New Approaches to Conservation Law
New Horizons in Environmental and Energy Law series
Globally we are failing to halt the loss of biodiversity while at the same time coming to realise the many ways in which the natural world provides us with a range of very valuable ecosystem services. Traditional laws of property have given little recognition to nature and we have largely resorted to ‘command and control’ techniques when trying to regulate our impact on biodiversity (e.g. designating protected sites and species). Across environmental regulation, however, there is growing interest in and use of other, market-based techniques, such as trading and offset schemes, as a means of addressing environmental problems. Such an approach might be applied in relation to biodiversity as well. There are, however, challenges in doing so and some critics would argue that this would amount to an unacceptable commodification of nature. The remaining chapters of this book examine pervasive issues affecting the use of a market-based approach for biodiversity conservation, explore the key legal mechanisms that might be employed, consider the challenges in designing effective and efficient schemes and reflect on some of the ethical debates on their use.