Protecting commonplace biodiversity under international conservation law

Abstract

A contemporary appraisal of the extent to which international conservation law provides for the protection of commonplace biodiversity. It is argued that in light of the current extinction crisis, biodiversity would be better served if the law focused more on protecting common species rather than just the rare and endangered. Particular attention is paid to the rationales behind conservation regulation and how different understandings of the value have influenced the law’s development. Key conservation mechanisms, namely area-based management, species-focused mechanisms and the ecosystem approach, are analysed in relation to how they protect commonplace biodiversity, before a case study on the legal protection of plants is presented. What is suggested is that international conservation law has failed to keep pace with key developments in conservation science, resulting in a regulatory system that appears structurally incapable of halting biodiversity loss. Reforming the law so that it provides greater protection to commonplace biodiversity would be an important first step in responding to this.