Biodiversity: Law, Policy and Governance
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Conservation of biodiversity is a fundamental concern towards securing a sustainable future. This volume argues that despite various domestic and international policies and legal frameworks on biodiversity conservation — be it forest, wildlife, marine, coastal, etc. — their implementation suffers from many deficiencies. It explores the factors that hinder effective implementation of these policies and frameworks. It also analyses existing laws, both international and domestic, to identify inherent problems in the existing legal system. The book maintains that careful adherence to established procedures and protocols, public awareness, filling the lacuna in legal framework, and a strong political will are sine qua non for effective conservation of biodiversity and sustainable development. The volume defends the protection of traditional knowledge and participation of indigenous communities along with reinforcements of intellectual property in this regard. It also commends the role played by the Indian judiciary, especially the Supreme Court of India and India’s National Green Tribunal for the preservation and enhancement of natural resources by applying established as also evolving principles of environmental law. This book will be useful to scholars and researchers of environmental studies, development studies, policy studies and law related to biodiversity and conservation. Cover Title Copyright Dedication Contents Notes on contributors Preface Foreword Introduction Part I Biodiversity conservation: issues and challenges 1 Sustainable wetlands and biodiversity conservation: Nigeria’s Lagos Lagoon in focus 2 Marine Spatial Planning as a key instrument for the sustainable use of marine resources: the case of Mauritius Part II Biodiversity governance and diplomacy 3 Biodiversity conservation and management in India, Brazil and South Africa: law, policy and diplomacy in the contemporary age 4 Biodiversity conservation and management: the Ugandan experience Part III Convention on Biological Diversity, ABS and TRIPS Agreement 5 Implementing the Nagoya Protocol on access and benefit sharing in India 6 Agreement on Trade-Related Aspects of Intellectual Property Rights versus Convention on Biological Diversity: a call for harmonization Part IV Genetic engineering: problems and prospects 7 Genetically modified crops: neither poison nor panacea Part V Judicial responses 8 Public Interest Litigation – an effective tool for biodiversity conservation: an Indian experience 9 Assessing India’s Green Tribunal for conservation of biodiversity 10 Role of the Judiciary in biodiversity enforcement and compliance: comparison between the International Court of Justice and the Indian Judiciary Part VI The way forward 11 Feminist dimension of biodiversity challenges 12 The possibility of Urgenda in India 13 The possibility of a Global Environmental Organization Table of cases Index
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