By Michael I. Jeffery, Jeremy Firestone, Karen Bubna-Litic
This booklet provides an international viewpoint on biodiversity conservation and the upkeep of sustainable cultures. Contributions were amassed from students in each sector of the realm, and addresses concerns from the foreign, local, country-specific views. subject matters coated contain the heritage and significant govt buildings during this quarter; necessities to biodiversity conservation; biosecurity; and entry to and sharing of advantages from elements of biodiversity and their financial price.
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Extra resources for Biodiversity Conservation, Law and Livelihoods: Bridging the North-South Divide: IUCN Academy of Environmental Law Research Studies
Boone v. Kingsbury, 206 Cal. 148 (1929). 23 P1: IBE 9780521885034c01 CUFX194/Jeffery 24 978 0 521 88503 4 December 26, 2007 13:56 JOSEPH L. SAX A more recent California case (the so-called Mono Lake decision)46 applied that principle when it found in 1983 that an existing diversion of water from mountain streams by the City of Los Angeles, dating from 1940 that carried water down to the City for urban use was having an adverse effect on bird habitat and aquatic life in the lake into which the streams drained and that it had decimated fish life in the streams themselves.
Thus, to take a more contemporary example, absent some specific law prohibiting such action, the owner of a tract of land that contains the sole habitat of some species – whatever its scientific or cultural value – is entirely free to extirpate it. It is a notable inadequacy that the basic concept of ownership rights in our law takes no note of contemporary appreciation of the fundamental importance of biodiversity. A striking example of this conception of property arose about a dozen years ago when the fossil remains of a Tyrannosaurus rex (T-rex), said to be the most complete and best articulated skeleton of a T-rex ever found, was unearthed on a ranch in South Dakota by a lady named Sue Hendrickson, an employee of a commercial company that collects and restores fossils.
S. 34 That case involved one of a number of pristine natural areas designated as wilderness study areas, where the law imposes a nonimpairment standard for management pending final legislative decision as to whether they will be designated as formal wilderness and given protection from all disturbing use and construction. A federal land management agency was mandated to administer those lands, keeping them unimpaired. In violation of this mandate the agency admittedly permitted impairment to occur by allowing recreational use of off-road machines known as all-terrain vehicles (ATVs).