Biodiversity: Law, Policy and Governance

367 Pages·2017·1.593 MB·English

by  Usha Tandon, Mohan Parasaran, Sidharth Luthra

BIODIVERSITY
This book, Biodiversity: Law, Policy and Governance,
which is a compilation of articles and papers, fittingly
discusses, critiques, analyses as well as examines the
widening gap in biodiversity governance. It deliberates
on the problem, discerns the various forms of innovative
governance adopted and provides an in-depth analysis
of the judicial discourses as well as the management sys-
tem. It scrutinizes the main issues that plague a coun-
try that hopes to implement a method for securing a
positive upshot by discussing the widening gap between
the theoretical aspirations and the practical execution,
where the obligations undertaken seldom transform
from mere ink and paper.
Justice A. K. Sikri, Judge, Supreme
Court of India, New Delhi, India
Conservation of biodiversity is a fundamental concern towards secur-
ing a sustainable future. This volume argues that despite various
domestic and international policies and legal frameworks on biodi-
versity conservation – be it forest, wildlife, marine, coastal, etc. – their
implementation suffers from many deficiencies. It explores the factors
that hinder effective implementation of these policies and frameworks.
It also analyses existing laws, both international and domestic, to iden-
tify inherent problems in the existing legal system. The book maintains
that careful adherence to established procedures and protocols, public
awareness, filling the lacuna in legal framework, and a strong politi-
cal will are sine qua non for effective conservation of biodiversity and
sustainable development. The volume defends the protection of tradi-
tional knowledge and participation of indigenous communities along
with reinforcements of intellectual property in this regard. It also com-
mends the role played by the Indian judiciary, especially the Supreme
Court of India and India’s National Green Tribunal, for the preserva-
tion and enhancement of natural resources by applying established as
well as evolving principles of environmental law.
This book will be useful to scholars and researchers of environmen-
tal studies, development studies, policy studies and law related to bio-
diversity and conservation.
Usha Tandon is Professor and Head at Campus Law Centre, Univer-
sity of Delhi, India.
Mohan Parasaran is a senior advocate at the Supreme Court of India
and was previously the Solicitor General of India and Additional Solic-
itor General of India.
Sidharth Luthra is a senior advocate at the Supreme Court of India
and was earlier the Additional Solicitor General of India.
BIODIVERSITY
Law, Policy and Governance
Edited by
Usha Tandon, Mohan Parasaran
and Sidharth Luthra
First published 2018
by Routledge
2 Park Square, Milton Park, Abingdon, Oxon OX14 4RN
and by Routledge
711 Third Avenue, New York, NY 10017
Routledge is an imprint of the Taylor & Francis Group, an informa business
© 2018 selection and editorial matter, Usha Tandon, Mohan
Parasaran and Sidharth Luthra; individual chapters, the
contributors
The right of Usha Tandon, Mohan Parasaran and Sidharth
Luthra to be identified as the authors of the editorial material,
and of the authors for their individual chapters, has been
asserted in accordance with sections 77 and 78 of the
Copyright, Designs and Patents Act 1988.
All rights reserved. No part of this book may be reprinted
or reproduced or utilised in any form or by any electronic,
mechanical, or other means, now known or hereafter
invented, including photocopying and recording, or in any
information storage or retrieval system, without permission in
writing from the publishers.
Trademark notice: Product or corporate names may be
trademarks or registered trademarks, and are used only for
identification and explanation without intent to infringe.
British Library Cataloguing-in-Publication Data
A catalogue record for this book is available from the British
Library
Library of Congress Cataloging-in-Publication Data
A catalog record for this book has been requested
ISBN: 978-1-138-28819-5 (hbk)
ISBN: 978-0-203-70406-6 (ebk)
Typeset in Sabon
by Apex CoVantage, LLC
To,
Our Childhood Feathered Friend
Passer Domesticus (House Sparrow)
Loss of Biodiversity has taken a severe toll on many aspects of
Life in Delhi.
In growing up days, a familiar sight was the House Sparrow.
Despite being declared the State Bird in 2012, the sparrow is
now nearly extinct in the Capital.
This book is dedicated to the House Sparrow.

CONTENTS
Notes on contributors x
Preface xiv
Foreword xvi
KLAUS BOSSELMANN
Introduction 1
USHA TANDON, MOHAN PARASARAN AND
SIDHARTH LUTHRA
PART I
Biodiversity conservation: issues and challenges 9
1 Sustainable wetlands and biodiversity conservation:
Nigeria’s Lagos Lagoon in focus 11
ERIMMA GLORIA ORIE
2 Marine Spatial Planning as a key instrument for the
sustainable use of marine resources: the case of Mauritius 36
MARIE VALERIE UPPIAH
PART II
Biodiversity governance and diplomacy 57
3 Biodiversity conservation and management in India,
Brazil and South Africa: law, policy and diplomacy in
the contemporary age 59
AMRENDRA KUMAR
vii
CONTENTS
4 Biodiversity conservation and management:
the Ugandan experience 82
MOSES S-N WATULO
PART III
Convention on Biological Diversity, ABS and TRIPS
Agreement 107
5 Implementing the Nagoya Protocol on access and
benefit sharing in India 109
PUSHPA KUMAR LAKSHMANAN
6 Agreement on Trade-Related Aspects of Intellectual
Property Rights versus Convention on Biological
Diversity: a call for harmonization 131
VANDANA MAHALWAR
PART IV
Genetic engineering: problems and prospects 153
7 Genetically modified crops: neither poison nor panacea 155
PARIKSHET SIROHI
PART V
Judicial responses 179
8 Public Interest Litigation – an effective tool for
biodiversity conservation: an Indian experience 181
MOHAN PARASARAN AND SIDHARTH LUTHRA
9 Assessing India’s Green Tribunal for conservation of
biodiversity 200
USHA TANDON
10 Role of the Judiciary in biodiversity enforcement and
compliance: comparison between the International
Court of Justice and the Indian Judiciary 231
STELLINA JOLLY
viii
CONTENTS
PART VI
The way forward 257
11 Feminist dimension of biodiversity challenges 259
NIHARIKA BAHL
12 The possibility of Urgenda in India 282
SHREEYASH UDAY LALIT
13 The possibility of a Global Environmental Organization 308
NIRAJ KUMAR
Table of cases 331
Index 337
ix