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.
Table of Contents
Contributors. Preface. Foreword by Klaus Bosselmann. Introduction I Biodiversity Conservation: Issues and Challenges 1. Sustainable Wetlands and Biodiversity Conservation: Nigeria’s Lagos Lagoons in Focus 2. Marine Spatial Planning as a Key Instrument for the Sustainable Use of Marine Resources: The Case of Mauritius II Biodiversity Governance and Diplomacy 3. Biodiversity Conservation and Management in India, Brazil and South Africa: Law, Policy and Diplomacy in Contemporary Age 4. Biodiversity Conservation and Management: The Ugandan Experience III Convention on Biological Diversity, ABS and TRIPS 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 IV Genetic Engineering: Problems and Prospects 7. Genetically Modified Crops: Neither Poison nor Panacea V Judicial Responses 8. PIL-An Effective Tool for Biodiversity Conservation: An Indian Experience 9. Assessing India’s Green Tribunal for Conservation of Biodiversity 10. Role of Judiciary in Bio Diversity Enforcement and Compliance: Comparison between International Court of Justice and Indian Judiciary VI The Way Forward 11. Feminist Dimension of Biodiversity Challenges 12. The Possibility of Urgenda in India 13. The Possibility of Global Environmental Organization. Table of Cases. Index
Usha Tandon is Professor and Head at Campus Law Centre, University of Delhi, India.
Mohan Parasaran is a senior advocate at the Supreme Court of India and was previously the Solicitor General of India and Additional Solicitor General of India.
Sidharth Luthra is a senior advocate at the Supreme Court of India and was earlier the Additional Solicitor General of India.
‘This book Biodiversity: Law, Policy and Governance which is a complication of articles and papers fittingly discusses, critiques, analyses as well as examines the widening gap in biodiversity governance. It deliberates on the problem, discerns the various forms of innovative governance adopted and provides an in-depth analysis of the judicial discourses as well as the management system. It scrutinizes the main issue that plague a country that hopes to implement a method for securing a positive upshot by discussing the widening gap between the theoretical aspirations and the practical execution, where the obligations undertaken seldom transform from mere ink and paper.’
Justice A. K. Sikri, Judge, Supreme Court of India, New Delhi, India