuropean Environmental Law Forum

Volume3

First page 81

Last page100

ISBN 978-1-78068-467-3

eISBN978-1-78068-738-4

DOIhttps://doi.org/10.1017/9781780687384.006(external)

Web address https://www.cambridge.org/core/books/effectiveness-of-environmental-law/legal-weaknesses-and-windows-of-opportunity-in-transnational-biodiversity-protection-as-seen-through-the-lens-of-an-ecosystem-approachbased-paradigm/4B528D5E0BE1579589ADC616F3855674(external)


Abstract

This chapter reflects upon the weaknesses of transnational environmental law to protect biodiversity – stemming from fragmentation and anthropocentrism. The study employs an ecosystem approach-based paradigm as a perspective of legal research, given that it seeks to overcome the fragmentation of natural resources law and the rigidity of a legal decision-making structure, which arguably reflect the old semantics of the environment as merely a set of resources to be consumed. These features of the contemporary legal architecture are illmatched with the socio-ecological realities and, thereby, are predisposed to environmental degradation. I propose that the fragmentation and rigidity of law could be mitigated through the adoption of an ecosystem approach-based framework in law via further integration and adaptation. From a transnational law perspective, the integration of biodiversity drivers are perhaps best facilitated through institutional linkages in and between regimes, and through contractual arrangements. The adaptation, on the other hand, could arguably be fostered via the operationalization of the precautionary principle on lower governance levels through adaptive law methods and processes.



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