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Research Handbook on Climate Change and Biodiversity Law
Presenting cutting-edge observations, this Research Handbook tackles the intersecting crises of biodiversity loss and climate change from a legal perspective. Experts critically analyse international laws and institutions protecting biodiversity, highlighting key areas of development, conflict and opportunity.
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Critical Acclaim
Contents
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This Research Handbook tackles the intersecting crises of biodiversity loss and climate change from a legal perspective, delivering cutting edge insights into the evolution of these laws, and their shortfalls and opportunities. Experts critically analyse international and regional laws and institutions that were designed to protect biodiversity. They highlight the ways in which legal frameworks are being challenged by climate change and historical biodiversity loss, and the potential for these laws to transition or be transformed in anticipation of ongoing change.
The contributing authors examine what biodiversity laws need to achieve as the climate continues to change, and outline innovations within conservation, climate mitigation and adaptation research and practice. They focus on emerging legal gaps, and explore civil litigation rules and industry arrangements such as international fishing regulations and invasive species management. They examine core international and transboundary environmental law regimes, as well as multilateral environment agreements, and review how domestic legal instruments contribute to implementing international rules and targets. The chapters in this Research Handbook cover a broad range of sectors, disciplines and jurisdictions, including NGO, government and industry-led approaches, providing insights into the potential of legal strategies to address threats posed by climate-driven biodiversity loss.
The Research Handbook on Climate Change and Biodiversity Law is invaluable to students and academics in climate change and environmental law, conveying a clear understanding of how multiple legal regimes interact and instigate legal, political and governance reform. Policymakers, lawmakers and litigators seeking to enforce international and domestic laws will also find it a key resource.
The contributing authors examine what biodiversity laws need to achieve as the climate continues to change, and outline innovations within conservation, climate mitigation and adaptation research and practice. They focus on emerging legal gaps, and explore civil litigation rules and industry arrangements such as international fishing regulations and invasive species management. They examine core international and transboundary environmental law regimes, as well as multilateral environment agreements, and review how domestic legal instruments contribute to implementing international rules and targets. The chapters in this Research Handbook cover a broad range of sectors, disciplines and jurisdictions, including NGO, government and industry-led approaches, providing insights into the potential of legal strategies to address threats posed by climate-driven biodiversity loss.
The Research Handbook on Climate Change and Biodiversity Law is invaluable to students and academics in climate change and environmental law, conveying a clear understanding of how multiple legal regimes interact and instigate legal, political and governance reform. Policymakers, lawmakers and litigators seeking to enforce international and domestic laws will also find it a key resource.
Critical Acclaim
‘The book the world needs – right now! IPBES and the IPCC jointly declared climate change to be the likely number 1 driver of biodiversity loss by the end of the 21st century. With expert contributions across legal regimes and biomes, this volume addresses a critical gap in knowledge.’
– Michelle Lim, Singapore Management University, Singapore
‘Climate change and biodiversity loss are the twinned threats to sustainable futures for human and non-human communities. Yet nearly all laws addressing these problems treat them as unrelated. This volume shows the essential links between these problems, and proposes visionary, synergistic reforms for a livable, bountiful planetary future. Indispensable.’
– David Takacs, UC Law San Francisco, USA
– Michelle Lim, Singapore Management University, Singapore
‘Climate change and biodiversity loss are the twinned threats to sustainable futures for human and non-human communities. Yet nearly all laws addressing these problems treat them as unrelated. This volume shows the essential links between these problems, and proposes visionary, synergistic reforms for a livable, bountiful planetary future. Indispensable.’
– David Takacs, UC Law San Francisco, USA
Contents
Contents
Preface xii
List of abbreviations xiv
PART I STRESS-TESTING LEGAL REGIMES FOR INTERSECTING CRISES
1 Climate change and biodiversity law: Quo Vadis? 2
Richard Caddell, Phillipa C McCormack
2 The convention on biological diversity and climate change 25
Christian Prip
3 Climate change and the international regulation of migratory species 47
Richard Caddell
4 Pushing the limits of environmental law: climate change and
transboundary conservation 72
Elaine (Lan Yin) Hsiao
5 Marine protected areas: dynamism and adaptability to climate change 92
Sarah Ryan Enright
6 Climate change and the limits of international fisheries law 114
Mitchell Lennan
7 Climate mitigation, adaptation, and the UN convention on the law of the sea 139
Hayley Roberts
8 Responding to ocean acidification by strengthening marine ecosystem
health and resilience 162
Reuben Makomere
9 The world heritage convention and climate change: a broad remit and
a call to act in defence of the convention 184
Erica Lyman, Noni Austin and Martin Wagner
PART II RESPONDING TO CLIMATE-INDUCED CHALLENGES
AND DEVELOPMENTS
10 Managing species arriving, leaving and returning 204
Arie Trouwborst
11 Arctic governance, climate change and biodiversity 222
Stefan Kirchner
12 Extraterritorial jurisdiction, biodiversity loss and climate change 241
Natalie Dobson
13 Managing Biodiversity Stressors to Enhance Climate Resilience 263
Sophie Riley
14 A brief overview of strategies used to prevent or reduce human-wildlife
conflict – a foundation for adaption to climate change 289
Andrew Blackmore, Phillipa C McCormack and Simon Pooley
PART III NEW TOOLS AND EMERGING THINKING ABOUT
CLIMATE CHANGE AND BIODIVERSITY LOSS
15 Changing genes for a changing climate: Genetic intervention as a tool
for biodiversity conservation in the era of climate change 315
John A. (Alexander) Erwin
16 Mind the gap: biodiversity and climate change 337
Briony Eales and Phillipa C McCormack
17 Protecting biodiversity with the right to a healthy environment: lessons
from climate change litigation 372
Samvel Varvastian
18 Multispecies lawscapes in the anthropocene: priorities for a critical,
constitutional turn in climate change and biodiversity law 392
Iyan Offor and Antonio Cardesa-Salzmann
19 The final words: care, responsibility, action…and hope? 415
Phillipa C McCormack and Felicity S McCormack
Preface xii
List of abbreviations xiv
PART I STRESS-TESTING LEGAL REGIMES FOR INTERSECTING CRISES
1 Climate change and biodiversity law: Quo Vadis? 2
Richard Caddell, Phillipa C McCormack
2 The convention on biological diversity and climate change 25
Christian Prip
3 Climate change and the international regulation of migratory species 47
Richard Caddell
4 Pushing the limits of environmental law: climate change and
transboundary conservation 72
Elaine (Lan Yin) Hsiao
5 Marine protected areas: dynamism and adaptability to climate change 92
Sarah Ryan Enright
6 Climate change and the limits of international fisheries law 114
Mitchell Lennan
7 Climate mitigation, adaptation, and the UN convention on the law of the sea 139
Hayley Roberts
8 Responding to ocean acidification by strengthening marine ecosystem
health and resilience 162
Reuben Makomere
9 The world heritage convention and climate change: a broad remit and
a call to act in defence of the convention 184
Erica Lyman, Noni Austin and Martin Wagner
PART II RESPONDING TO CLIMATE-INDUCED CHALLENGES
AND DEVELOPMENTS
10 Managing species arriving, leaving and returning 204
Arie Trouwborst
11 Arctic governance, climate change and biodiversity 222
Stefan Kirchner
12 Extraterritorial jurisdiction, biodiversity loss and climate change 241
Natalie Dobson
13 Managing Biodiversity Stressors to Enhance Climate Resilience 263
Sophie Riley
14 A brief overview of strategies used to prevent or reduce human-wildlife
conflict – a foundation for adaption to climate change 289
Andrew Blackmore, Phillipa C McCormack and Simon Pooley
PART III NEW TOOLS AND EMERGING THINKING ABOUT
CLIMATE CHANGE AND BIODIVERSITY LOSS
15 Changing genes for a changing climate: Genetic intervention as a tool
for biodiversity conservation in the era of climate change 315
John A. (Alexander) Erwin
16 Mind the gap: biodiversity and climate change 337
Briony Eales and Phillipa C McCormack
17 Protecting biodiversity with the right to a healthy environment: lessons
from climate change litigation 372
Samvel Varvastian
18 Multispecies lawscapes in the anthropocene: priorities for a critical,
constitutional turn in climate change and biodiversity law 392
Iyan Offor and Antonio Cardesa-Salzmann
19 The final words: care, responsibility, action…and hope? 415
Phillipa C McCormack and Felicity S McCormack
