Journal of International Wildlife Law and Policy最新文献

{"title":"The Future of Animal Law","authors":"Hilâl Nur Şarbak","doi":"10.1080/13880292.2022.2103921","DOIUrl":"https://doi.org/10.1080/13880292.2022.2103921","url":null,"abstract":"Over the past five decades, animal law has undergone a remarkable evolution from an amorphous regulatory framework about animals to a comprehensive discipline for animals. David Favre is one of the leading scholars to have made a decisive contribution to the development of animal law as such. He is the author of an extensive body of scholarly work in the field of animal law, which can be found at almost every critical juncture in this discipline.1 The Future of Animal Law is Favre’s latest contribution to animal law scholarship. In this book, Favre manifests once again his comprehensive understanding of animal law with a transdisciplinary approach that goes beyond academic scholarship. He expresses concern about the scholarly work that has emerged in animal law, arguing that current animal law scholarship lacks a future perspective and suggestions for future directions (p. vii). At first glance, this seems peculiar, given that any work in the field of animal law must be inherently “forward-looking,” as such work frequently challenges existing legal institutions. However, a closer look at the book reveals that by a forward-looking approach, Favre does not just mean a progressive view. He urges animal law scholars to pay regard to certain facts, including that the political process is not driven by reason but by power, and that we therefore cannot change the status quo for all animals at the same time (pp. 5–6). In other words, Favre considers it unrealistic to expect a legal revolution of animal liberation. A forward-looking approach for him is therefore to consider what can be done within the current political sphere without aiming to change it altogether. In this respect, The Future of Animal Law is about what Favre believes is “realistically” possible in the future, at our current political juncture (p. 4).","PeriodicalId":52446,"journal":{"name":"Journal of International Wildlife Law and Policy","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2022-10-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"85540891","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"‘The Calf Fighting The Oak’: A Fight Against Illegal Logging In Russia","authors":"Andrey Shytov, Alexander Shytov","doi":"10.1080/13880292.2022.2151140","DOIUrl":"https://doi.org/10.1080/13880292.2022.2151140","url":null,"abstract":"Abstract The article presents the results of a case study conducted in a mountainous region in Russia by members of the World Wildlife Fund (WWF). It examines the way in which timber businesses exploit certain provisions of Russian forestry law to legitimize environmental crimes. Forestry clearing to deal with diseased timber is permitted, and in one documented case this provision has been used as a license for predatory deforestation. When the WWF confronted the authorities with evidence of the occurrence of environmental crime, criminal law sanctions were not applied, but instead mild administrative fines were imposed that are insufficient to deter offenders. The failure of the authorities to prosecute and suppress acts of illegal logging resulted in social violence. Violent acts of social protest, however, cannot stop the massive destruction of forestry resources in Russia, where criminal groups are well organized and connected to the government.","PeriodicalId":52446,"journal":{"name":"Journal of International Wildlife Law and Policy","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2022-10-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"87265723","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"A Comparative Study of Wildlife Law Awareness and Enforcement in Two Districts Administered under Two Distinct Regional States, Southern Ethiopia","authors":"Meharu Fekadu, Zerihun Girma, Girma Mengesha, Edilu Shona","doi":"10.1080/13880292.2022.2151141","DOIUrl":"https://doi.org/10.1080/13880292.2022.2151141","url":null,"abstract":"Abstract A study was conducted to assess the awareness of the local community about wildlife conservation law and the effectiveness of wildlife law enforcement in the Arbegona and Nensebo woredas (districts) administered under two regional states, in southern Ethiopia. Household surveys, key informant interviews, field observations and document reviews were used to collect data. In total, 185 households (89 from Arbegona and 96 from Nensebo) were randomly selected for the household survey. Thirty-four key informants were also selected from the two districts. There was a significant difference about wildlife law awareness among age class (p = 0.000) and educational level (p = 0.014). A majority of the households (43.8% and 51%) in Arbegona and Nensebo woredas, respectively, indicated that the condition of wildlife and forest resources declined due to a lack of awareness on their importance and the increased human and livestock populations. A lack of staff and funds, insufficient equipment and low support from the community and regulatory bodies contributed to inefficient law enforcement in both districts. In both study areas, there are many threats to wildlife, which include illegal hunting, the expansion of agricultural land, illegal settlements, tree cutting and illegal livestock grazing. From the findings of the study, it can be concluded that there is a greater degree of forest/wildlife resource overexploitation and law enforcement ineffectiveness in the Nensebo woreda, administered by Oromia Regional State, than in the Arbegona woreda, administered by Sidama Regional State. Generally, to sustain wildlife conservation there is a need to raise awareness among farmers about wildlife laws and conservation practice. Moreover, there is an urgent need to have a strong formal framework/standard guideline to establish effective wildlife law enforcement practices.","PeriodicalId":52446,"journal":{"name":"Journal of International Wildlife Law and Policy","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2022-10-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"88488813","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Development of a National Guideline: An Authorized Step Toward Coexistence Between Avian Populations and Power Companies in Iran","authors":"M. Kolnegari, M. Hazrati, Ali Basiri, Etezad Moghimi, Bahram Mohammadi, Iraj Valizadeh, Reza Jafari, Javad Behaaein, H. Izadi, A. Qashqaei, Behrad Farkhondeh, Ebrahim Sharifipour","doi":"10.1080/13880292.2022.2148912","DOIUrl":"https://doi.org/10.1080/13880292.2022.2148912","url":null,"abstract":"Abstract The improvement of guidelines concerning national birds and power lines was identified as the most important duty of Iran's Birds and Power Lines Committee (IBPLC). The IBPLC experts, including members of power transmission and distribution companies as well as ornithologists, reviewed this document and modified it based on the latest research and with consideration of international guidelines, notably the regulations adopted by Spain. These new guidelines will be supported by Tavanir, the authorized part of Iran’s Ministry of Energy. The developers aimed to establish an appropriate legal framework to provide a win–win scenario in which both biodiversity conservation and power infrastructure development are integrated in a common strategy. In comparison with the previous version, the new guidelines are more detailed, descriptive, convincing, scientific, up-to-date, and more focused on environmental goals. Herein, we review notable parts of the new guidelines, which can be regarded as a pioneering regulatory initiative in the Middle East.","PeriodicalId":52446,"journal":{"name":"Journal of International Wildlife Law and Policy","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2022-10-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"78160364","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"‘Crop Raiding’: Farmers’ Perspectives in Shiwalik Hills of North-Western Himalayas, India","authors":"Vijay Kumar, Varun Attri, D. Rana, S. K. Chauhan","doi":"10.1080/13880292.2022.2146851","DOIUrl":"https://doi.org/10.1080/13880292.2022.2146851","url":null,"abstract":"Abstract A study was conducted to ascertain the causes and possible strategies to mitigate the problems of human–animal conflicts in the foothills of the Shiwaliks of the North-Western Himalayas, known as the Kandi region in the Punjab state of India. The main causes of ‘crop raiding’ were a reduction in grazing areas due to the impacts of deforestation, and reduced numbers of predatory carnivores, lantana infestation in the forests and the overexploitation of the forests for wild fruits. It was observed that neelgai and wild boars are the dominant species in the areas adjoining forests, while and stray cattle are dominant in areas outside forests. Traditional methods being adopted by the farmers for curbing these problems were not effective against most of these species. Classifying some animals as vermin, sterilizing monkeys, payment of compensation to affected farmers, strict implementation of wildlife laws and lantana eradication were suggested as the possible strategies for minimizing losses due to crop raiding.","PeriodicalId":52446,"journal":{"name":"Journal of International Wildlife Law and Policy","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2022-10-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"88062603","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Increasing the Effectiveness of the Bonn Convention on the Conservation of Migratory Species","authors":"Nikolas P. Sellheim, Jochen Schumacher","doi":"10.1080/13880292.2022.2153461","DOIUrl":"https://doi.org/10.1080/13880292.2022.2153461","url":null,"abstract":"Abstract The Convention on the Conservation of Migratory Species of Wild Animals (Bonn Convention; the Convention) was adopted on 23 June 1979 and has a current membership of 133 parties. This article introduces the Convention and examines the measures and practices that have been taken under its auspices to seek to make the Convention more effective. This article also considers the factors that may directly or indirectly inhibit the efficient functioning of the Convention, especially the role of membership fees and voting practices.","PeriodicalId":52446,"journal":{"name":"Journal of International Wildlife Law and Policy","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2022-10-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"80637646","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Jan Laitos, Rethinking Environmental Law: Why Environmental Laws Should Conform to the Laws of Nature.","authors":"Hannah Battersby","doi":"10.1080/13880292.2022.2153460","DOIUrl":"https://doi.org/10.1080/13880292.2022.2153460","url":null,"abstract":"There has been a ‘proliferation of laws and legal instruments to combat environmental degradation’ over the last few decades.1 In spite of this, the state of our environment is dire. We will likely see a global temperature rise of 2.8 °C by the end of this century.2 Humanity is on track to fall short of the Paris Agreement target of keeping global warming below 2 °C (ideally at 1.5 °C).3 Our planet is ‘on course to cross multiple dangerous tipping points that will be disastrous’.4 The ‘stability and resilience’ of natural systems have been compromised.5 How have we reached this catastrophic situation? Why have our numerous environmental laws been unsuccessful in protecting us from it? In Rethinking Environmental Law, Laitos argues that environmental laws—despite representing a concerted and sincere effort on the part of lawmakers to address environmental challenges of the Anthropocene—have failed to avoid this outcome as a matter of their design. This is because, according to Laitos, they have been derived from a ‘flawed algorithm’. That is, an erroneous foundational set of assumptions and rules from which laws have been drawn (p. 4). Policies and legal instruments gleaned from this algorithm have failed to ameliorate environmental problems in part because they have been overly ‘complex and complicated’, necessitating ‘layers of administrative enforcement and endless post-hoc judicial interpretation’ (pp. 5–6). They have also been predominantly negative in emphasis, using punitive and prohibitive measures to prevent certain activities. The mainstay of environmental law has been imposition of ‘top-down commands by legislatures and agencies’ onto people. This can be contrasted with approaches wherein pro-environmental choices are driven from the ‘bottom-up’; where changes are ‘initiated by people and the demands of nature, not by an enormous bureaucratic apparatus’ (p. 5). Ground-up initiatives add much of value because, for one thing, they foreground and create space for ‘local and collective values’ and identities.6 For another, they can forge and reinforce ‘pro-environmental’","PeriodicalId":52446,"journal":{"name":"Journal of International Wildlife Law and Policy","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2022-10-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"78162894","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Mutual Legal Assistance in Wildlife Criminal Matters in Eastern Africa","authors":"Samantha de Vries, Gail Anderson","doi":"10.1080/13880292.2022.2106393","DOIUrl":"https://doi.org/10.1080/13880292.2022.2106393","url":null,"abstract":"Abstract The workshop Strengthening of International Cooperation in Wildlife Criminal Matters in Eastern Africa, held for investigators and prosecutors, commenced in Nairobi in February 2020. Multiple representatives from nine African countries’ national wildlife and prosecution agencies were in attendance (including inter-governmental organization/non-governmental organization representatives). The first author spent six months conducting research in Kenya, respected cross-cultural ethics considerations, and aided in the development and facilitation of the workshop. Workshop evaluations (pre and post-pre) were utilized to identify challenges, experiences, and engagement in cooperation in transnational wildlife cases. Pre-workshop evaluations (N = 23), post-pre-workshop evaluations (N = 24), participant observation data, and illicit wildlife seizure data (obtained from the United Nations Office on Drugs and Crime Container Control Programme) identified three key challenges in transnational wildlife criminal cases within the region: (1) Mutual legal assistance is not being utilized enough; (2) regional legal harmonization and support are necessary; and (3) exhibit management and evidence requirements need to be amended. There are multiple policy implications from these data, mainly the need for regional adoption of an MLA guidance, the need for the United Nations Convention against Corruption and the United Nations Convention against Transnational Organized Crime to be ratified by all countries, and a better understanding of alternatives to mutual legal assistance (MLA) requests for repatriation of large seized wildlife exhibits.","PeriodicalId":52446,"journal":{"name":"Journal of International Wildlife Law and Policy","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2022-09-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"81297973","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Endangering the Endangered: The Poaching and Conservation Conundrum Facing the Greater Indian One-Horned Rhinoceros in Kaziranga National Park, Assam, India","authors":"Dilip Gogoi, Biplob Gogoi","doi":"10.1080/13880292.2022.2124609","DOIUrl":"https://doi.org/10.1080/13880292.2022.2124609","url":null,"abstract":"Abstract The Kaziranga National Park (KNP), a World Heritage Site in the state of Assam, India, represents an area of unique importance to global rhinoceros conservation. It is home to the world’s largest population of the famous black Asiatic one-horned rhinoceros, which remains an endangered species, and one that has been closely threatened with extinction. This article explores the conservation strategies for the great endangered Indian one-horned rhinoceros in Kaziranga by situating it in a regional spectrum of conservation and regimes of ecological governance. It considers the crucial issue of rhinoceros poaching and the current anti-poaching mechanisms in KNP in the light of global wildlife conservation efforts and domestic anti-poaching mechanisms in India. It further identifies the gaps between policy formulation and implementation of conservation strategies regarding the rhinoceros of KNP, a species that holds a unique geopolitical importance, both in the global context of the conservation of endangered species generally, and more locally as the national symbol of the state of Assam, India.","PeriodicalId":52446,"journal":{"name":"Journal of International Wildlife Law and Policy","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2022-09-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"85574866","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"The Legal Framework and Verdicts of the Supreme Court in Protection of the Greater One-horned Rhinoceros: The Case of Nepal","authors":"Rashesh Vaidya, Shatkon Shrestha","doi":"10.1080/13880292.2022.2124610","DOIUrl":"https://doi.org/10.1080/13880292.2022.2124610","url":null,"abstract":"Abstract The greater one-horned rhinoceros (Rhinoceros unicornis) is the largest rhinoceros species found in Nepal and India. The habitat of the greater one-horned rhinoceros encompasses the southern border between the two nations, hence these animals regularly cross this international boundary. Having a national park situated at the periphery of at an international border facilitates the ability of poachers to easily escape from the crime scene. The article examines the legal framework enacted by Nepal to address the poaching of the greater one-horned rhinoceros, one of the world’s most popular endangered mammals. This article also analyzes the case law related to the poaching of the one-horned rhinoceros from the Supreme Court of Nepal. The strict enforcement of the legal provisions adopted by Nepal through the enactment of the National Parks and Wildlife Conservation Act 1973, combined with the punitive approach of the Supreme Court of Nepal, has also helped to discourage the poaching of this species in Nepal. The Supreme Court of Nepal has jointly punished the principal offender for poaching offences with their accomplices, which has helped to discourage in poaching of the one-horned rhinoceros. Nevertheless, a quasi-judicial body, the Office of the National Park, which handles the case firsthand, implements and exercises legal provisions related to poaching at the initial stage and also gives an initial verdict. In most poaching cases involving the one-horned rhinoceros, the principal offenders and accomplices are predominantly drawn from a specific community residing around the Chitwan National Park.","PeriodicalId":52446,"journal":{"name":"Journal of International Wildlife Law and Policy","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2022-09-23","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"83965262","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}