This chapter conducts a comparative analysis of national park legislation, focusing on insights from the US National Park System to inform the development of China's emerging national park framework. Against the backdrop of a global conservation movement, the US system serves as a valuable model for China, which initiated its own national park system in 2017. On October 12, 2021, China has formally established its inaugural set of national parks, comprising the Three-River-Source National Park, the Giant Panda National Park, the Northeast China Tiger and Leopard National Park, the Hainan Tropical Forests National Park, and the Wuyishan National Park. Encompassing approximately 230,000 square kilometres, these five national parks safeguard nearly 30% of China's crucial terrestrial wildlife species. As China endeavours to enact comprehensive legislation for its national parks, this research aims to contribute to the ongoing efforts by addressing key questions such as the efficacy of the US's "One National Park, One Law" model, the governance dynamics between federal, state, and local entities, and strategies for balancing conservation with diverse land uses. The analysis spans five sections, exploring the historical evolution of the US National Park System, its legal framework, challenges faced by US national parks, and policy recommendations for China. The US experience highlights the importance of establishing clear legal authorities, fostering robust public participation mechanisms, and harmonizing relationships with Indigenous communities. The findings presented in this study aspire to facilitate a nuanced understanding of national park legislation, promoting international collaboration between the US and China for the sustainable management of natural lands and the protection of global biodiversity.
National Park System; Protected Areas; Indigenous People; Stewardship
James Brien and Yanmei Lin, ‘The United States National Park System: Overview, Challenges and Policy Recommendations for China’ in Hasrat Arjjumend (ed.), New Vistas in Natural Resources Law (TGI Books/ The Grassroots Institute, Montreal/Vancouver, Canada, 2024), pp. 305-379, ISBN: 978-1-7778455-3-7. Doi: https://doi.org/10.33002/enrlaw-09/c7
Open Access. Copyright © 2024 the author(s), published by TGI Books/ The Grassroots Institute. This work is licensed under the Creative Commons Attribution- Non Commercial - No Derivatives 4.0 International License. This work was first published as an article in the JELP journal of the same publisher with Doi: https://doi.org/10.33002/jelp030304. This Chapter is the revised 2nd version.
Edited by Dr. Hasrat Arjjumend
Open Access
The book "New Vistas in Natural Resources Law" is a pioneering exploration into the dynamic and multifaceted realm of environmental governance, cantered around crucial keywords such as Environmental Law, Natural Resources Management, Forest Laws, Biodiversity Laws, Indigenous Peoples, Conservation Policies, Rangeland Policies, Environmental Policy, Agrarian & Land Laws, and Mining Related Laws. Authored by experts at the intersection of law and environmental science, this comprehensive volume offers a panoramic view of the evolving legal landscape governing our planet's vital natural resources.
The book commences with an in-depth analysis of Forest Laws, establishing the foundational principles that guide the intricate relationship between human activity and the environment. It scrutinizes international conventions, regional agreements, and domestic legal frameworks, illustrating how these instruments shape the sustainable management of natural resources on a global scale. A focal point of the narrative is Natural Resources Management, exploring the complexities of balancing resource utilization with the imperative of conservation. The book investigates innovative strategies for managing diverse ecosystems, ranging from forests to rangelands, and delves into the legal frameworks that underpin sustainable practices. Forest Laws and Biodiversity Laws are dissected in separate chapters, providing a detailed examination of legal instruments designed to protect and preserve these critical components of our natural heritage. The book assesses the effectiveness of legislation in addressing deforestation, biodiversity loss, and the protection of endangered species.
The rights and contributions of Indigenous Peoples take centre stage as the book explores how legal frameworks intersect with traditional knowledge and land use practices. It critically examines the evolving legal landscape that recognizes and safeguards the rights of indigenous communities in the context of natural resources management. Conservation Policies and Rangeland Policies are explored as integral components of environmental governance, shedding light on the legal strategies employed to balance the needs of agriculture, conservation, and sustainable land use. Environmental Policy emerges as a cross-cutting theme, with the book examining the development, implementation, and impact of policies aimed at addressing pressing environmental challenges. It evaluates the role of legal frameworks in shaping policy decisions and fostering effective environmental management.
Agrarian & Land Laws are scrutinized for their role in shaping land use practices and mitigating conflicts arising from competing interests. The book investigates how legal instruments can balance the needs of agriculture, urban development, and conservation.
The legal dimensions of mining-related activities take centre stage, addressing the challenges and opportunities presented by extractive industries. The book explores the role of law in regulating mining practices, mitigating environmental impacts, and ensuring responsible resource extraction.
"New Vistas in Natural Resources Law" is a timely and authoritative work that not only captures the current state of natural resources law but also anticipates emerging challenges and opportunities. With its interdisciplinary approach, this book serves as an indispensable resource for legal scholars, policymakers, environmental scientists, and anyone seeking a comprehensive understanding of the intricate interplay between law and the sustainable management of our planet's natural resources.
Arjjumend, H. (ed.) (2024). New Vistas in Natural Resources Law. Montreal/Vancouver, Canada: The Grassroots Institute, ISBN: 978-1-7778455-3-7. Doi: https://doi.org/10.33002/enrlaw-09
