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Ark of the Broken
Covenant
Protecting the World’s
Biodiversity Hotspots
John Charles Kunich
Issues in Comparative Public Law
Edward J. Eberle, Series Editor
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Library of Congress Cataloging-in-Publication Data
Kunich, John C., 1953–
Ark of the broken covenant : protecting the world’s biodiversity hotspots / John
Charles Kunich.
p. cm.—(Issues in comparative public law)
Includes bibliographical references and index.
ISBN 0–275–97840–0 (alk. paper)
1. Environmental law. 2. Biological diversity. I. Title. II. Series.
K3585.K86 2003
333.7(cid:2)2—dc21 2002029766
British Library Cataloguing in Publication Data is available.
Copyright © 2003 by John Charles Kunich
All rights reserved. No portion of this book may be
reproduced, by any process or technique, without the
express written consent of the publisher.
Library of Congress Catalog Card Number: 2002029766
ISBN: 0–275–97840–0
First published in 2003
Praeger Publishers, 88 Post Road West, Westport, CT 06881
An imprint of Greenwood Publishing Group, Inc.
www.praeger.com
Printed in the United States of America
The paper used in this book complies with the
Permanent Paper Standard issued by the National
Information Standards Organization (Z39.48–1984).
10 9 8 7 6 5 4 3 2 1
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Contents
Dedication and Acknowledgments vii
Series Foreword by Edward J. Eberle ix
Preface xi
Chapter 1: Extinction and the
Biodiversity Hotspots 1
Chapter 2: The Hotspots 29
Chapter 3: Burn Control? Current International
Law Relevant to Hotspots
Preservation 45
Chapter 4: Biodiversity Preservation,
Nation by Nation 91
Chapter 5: A Legal Proposal for Saving
the Planet: The Vital Ecosystems
Preservation Act 143
Chapter 6: To Be or Not to Be 167
Conclusion 197
Index 203
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Dedication
and Acknowledgments
The author thanks his dear wife, Marcia Vigil, and their wonderful daughters,
Christina Laurel Kunich and Julie-Kate Marva Kunich, for their unending
love and support. This book is dedicated to all the species we have driven
into extinction without ever even giving them a name.
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Series Foreword
John Kunich’s book is a welcome edition to the Praeger Series on Issues in
Comparative Public Law. The series provides a forum for the examination of
issues of major importance to contemporary society, discussed from a com-
parative perspective.
Kunich’s book is an important contribution to environmental awareness
and comparative literature. He shines the light on an important global prob-
lem that has been underappreciated, if not neglected; namely, whether to
protect the increasingly few areas left in the world where life-forms live and,
hopefully, will continue to thrive. Kunich calls these areas “hotspots” because
they contain within their relatively small area a disproportionately large share
of all life-forms on the earth. These hotspots contain extraordinary ecologi-
cal richness, including remaining habitats of plant species, nonfish vertebrate
species, and other life-forms.
Hotspots are under grave threat due to forces of industrialization, global-
ization, and civilization. Humans are encroaching dramatically on the king-
doms of plants and animals, much to their peril. According to scientific
thought, we are currently in the midst of a major extinction spasm that
could rival the few other disastrous epochs in our planet’s history that
claimed the lives of millions of species. As we consider globalization—its
merits and demerits—Kunich reminds us that we need to at least take a mo-
ment, amidst the hustle of the marketplace, to consider what to do with the
many remaining species that share the earth with us.
Kunich makes the case why the survival of these species is a matter of the
highest importance. The life-forms and natural wonders within these
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x • Series Foreword
hotspots possess untold riches, including incalculable benefits for humans
and the environment in medicine, food production, pest control, and many
other fields. With the advent of genetic engineering, the DNA of every
species may hold the keys to great advancements in other species and for
humankind as well. These reasons, alone, should give us pause. But as
higher level thinkers, we should also consider the moral obligation we have
to preserve living things. Ultimately, how we act in life will count for more
than what we consume or produce.
Surveying existing legal regimes, internationally and nationally, as they re-
late to biodiversity, Kunich finds them wanting in addressing the concerns of
hotspots. Accordingly, he proposes an innovative solution to the problem,
drawing upon money, human ingenuity, and the better qualities within us.
His proposal is a call for action, a call hopefully that is not too late. The
book is pathbreaking, focusing a lens on a matter of seminal importance for
all of us who inhabit the globe. Kunich discusses hotspots comprehensively,
through consideration of science, law, public policy, and ethics, nationally
and comparatively. He offers a blueprint on how effectively to fashion our
future. Kunich’s book is an inspiration to present and future generations
dedicated to preserving and protecting living habitats.
Edward J. Eberle
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Preface
What would be the appropriate legal course of action if credible scientific evi-
dence surfaced showing that most of the earth’s species are concentrated in
only a few poorly protected regions? What response would be prudent if it
came to light that this planet’s remaining biodiversity is in no way evenly dis-
tributed, but rather is overwhelmingly confined to certain key, imperiled areas?
What legal and policy options would we invoke if we learned that our best
chance to save thousands, even millions of species from extinction is to focus
on the fate of approximately 25 zones of immense ecological significance?
These are not hypothetical questions taken from a law school class on en-
vironmental law. They are not ripped from the pages of an overly imagina-
tive final examination in a natural resources law course. On the contrary,
they are based on fact. The answers to these questions may spell the differ-
ence between survival and extinction for an immense number of species in
existence today.
Tragically, the answers thus far are all wrong. No new comprehensive leg-
islation has been proposed. There has been no attempt to amend existing
statutory or regulatory law to address the issue on a systematic basis. Virtu-
ally nothing has been done through diplomatic means. Political officials
have made no effort to bring the situation to the attention of other world
leaders or the general public. In short, to the very limited extent people in
positions of power are aware of the phenomenon at all, the universal re-
sponse has been to leave the status quo entirely undisturbed.
If he had been a present-day environmentalist, Mark Twain might have
said, “Everybody talks about saving biodiversity, but nobody does anything
Description:Blending scientific and legal expertise, Kunich proves that a devastating ecological crisis is imminent or even underway already, and that conservation law has yet to catch up with biological science. He challenges readers with a hotspots wager, arguing that he have vastly more to gain than lose by
