首页 > 最新文献

Journal of International Wildlife Law and Policy最新文献

英文 中文
Protection of Charismatic Megafauna in the Law of Central European Countries 中欧国家法律对魅力型巨型动物的保护
Q2 Social Sciences Pub Date : 2019-04-03 DOI: 10.1080/13880292.2019.1639289
Milan Damohorský
In my article, presented at the 18th International Wildlife Law Conference in Tilburg, the Netherlands, in 2018, I focus on both theoretical and practical issues related to the protection of mega-species of mammals and birds in the law of Central European countries. The problem is topical; many of those species were either killed off or their populations were significantly decreased, if not decimated, in the past. Only in the past few years have they started to gradually move back to Central European nature from other regions, particularly from the north and east of Europe. This shows that the protection of mega-species of mammals and birds cannot be narrowed to a policy of deterrence contained in legal regulations; what also matters is economic motivation (compensation for damage caused by those species), as well as education and raising public awareness. All of this is, however, a quite difficult, demanding, and long process. What can serve as a model example is certainly the wolf and its return to the Central European wilderness.
在2018年在荷兰蒂尔堡举行的第18届国际野生动物法会议上,我发表了一篇文章,重点讨论了中欧国家法律中与保护大型哺乳动物和鸟类物种有关的理论和实践问题。这个问题是局部的;在过去,这些物种中的许多要么被杀死,要么它们的数量显著减少,如果不是大量减少的话。只是在过去的几年里,它们才开始从其他地区,特别是欧洲北部和东部,逐渐回到中欧的自然环境中。这表明,对大型哺乳动物和鸟类物种的保护不能局限于法律规定中包含的威慑政策;同样重要的是经济动机(对这些物种造成的损害进行赔偿),以及教育和提高公众意识。然而,所有这一切都是一个相当困难、苛刻和漫长的过程。可以作为典型例子的当然是狼及其重返中欧荒野。
{"title":"Protection of Charismatic Megafauna in the Law of Central European Countries","authors":"Milan Damohorský","doi":"10.1080/13880292.2019.1639289","DOIUrl":"https://doi.org/10.1080/13880292.2019.1639289","url":null,"abstract":"In my article, presented at the 18th International Wildlife Law Conference in Tilburg, the Netherlands, in 2018, I focus on both theoretical and practical issues related to the protection of mega-species of mammals and birds in the law of Central European countries. The problem is topical; many of those species were either killed off or their populations were significantly decreased, if not decimated, in the past. Only in the past few years have they started to gradually move back to Central European nature from other regions, particularly from the north and east of Europe. This shows that the protection of mega-species of mammals and birds cannot be narrowed to a policy of deterrence contained in legal regulations; what also matters is economic motivation (compensation for damage caused by those species), as well as education and raising public awareness. All of this is, however, a quite difficult, demanding, and long process. What can serve as a model example is certainly the wolf and its return to the Central European wilderness.","PeriodicalId":52446,"journal":{"name":"Journal of International Wildlife Law and Policy","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2019-04-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"75257990","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}
引用次数: 0
Investigating the Influence of Non-state Actors on Amendments to the CITES Appendices 调查非国家行为者对CITES附录修正案的影响
Q2 Social Sciences Pub Date : 2019-04-03 DOI: 10.1080/13880292.2019.1638549
D. Challender, D. Macmillan
Abstract Non-state actors are playing an increasing role in global environmental governance. Elucidating the modalities and implications of this engagement is important to understanding international policy-making processes. CITES, the Convention on International Trade in Endangered Species of Wild Fauna and Flora, is the primary mechanism for regulating international wildlife trade. It functions by listing species in its Appendices with corresponding trade controls. Accurately listing species in the Appendices is therefore fundamental to the Convention’s effectiveness. We investigate the influence of non-state actors on amending the CITES Appendices using an established framework for assessing NGO influence in international environmental negotiations. We find that non-state actors have been successful in issue framing and agenda setting, and in influencing the position of other actors and final decisions. We also find evidence that NGOs have sought to abuse CITES in pursuit of “campaign” victories, including claiming unwarranted victories, thus undermining NGO legitimacy and accountability. We recommend that the CITES parties seek the most robust science to inform decision-making on proposed amendments to the appendices, which should be broadened to include socioeconomic and economic considerations in order that proposals are evaluated in their real-world context. We further recommend that NGOs should seek to fully understand decision-making in the Convention in order to maximise their legitimate contribution to CITES. Further research is needed to fully elucidate the influence of non-state actors in CITES.
非国家行为体在全球环境治理中发挥着越来越重要的作用。阐明这种接触的方式和影响对于理解国际决策过程非常重要。《濒危野生动植物种国际贸易公约》是规范国际野生动植物贸易的主要机制。它的功能是在其附录中列出附有相应贸易管制的物种。因此,在附录中准确列出物种对《公约》的有效性至关重要。我们利用评估非政府组织在国际环境谈判中的影响力的既定框架,调查了非国家行为体对修订《濒危野生动植物种国际贸易公约》附录的影响。我们发现,非国家行为体在问题框架和议程设置以及影响其他行为体的立场和最终决定方面取得了成功。我们还发现有证据表明,非政府组织试图滥用CITES来追求“运动”的胜利,包括声称没有根据的胜利,从而破坏了非政府组织的合法性和问责制。我们建议CITES缔约方寻求最可靠的科学依据,为附录拟议修正案的决策提供信息,这些建议应扩大到包括社会经济和经济因素,以便在现实环境中对提案进行评估。我们进一步建议,非政府组织应设法充分理解公约中的决策,以便最大限度地发挥其对CITES的合法贡献。要充分阐明非国家行为体对CITES的影响,还需要进一步的研究。
{"title":"Investigating the Influence of Non-state Actors on Amendments to the CITES Appendices","authors":"D. Challender, D. Macmillan","doi":"10.1080/13880292.2019.1638549","DOIUrl":"https://doi.org/10.1080/13880292.2019.1638549","url":null,"abstract":"Abstract Non-state actors are playing an increasing role in global environmental governance. Elucidating the modalities and implications of this engagement is important to understanding international policy-making processes. CITES, the Convention on International Trade in Endangered Species of Wild Fauna and Flora, is the primary mechanism for regulating international wildlife trade. It functions by listing species in its Appendices with corresponding trade controls. Accurately listing species in the Appendices is therefore fundamental to the Convention’s effectiveness. We investigate the influence of non-state actors on amending the CITES Appendices using an established framework for assessing NGO influence in international environmental negotiations. We find that non-state actors have been successful in issue framing and agenda setting, and in influencing the position of other actors and final decisions. We also find evidence that NGOs have sought to abuse CITES in pursuit of “campaign” victories, including claiming unwarranted victories, thus undermining NGO legitimacy and accountability. We recommend that the CITES parties seek the most robust science to inform decision-making on proposed amendments to the appendices, which should be broadened to include socioeconomic and economic considerations in order that proposals are evaluated in their real-world context. We further recommend that NGOs should seek to fully understand decision-making in the Convention in order to maximise their legitimate contribution to CITES. Further research is needed to fully elucidate the influence of non-state actors in CITES.","PeriodicalId":52446,"journal":{"name":"Journal of International Wildlife Law and Policy","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2019-04-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"88441149","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}
引用次数: 15
CITES as Global Governance: Paths to Consensus and Defining Nature Through Uncertainty CITES作为全球治理:达成共识的途径和通过不确定性定义自然
Q2 Social Sciences Pub Date : 2019-04-03 DOI: 10.1080/13880292.2019.1629176
T. Le
Abstract As concern over various environmental issues has risen at the international level, questions regarding what constitutes “nature” and how it should be portrayed and treated have gained a greater sense of urgency. This paper explores varying concepts and attributes of nature articulated by the Convention on International Trade in Endangered Species (“CITES”). Much of the research on CITES comes from the fields of policy and ecology, exploring matters of biodiversity, sustainability, enforcement, functionality, and evaluation of CITES as a “success” or “failure” of policy, with little focus on issues of cultural context and ambiguities. In contrast, within the social sciences, the contemporary literature is broadly dedicated to critiquing the static, dualistic ideas of nature upon which environmental regulations are based. However, what is often missing from this discourse is how environmental policies often have an implicit understanding that these static conceptions of nature are not accurate – that within the environmental legislation process, there is “an awareness, for example, of the messy, improvised character of knowledges about nature”. This paper explores CITES’s understanding of nature, how it characterizes nature, and how these conceptions become implemented in legislative practice. It illustrates CITES as a manifestation of what Krueger calls a regulatory process of “coded and recoded text with material implications” (p. 880), wherein a relatively unchanging set of legislation can create “multiple, even contradictory, outcomes coexisting simultaneously in the same system” (p. 872).
随着对各种环境问题的关注在国际层面上上升,什么是“自然”以及如何描绘和对待“自然”的问题变得更加紧迫。本文探讨了《濒危野生动植物种国际贸易公约》(CITES)所阐述的各种自然概念和属性。关于CITES的研究大多来自政策和生态学领域,探讨了生物多样性、可持续性、执行、功能以及CITES政策“成功”或“失败”的评估等问题,很少关注文化背景和模糊性问题。相比之下,在社会科学领域,当代文学广泛致力于批评环境法规所依据的静态的、二元论的自然观念。然而,这种论述中经常缺失的是,环境政策往往隐含着一种理解,即这些静态的自然概念是不准确的——在环境立法过程中,存在着“一种意识,例如,关于自然知识的混乱、即兴的特征”。本文探讨了CITES对自然的理解、对自然的界定以及这些概念如何在立法实践中得以实施。它将《濒危物种公约》阐释为克鲁格所称的“具有实质性含义的编码和再编码文本”的监管过程的表现(第880页),其中一套相对不变的立法可以创造“在同一系统中同时共存的多种甚至相互矛盾的结果”(第872页)。
{"title":"CITES as Global Governance: Paths to Consensus and Defining Nature Through Uncertainty","authors":"T. Le","doi":"10.1080/13880292.2019.1629176","DOIUrl":"https://doi.org/10.1080/13880292.2019.1629176","url":null,"abstract":"Abstract As concern over various environmental issues has risen at the international level, questions regarding what constitutes “nature” and how it should be portrayed and treated have gained a greater sense of urgency. This paper explores varying concepts and attributes of nature articulated by the Convention on International Trade in Endangered Species (“CITES”). Much of the research on CITES comes from the fields of policy and ecology, exploring matters of biodiversity, sustainability, enforcement, functionality, and evaluation of CITES as a “success” or “failure” of policy, with little focus on issues of cultural context and ambiguities. In contrast, within the social sciences, the contemporary literature is broadly dedicated to critiquing the static, dualistic ideas of nature upon which environmental regulations are based. However, what is often missing from this discourse is how environmental policies often have an implicit understanding that these static conceptions of nature are not accurate – that within the environmental legislation process, there is “an awareness, for example, of the messy, improvised character of knowledges about nature”. This paper explores CITES’s understanding of nature, how it characterizes nature, and how these conceptions become implemented in legislative practice. It illustrates CITES as a manifestation of what Krueger calls a regulatory process of “coded and recoded text with material implications” (p. 880), wherein a relatively unchanging set of legislation can create “multiple, even contradictory, outcomes coexisting simultaneously in the same system” (p. 872).","PeriodicalId":52446,"journal":{"name":"Journal of International Wildlife Law and Policy","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2019-04-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"74709006","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}
引用次数: 2
Beyond the Goods/Resources Dichotomy: Animal Labor and Trade Law 超越商品/资源二分法:动物劳动和贸易法
Q2 Social Sciences Pub Date : 2019-04-03 DOI: 10.1080/13880292.2019.1658379
C. Blattner
Abstract Since its inception, the World Trade Organization (WTO) has, in a rather self-evident manner, treated animals as objects of trade: Animals must be either goods or natural resources subject to the terms and conditions of the General Agreement on Tariffs and Trade (GATT). However, broader public and legal efforts to recategorize animals from goods to “sentient beings,” which are emerging across the world, are casting serious doubt on these assumptions. Using animals’ subjectivity as a starting point, a new and bourgeoning strand of anthropological, ethical, and political studies argues that animals should properly be recognized as working subjects. Be it guide dogs, truffle hogs, logging elephants, or dairy cows—working animals, they argue, are owed wholly new legal and ethical duties. This article builds on these arguments to examine the consequences of “animal labor” for trade law: Are animals wrongly classified as commodities or resources? Is there a need and room to recognize animals as service providers under the General Agreement on Trade in Services (GATS)? What are the legal consequences of this proposed change? This article sets out to answer these questions and argues that recognizing animals as workers in trade law is conceptually coherent and can play a crucial role in empowering states to protect animals effectively at the international level.
世界贸易组织(WTO)自成立以来,就以一种不言自明的方式将动物视为贸易对象:动物必须是关税与贸易总协定(GATT)条款和条件下的货物或自然资源。然而,在世界各地出现的将动物从商品重新分类为“众生”的更广泛的公众和法律努力,对这些假设产生了严重的怀疑。以动物的主体性为出发点,一个新兴的人类学、伦理学和政治学研究流派认为,动物应该被恰当地视为工作主体。他们认为,无论是导盲犬、松露猪、伐木大象还是奶牛工作动物,都负有全新的法律和道德责任。本文以这些论点为基础,考察“动物劳动”对贸易法的影响:动物是否被错误地归类为商品或资源?在《服务贸易总协定》(GATS)下,是否有需要和余地承认动物为服务提供者?这项拟议的改变会带来什么法律后果?本文将着手回答这些问题,并认为在贸易法中承认动物是工人在概念上是一致的,并且可以在授权各国在国际层面上有效保护动物方面发挥关键作用。
{"title":"Beyond the Goods/Resources Dichotomy: Animal Labor and Trade Law","authors":"C. Blattner","doi":"10.1080/13880292.2019.1658379","DOIUrl":"https://doi.org/10.1080/13880292.2019.1658379","url":null,"abstract":"Abstract Since its inception, the World Trade Organization (WTO) has, in a rather self-evident manner, treated animals as objects of trade: Animals must be either goods or natural resources subject to the terms and conditions of the General Agreement on Tariffs and Trade (GATT). However, broader public and legal efforts to recategorize animals from goods to “sentient beings,” which are emerging across the world, are casting serious doubt on these assumptions. Using animals’ subjectivity as a starting point, a new and bourgeoning strand of anthropological, ethical, and political studies argues that animals should properly be recognized as working subjects. Be it guide dogs, truffle hogs, logging elephants, or dairy cows—working animals, they argue, are owed wholly new legal and ethical duties. This article builds on these arguments to examine the consequences of “animal labor” for trade law: Are animals wrongly classified as commodities or resources? Is there a need and room to recognize animals as service providers under the General Agreement on Trade in Services (GATS)? What are the legal consequences of this proposed change? This article sets out to answer these questions and argues that recognizing animals as workers in trade law is conceptually coherent and can play a crucial role in empowering states to protect animals effectively at the international level.","PeriodicalId":52446,"journal":{"name":"Journal of International Wildlife Law and Policy","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2019-04-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"84122210","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}
引用次数: 1
Brushes with the Law: A Conservation Scientist’s Perspective on Legal Solutions and Impediments from Scottish Wildcats to African Lions* 与法律刷子:从苏格兰野猫到非洲狮的法律解决方案和障碍的保护科学家的观点*
Q2 Social Sciences Pub Date : 2019-01-02 DOI: 10.1080/13880292.2019.1616379
D. Macdonald
Abstract I suggest here that the requirements for conservation evidence within regulation are cyclical in nature, and I describe the key stages in this cycle of conservation regulation. In particular, I focus on: (1) the type of evidence required (illustrated by the case of water voles disrupted by riverside development), (2) the clarity of evidence in terms of its implications for policy (illustrated by the harrowing case of the endangered Scottish wildcat hybridising with the pestilential feral domestic cat), (3) the actual impact such evidence has in practice (illustrated by the legal confusions arising from the changing taxonomy of protected species), and (4) the role of evidence in assessing regulatory efficacy (which returns us to point 1 in the cycle) (illustrated by evidence of the (in)humaneness of, for example, rodent traps, various instances of wildlife trade, and the efficacy of international conventions). The article concludes with a series of reflections on how conservation researchers might engage with legal experts and practitioners for the benefit of wildlife conservation in the twenty-first century: through transdisciplinary research, ethically informed and actively applied.
在此,我认为监管中对保护证据的要求具有周期性,并描述了这一保护监管周期的关键阶段。我特别关注:(1)所需证据的类型(以河滨开发破坏水田鼠的案例为例),(2)证据对政策影响的清晰度(以濒临灭绝的苏格兰野猫与流行的野生家猫杂交的悲惨案例为例),(3)这些证据在实践中的实际影响(以受保护物种分类法变化引起的法律混乱为例),(4)证据在评估监管效力方面的作用(这让我们回到了周期中的第一点)(通过证据来说明,例如,啮齿动物陷阱、各种野生动物贸易的实例和国际公约的效力)。文章总结了一系列关于保护研究人员如何与法律专家和从业者合作,以造福21世纪的野生动物保护的思考:通过跨学科研究,道德信息和积极应用。
{"title":"Brushes with the Law: A Conservation Scientist’s Perspective on Legal Solutions and Impediments from Scottish Wildcats to African Lions*","authors":"D. Macdonald","doi":"10.1080/13880292.2019.1616379","DOIUrl":"https://doi.org/10.1080/13880292.2019.1616379","url":null,"abstract":"Abstract I suggest here that the requirements for conservation evidence within regulation are cyclical in nature, and I describe the key stages in this cycle of conservation regulation. In particular, I focus on: (1) the type of evidence required (illustrated by the case of water voles disrupted by riverside development), (2) the clarity of evidence in terms of its implications for policy (illustrated by the harrowing case of the endangered Scottish wildcat hybridising with the pestilential feral domestic cat), (3) the actual impact such evidence has in practice (illustrated by the legal confusions arising from the changing taxonomy of protected species), and (4) the role of evidence in assessing regulatory efficacy (which returns us to point 1 in the cycle) (illustrated by evidence of the (in)humaneness of, for example, rodent traps, various instances of wildlife trade, and the efficacy of international conventions). The article concludes with a series of reflections on how conservation researchers might engage with legal experts and practitioners for the benefit of wildlife conservation in the twenty-first century: through transdisciplinary research, ethically informed and actively applied.","PeriodicalId":52446,"journal":{"name":"Journal of International Wildlife Law and Policy","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2019-01-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"85178151","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}
引用次数: 6
“Command and Control”: 75 Years of Quasi Wildlife Policy Analysis of Ethiopia “命令与控制”:埃塞俄比亚准野生动物政策分析75年
Q2 Social Sciences Pub Date : 2019-01-02 DOI: 10.1080/13880292.2019.1611217
H. Debella
Abstract Ethiopia’s wildlife history is at loggerheads with the theory of “environmental colonialism.” Ethiopia sets a center stage for the debate of what could have been the fate of African wildlife if Africa had not been colonized. In the 1960s, Ethiopia had a huge wildlife diversity. As of present, its wildlife is severely deteriorated, while that of the colonized countries are in much better condition. The disparity of conservation between the colonized countries and independent Ethiopia prompted this study. In the past 77 years, several wild species in Ethiopia have gone extinct, while some moved to threatened categories and their habitat vanished or deteriorated. Overall, Ethiopia currently hosts six critically endangered, 23 endangered, and 70 vulnerable species of wild animals. The numbers do not include plants, fungi, microorganisms, or invertebrates. This shows a clear pathology of the command and control policy of the wildlife conservation system of Ethiopia. The objectives of this article were to analyze previous legal documents published since 1944, up to the recent wildlife proclamation; to bring out strengths and weaknesses of these policies; and to propose possible alternative adaptive management strategies based on other similar studies. Policy instruments since 1944 were collected. This include the Imperial regime (1941–1974), the Military Government of Socialist Ethiopia (Derg) Regime (1974–1991), and the Federal Democratic Republic of Ethiopia (1991–2018). Documents were collected from two sources: the Internet and government printing press. Policy analysis involved a documentary analysis method on how Ethiopian governments’ policies addressed wildlife conservation of Ethiopia since 1944. To achieve the overall research objective, questions were formulated and guided the research direction. The analysis showed that there are good aspects of colonial wildlife conservation policies to learn from. Independence was not a guarantee for wildlife conservation. Existing national parks of East Africa including Ethiopia are the result of UNESCO missions to Africa.
埃塞俄比亚的野生动物历史与“环境殖民主义”理论存在矛盾。埃塞俄比亚成为了一场辩论的中心舞台:如果非洲没有被殖民,非洲野生动物的命运将会怎样?20世纪60年代,埃塞俄比亚的野生动物种类繁多。到目前为止,它的野生动物状况严重恶化,而殖民地国家的情况要好得多。被殖民国家和独立的埃塞俄比亚之间的保护差异促使了这项研究。在过去的77年里,埃塞俄比亚的一些野生物种已经灭绝,而一些物种则变成了濒危物种,它们的栖息地也消失了或恶化了。总的来说,埃塞俄比亚目前有6种极度濒危、23种濒危和70种易危野生动物。这些数字不包括植物、真菌、微生物或无脊椎动物。这显示了埃塞俄比亚野生动物保护系统的指挥和控制政策的明显病态。本文的目的是分析自1944年以来发布的法律文件,直到最近的野生动物宣言;提出这些政策的优点和缺点;并在其他类似研究的基础上提出可能的适应性管理策略。收集了1944年以来的政策工具。这包括帝国政权(1941-1974)、埃塞俄比亚社会主义军政府(1974-1991)和埃塞俄比亚联邦民主共和国(1991-2018)。文件从两个来源收集:互联网和政府印刷厂。政策分析采用文献分析方法,分析了自1944年以来埃塞俄比亚政府的野生动物保护政策。为实现总体研究目标,制定问题并指导研究方向。分析表明,殖民地野生动物保护政策有好的方面值得借鉴。独立并不是野生动物保护的保证。包括埃塞俄比亚在内的东非现有的国家公园是教科文组织非洲代表团的成果。
{"title":"“Command and Control”: 75 Years of Quasi Wildlife Policy Analysis of Ethiopia","authors":"H. Debella","doi":"10.1080/13880292.2019.1611217","DOIUrl":"https://doi.org/10.1080/13880292.2019.1611217","url":null,"abstract":"Abstract Ethiopia’s wildlife history is at loggerheads with the theory of “environmental colonialism.” Ethiopia sets a center stage for the debate of what could have been the fate of African wildlife if Africa had not been colonized. In the 1960s, Ethiopia had a huge wildlife diversity. As of present, its wildlife is severely deteriorated, while that of the colonized countries are in much better condition. The disparity of conservation between the colonized countries and independent Ethiopia prompted this study. In the past 77 years, several wild species in Ethiopia have gone extinct, while some moved to threatened categories and their habitat vanished or deteriorated. Overall, Ethiopia currently hosts six critically endangered, 23 endangered, and 70 vulnerable species of wild animals. The numbers do not include plants, fungi, microorganisms, or invertebrates. This shows a clear pathology of the command and control policy of the wildlife conservation system of Ethiopia. The objectives of this article were to analyze previous legal documents published since 1944, up to the recent wildlife proclamation; to bring out strengths and weaknesses of these policies; and to propose possible alternative adaptive management strategies based on other similar studies. Policy instruments since 1944 were collected. This include the Imperial regime (1941–1974), the Military Government of Socialist Ethiopia (Derg) Regime (1974–1991), and the Federal Democratic Republic of Ethiopia (1991–2018). Documents were collected from two sources: the Internet and government printing press. Policy analysis involved a documentary analysis method on how Ethiopian governments’ policies addressed wildlife conservation of Ethiopia since 1944. To achieve the overall research objective, questions were formulated and guided the research direction. The analysis showed that there are good aspects of colonial wildlife conservation policies to learn from. Independence was not a guarantee for wildlife conservation. Existing national parks of East Africa including Ethiopia are the result of UNESCO missions to Africa.","PeriodicalId":52446,"journal":{"name":"Journal of International Wildlife Law and Policy","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2019-01-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"87335129","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}
引用次数: 4
Protected Areas Managers, Local Authorities, and Transboundary Conservation: The French Experience 保护区管理者、地方当局和跨界保护:法国的经验
Q2 Social Sciences Pub Date : 2019-01-02 DOI: 10.1080/13880292.2019.1602952
S. Jolivet
This article deals with the French experience in transboundary nature conservation and is based on some of the main outcomes of a book the author published in 2016. Transboundary conservation is one of the main challenges of contemporary international wildlife law, because, although wildlife knows no boundaries, public law is focused on boundaries. France is not necessarily an example to be followed in this respect, but its experience may be instructive on how transboundary conservation could develop (or not) in a country with the following attributes: a Western European country; a member state of the European Union; a unitary state; and a country (as far as metropolitan France is concerned) with eight terrestrial boundaries (with Andorra, Belgium, Germany, Italy, Luxembourg, Monaco, Spain, and Switzerland). In South America, the French department of Guyana also shares two terrestrial boundaries with Brazil and Suriname. As a consequence, about ten French protected areas are already adjacent to a foreign protected area across the border. The article will try to answer several questions: Why should (or must) France carry out transboundary conservation? Why should (if not must) France allow protected areas managers and local authorities to cooperate beyond boundaries? How to overcome barriers to transboundary cooperation between protected areas managers and/or local authorities? What are the new challenges to be faced by transboundary conservation at an infrastate level?
本文涉及法国在跨境自然保护方面的经验,并基于作者2016年出版的一本书的一些主要成果。跨界保护是当代国际野生动物法面临的主要挑战之一,因为尽管野生动物没有边界,但公法关注的是边界。在这方面,法国不一定是一个值得效仿的例子,但它的经验可能对一个具有以下特征的国家如何发展(或不发展)跨界保护具有指导意义:一个西欧国家;欧盟成员国;统一的国家;一个有八个陆地边界的国家(就法国而言)(与安道尔、比利时、德国、意大利、卢森堡、摩纳哥、西班牙和瑞士接壤)。在南美洲,法国的圭亚那省也与巴西和苏里南共享两条陆地边界。结果,大约有10个法国保护区已经与边境另一侧的外国保护区相邻。这篇文章将试图回答几个问题:为什么法国应该(或必须)进行跨界保护?为什么法国应该(如果不是必须的话)允许保护区管理者和地方当局进行跨界合作?如何克服保护区管理者和/或地方当局之间跨界合作的障碍?在基础设施层面进行跨界保护会面临哪些新挑战?
{"title":"Protected Areas Managers, Local Authorities, and Transboundary Conservation: The French Experience","authors":"S. Jolivet","doi":"10.1080/13880292.2019.1602952","DOIUrl":"https://doi.org/10.1080/13880292.2019.1602952","url":null,"abstract":"This article deals with the French experience in transboundary nature conservation and is based on some of the main outcomes of a book the author published in 2016. Transboundary conservation is one of the main challenges of contemporary international wildlife law, because, although wildlife knows no boundaries, public law is focused on boundaries. France is not necessarily an example to be followed in this respect, but its experience may be instructive on how transboundary conservation could develop (or not) in a country with the following attributes: a Western European country; a member state of the European Union; a unitary state; and a country (as far as metropolitan France is concerned) with eight terrestrial boundaries (with Andorra, Belgium, Germany, Italy, Luxembourg, Monaco, Spain, and Switzerland). In South America, the French department of Guyana also shares two terrestrial boundaries with Brazil and Suriname. As a consequence, about ten French protected areas are already adjacent to a foreign protected area across the border. The article will try to answer several questions: Why should (or must) France carry out transboundary conservation? Why should (if not must) France allow protected areas managers and local authorities to cooperate beyond boundaries? How to overcome barriers to transboundary cooperation between protected areas managers and/or local authorities? What are the new challenges to be faced by transboundary conservation at an infrastate level?","PeriodicalId":52446,"journal":{"name":"Journal of International Wildlife Law and Policy","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2019-01-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"83419372","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}
引用次数: 0
Wildlife on Private Land 私人土地上的野生动物
Q2 Social Sciences Pub Date : 2019-01-01 DOI: 10.5822/978-1-61091-915-9_4
Eric T. Freyfogle, D. Goble, Todd A. Wildermuth
With more than 60 percent of the United States in private hands, a great deal of the nation’s wildlife lives on privately owned land. A major challenge of wildlife law has been to prescribe the legal relationship between the private owner of land and publicly owned wildlife. We have already seen some of the legal principles that apply to private land. Other pieces, though, are required to complete the legal picture. What rights do landowners themselves have in such wildlife? What legal protections do landowners enjoy when engaged in wildlife-related activities? What can they do when wildlife causes harm? Finally, what legal issues arise when landowners allow outsiders to hunt on their lands? These issues are taken up here, leaving to chapter 8 a consideration of issues that arise most vividly in the context of private game reserves and captive breeding operations.
由于美国60%以上的土地为私人所有,美国的许多野生动物都生活在私人拥有的土地上。野生动物法的一个主要挑战是规定私人土地所有者和公共野生动物之间的法律关系。我们已经看到了一些适用于私有土地的法律原则。不过,还需要其他部分来完成法律图景。土地所有者对这些野生动物有什么权利?土地所有者在从事与野生动物有关的活动时享有哪些法律保护?当野生动物造成伤害时,他们能做些什么?最后,当土地所有者允许外人在他们的土地上狩猎时,会出现什么法律问题?这些问题在这里讨论,留给第8章考虑在私人狩猎保护区和圈养繁殖操作的背景下最生动地出现的问题。
{"title":"Wildlife on Private Land","authors":"Eric T. Freyfogle, D. Goble, Todd A. Wildermuth","doi":"10.5822/978-1-61091-915-9_4","DOIUrl":"https://doi.org/10.5822/978-1-61091-915-9_4","url":null,"abstract":"With more than 60 percent of the United States in private hands, a great deal of the nation’s wildlife lives on privately owned land. A major challenge of wildlife law has been to prescribe the legal relationship between the private owner of land and publicly owned wildlife. We have already seen some of the legal principles that apply to private land. Other pieces, though, are required to complete the legal picture. What rights do landowners themselves have in such wildlife? What legal protections do landowners enjoy when engaged in wildlife-related activities? What can they do when wildlife causes harm? Finally, what legal issues arise when landowners allow outsiders to hunt on their lands? These issues are taken up here, leaving to chapter 8 a consideration of issues that arise most vividly in the context of private game reserves and captive breeding operations.","PeriodicalId":52446,"journal":{"name":"Journal of International Wildlife Law and Policy","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2019-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"88158740","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}
引用次数: 0
State Ownership and the Public Interest 国家所有权与公共利益
Q2 Social Sciences Pub Date : 2019-01-01 DOI: 10.5822/978-1-61091-915-9_2
Eric T. Freyfogle, D. Goble, Todd A. Wildermuth
{"title":"State Ownership and the Public Interest","authors":"Eric T. Freyfogle, D. Goble, Todd A. Wildermuth","doi":"10.5822/978-1-61091-915-9_2","DOIUrl":"https://doi.org/10.5822/978-1-61091-915-9_2","url":null,"abstract":"","PeriodicalId":52446,"journal":{"name":"Journal of International Wildlife Law and Policy","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2019-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"78757060","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}
引用次数: 0
Capturing and Owning 捕获与占有
Q2 Social Sciences Pub Date : 2019-01-01 DOI: 10.5822/978-1-61091-915-9_3
Eric T. Freyfogle, D. Goble, Todd A. Wildermuth
{"title":"Capturing and Owning","authors":"Eric T. Freyfogle, D. Goble, Todd A. Wildermuth","doi":"10.5822/978-1-61091-915-9_3","DOIUrl":"https://doi.org/10.5822/978-1-61091-915-9_3","url":null,"abstract":"","PeriodicalId":52446,"journal":{"name":"Journal of International Wildlife Law and Policy","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2019-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"85791853","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}
引用次数: 0
期刊
Journal of International Wildlife Law and Policy
全部 Acc. Chem. Res. ACS Applied Bio Materials ACS Appl. Electron. Mater. ACS Appl. Energy Mater. ACS Appl. Mater. Interfaces ACS Appl. Nano Mater. ACS Appl. Polym. Mater. ACS BIOMATER-SCI ENG ACS Catal. ACS Cent. Sci. ACS Chem. Biol. ACS Chemical Health & Safety ACS Chem. Neurosci. ACS Comb. Sci. ACS Earth Space Chem. ACS Energy Lett. ACS Infect. Dis. ACS Macro Lett. ACS Mater. Lett. ACS Med. Chem. Lett. ACS Nano ACS Omega ACS Photonics ACS Sens. ACS Sustainable Chem. Eng. ACS Synth. Biol. Anal. Chem. BIOCHEMISTRY-US Bioconjugate Chem. BIOMACROMOLECULES Chem. Res. Toxicol. Chem. Rev. Chem. Mater. CRYST GROWTH DES ENERG FUEL Environ. Sci. Technol. Environ. Sci. Technol. Lett. Eur. J. Inorg. Chem. IND ENG CHEM RES Inorg. Chem. J. Agric. Food. Chem. J. Chem. Eng. Data J. Chem. Educ. J. Chem. Inf. Model. J. Chem. Theory Comput. J. Med. Chem. J. Nat. Prod. J PROTEOME RES J. Am. Chem. Soc. LANGMUIR MACROMOLECULES Mol. Pharmaceutics Nano Lett. Org. Lett. ORG PROCESS RES DEV ORGANOMETALLICS J. Org. Chem. J. Phys. Chem. J. Phys. Chem. A J. Phys. Chem. B J. Phys. Chem. C J. Phys. Chem. Lett. Analyst Anal. Methods Biomater. Sci. Catal. Sci. Technol. Chem. Commun. Chem. Soc. Rev. CHEM EDUC RES PRACT CRYSTENGCOMM Dalton Trans. Energy Environ. Sci. ENVIRON SCI-NANO ENVIRON SCI-PROC IMP ENVIRON SCI-WAT RES Faraday Discuss. Food Funct. Green Chem. Inorg. Chem. Front. Integr. Biol. J. Anal. At. Spectrom. J. Mater. Chem. A J. Mater. Chem. B J. Mater. Chem. C Lab Chip Mater. Chem. Front. Mater. Horiz. MEDCHEMCOMM Metallomics Mol. Biosyst. Mol. Syst. Des. Eng. Nanoscale Nanoscale Horiz. Nat. Prod. Rep. New J. Chem. Org. Biomol. Chem. Org. Chem. Front. PHOTOCH PHOTOBIO SCI PCCP Polym. Chem.
×
引用
GB/T 7714-2015
复制
MLA
复制
APA
复制
导出至
BibTeX EndNote RefMan NoteFirst NoteExpress
×
0
微信
客服QQ
Book学术公众号 扫码关注我们
反馈
×
意见反馈
请填写您的意见或建议
请填写您的手机或邮箱
×
提示
您的信息不完整,为了账户安全,请先补充。
现在去补充
×
提示
您因"违规操作"
具体请查看互助需知
我知道了
×
提示
现在去查看 取消
×
提示
确定
Book学术官方微信
Book学术文献互助
Book学术文献互助群
群 号:481959085
Book学术
文献互助 智能选刊 最新文献 互助须知 联系我们:info@booksci.cn
Book学术提供免费学术资源搜索服务,方便国内外学者检索中英文文献。致力于提供最便捷和优质的服务体验。
Copyright © 2023 Book学术 All rights reserved.
ghs 京公网安备 11010802042870号 京ICP备2023020795号-1