Protecting the Third Pole
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Protecting the Third Pole

Transplanting International Law

Simon Marsden

This highly topical book considers the important question of how best to protect the environment of the Third Pole โ€“ the area comprising the Hindu Kush Himalayas and Tibetan Plateau โ€“ using the tool of international law. Following detailed analysis of the weaknesses in the current legal protections according to comparative legal theory, Simon Marsden recommends three potential options for implementation by policy and lawmakers.
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Chapter 7: Protection of transfrontier mountains

Simon Marsden


Chapter 7 evaluates the Alpine and Carpathian Conventions and associated Protocols, notably for conservation and sustainable use of biodiversity, soil conservation, mountain forests, sustainable tourism and energy. A detailed review of both Conventions and their respective Protocols is provided, with the question asked whether the respective regimes may be potential comprehensive precedents for the Third Pole. Based on the findings of the general review of the potential for legal transplants in Chapter 2, and suggested specific international legal transplants in Chapters 3-7, the general conclusions of the book follow, with three recommended options outlined responding to the research question in Chapter 1.

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