TGI Open Access Books Series

New Vistas in Natural Resources Law
Brief Details
  • Language: English
  • Publisher: The Grassroots Institute
  • Copyright: Contributors & Hasrat Arjjumend
  • License: Creative Commons Attribution 4.0 http://creativecommons.org/licenses/by/4.0/
  • Audience: Legal Scientists, Law Practitioners, Lawyers, Social Scientists, Policy Analysts, Natural Resource Managers, etc.
  • Keywords: Environmental Law; Natural Resources Management; Forest Laws; Biodiversity Laws; Indigenous Peoples; Conservation Policies; Rangeland Policies; Environmental Policy; Agrarian & Land Laws; Mining Related Laws
  • Funding: No funding
  • eBook:

New Vistas in Natural Resources Law

Foreword by: Prof. Dr. Shaista Shameem

Edited by: Hasrat Arjjumend

Foreword Overview Chapters

Foreword

Professor Dr. Shaista Shameem

Professor Dr. Shaista Shameem
Vice Chancellor, University of Fiji,
& Dean of the JDP School of Law, UniFiji
Fellow of the Royal Society of Arts, England

It has become abundantly clear that the concerns regarding limitations in resource law and resource management, irrespective of location or micro-climate, cannot be dealt with in a piecemeal fashion. Silos of knowledge or perspective make no sense whatsoever when an existential crisis of fundamental proportions now besets Planet Earth.

Hence the eminent contributions to New Vistas to Natural Resources Law, the latest cutting-edge publication from TGI Books initiative of The Grassroots Institute is not only timely but also, admirably, considers the subject in each chapter in a holistic manner. By presenting the spectrum of environmental law issues, from forest wellbeing to sustainable and mitigating Indigenous knowledge, in a scientifically comprehensive yet readable manner, the volume is likely to be of vital use not only to environmental lawyers and law scholars but also, significantly, to climate and environmental activists as well.

Recently, the activism referred to above has included seeking advisory opinions regarding climate change and environmental damage from various international courts such as the International Court of Justice and the International Tribunal for the Law of the Sea. A recent addition is an opinion required from the Inter-Amercan Court of Human Rights on the rights consequence of natural resource damage. All three opinions are awaited with bated breath in the expectation that the courts will contextualise the adverse impacts of industrialization and agrarian development.

However, it is clear that more than advisory opinions from domestic, regional or international courts are now required since environmental and natural resource damage has reached crisis levels. Loss and damage caused by infliction of harm, whether deliberate or in consequence of negligence, needs redress. Hence, a strong lobby is now targeted towards the International Criminal Court which has begun international consultations on whether, and how, the Rome Statute can be creatively applied to treat resources harm, including to animal and human life, as criminal offences with appropriate penalties imposed on the perpetrators.

This volume, therefore, presents strong evidence to assist with providing actual remedies to those harmed by rampant exploitation of natural resources.

New Vistas to Natural Resources Law is, therefore, not only timely for its description of the matter at hand but also serves as a firm evidentiary basis for seeking penalties and remedies for harm caused to people, place and planet.

It's effects will be far-reaching indeed and, therefore, represents an essential reference for scholars and activists alike.

- Prof. Dr. Shaista Shameem

About this book

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.

Topics

  • Forest Laws
  • Biological Diversity Conservation
  • Environmental Justice
  • Indigenous People
  • Wildlife Laws
  • Agrarian Laws and Policies
  • Land Laws
  • International Law
  • Environmental Law
  • Conservation Policies
  • Sustainable Development
  • Environmental Policy
  • Rangeland and Pastureland Policies
  • European Law
  • Pastoralism
  • Mining Laws
  • Energy Legislation
  • Natural Resources Management
  • Natural Resources Policies

Citation

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

About the Editor

Hasrat Arjjumend

Table of Contents

Foreword Prof. Dr. Shaista Shameem vi-vii
Abbreviations xi-xvi
List of Tables and Figures xvii-xx
Chapter 1 New Vistas in Natural Resources Law - Hasrat Arjjumend 1-25
PART – A BIODIVERSITY, FOREST & WILDLIFE LAWS 26-379
Chapter 2 Biodiversity and Conservation: Cross-Border Legal and Regulatory Perspectives - Alexandra Harrington, Konstantia Koutouki 27-98
Chapter 3 Strengthening the Role of Forests in Climate Change Mitigation through the European Union Forest Law Enforcement, Governance and Trade Action Plan - Semie Sama 99-136
Chapter 4 Jaguar and Puma in Brazilian Semi-Arid Region – Scapegoats for Weak Governance? - Cláudia Sofia Guerreiro Martins, Francine Schulz, Carolina Franco Esteves, Silvio Marchini 137-174
Chapter 5 Customary Institutions and Rules underlying Conservation Functions of Sacred Sites or Indigenous and Community Conserved Areas - Hasrat Arjjumend 175-208
Chapter 6 Human Rights-Based Conservation: The Integral Role of Human Rights Director in the Conservation Sector - Metolo Foyet, Patricia Mupeta-Muyamwa 209-304
Chapter 7 The United States National Park System: Overview, Challenges and Policy Recommendations for China - James Brien, Yanmei Lin 305-379
PART – B AGRARIAN AND LAND LAWS & POLICIES 380-523
Chapter 8 Comparison of Indian and Canadian Laws Regulating the Biopesticides - Hasrat Arjjumend, Konstantia Koutouki 381-418
Chapter 9 Indian and Canadian Laws on Biofertilizers: An Analysis - Hasrat Arjjumend, Konstantia Koutouki 419-454
Chapter 10 Legal Barriers in the Business and Trade of Biofertilizers and Biopesticides in Ukraine - Hasrat Arjjumend, Konstantia Koutouki, Anatoliy Getman, Olga Donets 455-486
Chapter 11 Redressing Policy Making in Pastoral Areas of the Mediterranean Region - Michele Nori 487-516
Chapter 12 Rangelands and Pastoralism in Globalized Economies: Policy Paralysis and Legal Requisites - Hasrat Arjjumend 517-553
PART – C MINERAL RESOURCE LAWS 554-632
Chapter 13 Defining the Legal Aspects of Gemological Objects of Natural Origin - Roman Kirin, Petro Baranov, Igor Koziakov 555-590
Chapter 14 Towards Appropriate Provisions Addressing the Mineral Resources Subjects and Governing Entities within the Framework of Gemological Law of Ukraine - Roman Kirin, Petro Baranov, Hryhoriy Hrytsenko, Volodymyr Khomenko 591-632
Chapter 15 Moving to Halt the Destruction: Summary and Conclusion - Hasrat Arjjumend 633-652
List of Reviewers 653-656
About the Editor 657
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