Pub Date : 2011-04-01DOI: 10.1111/J.1467-9388.2011.00700.X
A. Trouwborst
This article reviews the Bern Convention on the Conservation of European Wildlife and Natural Habitats and the European Union's Wild Birds and Habitats Directives from the perspective of the need to help nature adapt to climate change in order to attain biodiversity conservation goals. It concludes that even though none of the three instruments explicitly state this, both the Bern Convention and the EU directives currently subject Member States to legal obligations to take the measures necessary to facilitate the adaptation of biodiversity in Europe to climate change. These measures include the restoration and protection of robust populations and habitats, as well as the establishment of adequate connectivity in order to enable recovery of populations following climate-related impacts and to enable climate-induced range shifts.
{"title":"Conserving European Biodiversity in a Changing Climate: The Bern Convention, the EU Birds and Habitats Directives and the Adaptation of Nature to Climate Change","authors":"A. Trouwborst","doi":"10.1111/J.1467-9388.2011.00700.X","DOIUrl":"https://doi.org/10.1111/J.1467-9388.2011.00700.X","url":null,"abstract":"This article reviews the Bern Convention on the Conservation of European Wildlife and Natural Habitats and the European Union's Wild Birds and Habitats Directives from the perspective of the need to help nature adapt to climate change in order to attain biodiversity conservation goals. It concludes that even though none of the three instruments explicitly state this, both the Bern Convention and the EU directives currently subject Member States to legal obligations to take the measures necessary to facilitate the adaptation of biodiversity in Europe to climate change. These measures include the restoration and protection of robust populations and habitats, as well as the establishment of adequate connectivity in order to enable recovery of populations following climate-related impacts and to enable climate-induced range shifts.","PeriodicalId":445990,"journal":{"name":"Protected Lands Law & Policy eJournal","volume":"13 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2011-04-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126007895","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
The international community has committed itself to establishing a coherent network of marine protected areas (MPAs) by 2012. This network should also extend to areas beyond national jurisdiction (ABNJ), namely the high seas and the ‘Area’ (the seabed and ocean floor and the subsoil thereof beyond the limits of national jurisdiction). This article examines the pioneering efforts of OSPAR to establish MPAs in ABNJ in the North-East Atlantic Ocean. In that connection, OSPAR has to work out how to deal with the applicable international governance and regulatory framework, most importantly the United Nations Convention on the Law of the Sea (UNCLOS) and the various ‘competent’ international organizations functioning thereunder. The article’s most important conclusion is that an effective regime for ABNJ in general and also for holistic MPAs in ABNJ requires complementary action at the global and regional levels. OSPAR’s pioneering approach may, if pursued carefully – among other things by respecting the competence of other global and regional bodies – have a decisive impact on the development of the global legal regime in respect of the role of regional environmental organizations in the management of ABNJ.
{"title":"Marine Protected Areas in Areas beyond National Jurisdiction - The Pioneering Efforts under the OSPAR Convention","authors":"E. Molenaar, Alex G. Oude Elferink","doi":"10.18352/ULR.92","DOIUrl":"https://doi.org/10.18352/ULR.92","url":null,"abstract":"The international community has committed itself to establishing a coherent network of marine protected areas (MPAs) by 2012. This network should also extend to areas beyond national jurisdiction (ABNJ), namely the high seas and the ‘Area’ (the seabed and ocean floor and the subsoil thereof beyond the limits of national jurisdiction). This article examines the pioneering efforts of OSPAR to establish MPAs in ABNJ in the North-East Atlantic Ocean. In that connection, OSPAR has to work out how to deal with the applicable international governance and regulatory framework, most importantly the United Nations Convention on the Law of the Sea (UNCLOS) and the various ‘competent’ international organizations functioning thereunder. The article’s most important conclusion is that an effective regime for ABNJ in general and also for holistic MPAs in ABNJ requires complementary action at the global and regional levels. OSPAR’s pioneering approach may, if pursued carefully – among other things by respecting the competence of other global and regional bodies – have a decisive impact on the development of the global legal regime in respect of the role of regional environmental organizations in the management of ABNJ.","PeriodicalId":445990,"journal":{"name":"Protected Lands Law & Policy eJournal","volume":"31 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2009-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116747012","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Conservation easements have emerged as an important tool for land trusts and government agencies aiming to conserve private land in the United States. Despite the increase in public investment in conservation easement acquisitions, little is known about their conservation outcomes, particularly at a landscape scale. The nine-county San Francisco Bay Area exemplifies a complex conservation context: 190 organizations hold 24% of the land base in some type of protection status. Using a detailed protected lands database, we compared the contributions of conservation easements and fee-simple protected areas to ecological, agricultural, and public recreation benefits. We found that conservation easements were more likely to conserve grasslands, oak woodlands, and agricultural land, whereas fee-simple properties were more likely to conserve chaparral and scrub, redwoods, and urban areas. Conservation easements contributed to open space connectivity but were unlikely to be integrated into local land-use plans or provide public recreation. In particular, properties held by land trusts were less likely to allow for public recreation than were public lands. Conservation easements held by land trusts and special districts complemented fee-simple lands and provided greater conservation of some ecological communities and agricultural lands than fee-simple properties. Spatial databases of protected areas that include conservation easements are necessary for conservation planning and assessment.
{"title":"The Conservation Contributions of Conservation Easements: Analysis of the San Francisco Bay Area Protected Lands Spatial Database","authors":"A. Rissman, A. Merenlender","doi":"10.2139/ssrn.2816160","DOIUrl":"https://doi.org/10.2139/ssrn.2816160","url":null,"abstract":"Conservation easements have emerged as an important tool for land trusts and government agencies aiming to conserve private land in the United States. Despite the increase in public investment in conservation easement acquisitions, little is known about their conservation outcomes, particularly at a landscape scale. The nine-county San Francisco Bay Area exemplifies a complex conservation context: 190 organizations hold 24% of the land base in some type of protection status. Using a detailed protected lands database, we compared the contributions of conservation easements and fee-simple protected areas to ecological, agricultural, and public recreation benefits. We found that conservation easements were more likely to conserve grasslands, oak woodlands, and agricultural land, whereas fee-simple properties were more likely to conserve chaparral and scrub, redwoods, and urban areas. Conservation easements contributed to open space connectivity but were unlikely to be integrated into local land-use plans or provide public recreation. In particular, properties held by land trusts were less likely to allow for public recreation than were public lands. Conservation easements held by land trusts and special districts complemented fee-simple lands and provided greater conservation of some ecological communities and agricultural lands than fee-simple properties. Spatial databases of protected areas that include conservation easements are necessary for conservation planning and assessment.","PeriodicalId":445990,"journal":{"name":"Protected Lands Law & Policy eJournal","volume":"171 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2008-06-23","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132762241","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Agriculture plays a significant role in both the economy and fabric of our communities. Land use policies have the ability to enhance or degrade the vitality of this critically important industry. This article examines how New York State regulates agricultural uses through a mix of local, county and state authority. In addition, the authors look at alternative models from other states (Pennsylvania, Maryland, California, Massachusetts) to offer suggestions for reform. This article was cited by the Supreme Judicial Court of Massachusetts in Zuckerman v. Town of Hadley, 442 Mass. 511, 813 N.E.2d 843 (2004).
农业在经济和社会结构中都发挥着重要作用。土地使用政策有能力增强或削弱这一至关重要的行业的活力。本文考察了纽约州如何通过地方、县和州当局的混合管理农业使用。此外，作者还研究了其他州(宾夕法尼亚州、马里兰州、加利福尼亚州、马萨诸塞州)的替代模式，以提供改革建议。本文引自马萨诸塞州最高司法法院在Zuckerman v. Town of Hadley, 442 Mass. 511, 813 N.E.2d 843(2004)一案。
{"title":"Preserving Our Heritage: Tools to Cultivate Agricultural Preservation in New York State","authors":"Sean F. Nolon, C. Solloway","doi":"10.58948/2331-3528.1330","DOIUrl":"https://doi.org/10.58948/2331-3528.1330","url":null,"abstract":"Agriculture plays a significant role in both the economy and fabric of our communities. Land use policies have the ability to enhance or degrade the vitality of this critically important industry. This article examines how New York State regulates agricultural uses through a mix of local, county and state authority. In addition, the authors look at alternative models from other states (Pennsylvania, Maryland, California, Massachusetts) to offer suggestions for reform. This article was cited by the Supreme Judicial Court of Massachusetts in Zuckerman v. Town of Hadley, 442 Mass. 511, 813 N.E.2d 843 (2004).","PeriodicalId":445990,"journal":{"name":"Protected Lands Law & Policy eJournal","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1997-04-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129853789","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Wildfire is a growing threat to suburban and exurban communities, partly because fires have grown more severe and frequent as a result of land use and climatic influences and partly because more people are living in fire prone areas. The so-called Healthy Forests Restoration Act (HFRA), the federal government's response to this crisis, is a deeply flawed statute that will likely exacerbate wildfire risks at the same time it makes real ecological restoration even harder. While HFRA took halting, partial steps toward the integration of broad and small scale land use planning, it was the outgrowth of a dysfunctional legislative process in Washington. Before the governance of public lands adapts completely to HFRA, this law should be overhauled (or, ideally, repealed). I suggest targeted reforms to bring about more transparency, greater clarity on what we mean by restoration, and more attention to the trade-offs entailed by further expansion into the wildland/urban interface.
{"title":"The Fire Next Time: Land Use Planning in the Wildland/Urban Interface","authors":"J. Colburn","doi":"10.2139/SSRN.1106617","DOIUrl":"https://doi.org/10.2139/SSRN.1106617","url":null,"abstract":"Wildfire is a growing threat to suburban and exurban communities, partly because fires have grown more severe and frequent as a result of land use and climatic influences and partly because more people are living in fire prone areas. The so-called Healthy Forests Restoration Act (HFRA), the federal government's response to this crisis, is a deeply flawed statute that will likely exacerbate wildfire risks at the same time it makes real ecological restoration even harder. While HFRA took halting, partial steps toward the integration of broad and small scale land use planning, it was the outgrowth of a dysfunctional legislative process in Washington. Before the governance of public lands adapts completely to HFRA, this law should be overhauled (or, ideally, repealed). I suggest targeted reforms to bring about more transparency, greater clarity on what we mean by restoration, and more attention to the trade-offs entailed by further expansion into the wildland/urban interface.","PeriodicalId":445990,"journal":{"name":"Protected Lands Law & Policy eJournal","volume":"46 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127906518","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Some commentators suggest that comprehensive planning is indispensable for smart growth (that is, less auto-centric development). This paper argues that municipal comprehensive plans, like zoning, are merely a tool that can be used to support sprawl as easily as smart growth. Thus, planning, although desirable for a variety of reasons, is not absolutely sufficient or necessary for smart growth.
{"title":"The (Somewhat) False Hope of Comprehensive Planning","authors":"Michael E Lewyn","doi":"10.2139/SSRN.2562729","DOIUrl":"https://doi.org/10.2139/SSRN.2562729","url":null,"abstract":"Some commentators suggest that comprehensive planning is indispensable for smart growth (that is, less auto-centric development). This paper argues that municipal comprehensive plans, like zoning, are merely a tool that can be used to support sprawl as easily as smart growth. Thus, planning, although desirable for a variety of reasons, is not absolutely sufficient or necessary for smart growth.","PeriodicalId":445990,"journal":{"name":"Protected Lands Law & Policy eJournal","volume":"28 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132527055","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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