从跨境拉姆萨尔湿地除名以对抗高致病性禽流感爆发的合法性及补偿地点的适当标准

Y. Samant, Avani Gupta
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引用次数: 0

摘要

《拉姆萨尔公约》保护湿地的宗旨得到了所有签约国的广泛认可和支持,几乎所有签约国都将一些湿地列入了《拉姆萨尔公约》国家和国际重要湿地名单。但是,《公约》还设想,在某些情况下,可能由于诸如紧急国家利益等原因需要将列入名单的地点除名。《公约》采用了一种独特的机制,如果一个国家要从拉姆萨尔湿地除名,它必须提供一个补偿性湿地。理论上,这是一种有效的机制。但在实践中,从来没有一个国家将一个场址除名。虽然高致病性禽流感(HPAI)爆发等情况并非不可想象,但在这种情况下,各国没有明确的除名准则。对在高致病性禽流感暴发期间将跨界地点除名的合法性提出了相关关切。因此,各国需要法律上合理的解决办法。此外,关于一个国家在除名时必须提供的补偿性湿地,准则没有明确规定一个国家必须考虑哪些因素。鉴于这个问题,需要明确程序,以协助这些国家除名和提供补偿性湿地。
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Legality of Delisting a Transboundary Ramsar Site to Combat HPAI Outbreak and the Adequacy Standards of Compensatory Sites
Abstract The Ramsar Convention’s purpose of protecting wetlands has been widely appreciated and received support from all the ratifying States, as nearly all the parties have placed a number of wetlands on the Ramsar list of wetlands of national and international importance. However, the Convention also envisions that, in certain scenarios, there might be a need for delisting of a site placed on the list due to reasons such as urgent national interests. The Convention employs a unique mechanism where if a State is to delist a Ramsar site, it is bound to provide a compensatory wetland. Theoretically, it comes across as an effective mechanism. But in practice, no State has ever delisted a site. Although situations such as Highly Pathogenic Avian Influenza (HPAI) outbreaks are not inconceivable, there are no express guidelines for States to delist in such situations. Pertinent concerns are raised as to the legality of delisting a transboundary site during HPAI outbreaks. Therefore, States require a legally sound solution. Moreover, in terms of the compensatory wetland that a state is bound to provide upon delisting, the guidelines are unclear as to what the factors are that a State must take into account. In light of this question, clarity over the procedure is required to assist such States in delisting and providing a compensatory wetland.
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来源期刊
CiteScore
0.90
自引率
0.00%
发文量
14
期刊介绍: Drawing upon the findings from island biogeography studies, Norman Myers estimates that we are losing between 50-200 species per day, a rate 120,000 times greater than the background rate during prehistoric times. Worse still, the rate is accelerating rapidly. By the year 2000, we may have lost over one million species, counting back from three centuries ago when this trend began. By the middle of the next century, as many as one half of all species may face extinction. Moreover, our rapid destruction of critical ecosystems, such as tropical coral reefs, wetlands, estuaries, and rainforests may seriously impair species" regeneration, a process that has taken several million years after mass extinctions in the past.
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