What form of human-wildlife coexistence is mandated by legislation?

A comparative analysis of international and national instruments

Benjamin Cretois*, John. D. C. Linnell, Bjorn P. Kaltenborn, Arie Trouwborst

*Corresponding author for this work

Research output: Contribution to journalArticleScientificpeer-review

Abstract

There are currently many controversies over the process of wildlife conservation, mainly focused on determining which forms of human-wildlife relationship should be endorsed by society. These differences often lead to legal discussions between lawmakers and stakeholders as result of misinterpretation of law. In this study, we examine the dominant conservation ideologies underpinning institutionalized wildlife conservation by exploring the moral basis underlying a broad range of national and international legislation. We used a teleological interpretative approach to explore the implicit and explicit intentions of legislative instruments. We found that a shift from a human-nature dualism to an integration paradigm occurred in the legal frameworks during the last 20-30years. A desire to improve the status of threatened species or ecosystems was clearly expressed in all legislation. However, the widespread mention of consumptive values seems to indicate no principled opposition between the notions of conservation and of sustainable use. We identified three different groups of legislation: (1) a small group containing largely protectionist instruments, (2) a group based on the main European nature conservation texts and, (3) a cluster incorporating almost all the post-Convention on Biological Diversity (CBD) legislation from around the world. The CBD was found to have had a major impact on the shaping of the modern legal instruments, reconciling the eco- and anthropocentric values at the heart of modern legal thinking. Overall, the dominant legal ideology seems to aim for a compromise between the interests of society and wildlife, allowing its sustainable use and steering for shared space.

Original languageEnglish
Pages (from-to)1729-1741
Number of pages13
JournalBiodiversity and Conservation
Volume28
Issue number7
DOIs
Publication statusPublished - Jun 2019

Keywords

  • Biodiversity
  • Coexistence
  • Conservation
  • Convention on biological diversity (CBD)
  • Values
  • Wildlife
  • EXTINCTION RISK
  • CLIMATE-CHANGE
  • LAND-USE
  • CONSERVATION
  • PRINCIPLES

Cite this

@article{664e4838b5f94d1793e95d7a17938ec0,
title = "What form of human-wildlife coexistence is mandated by legislation?: A comparative analysis of international and national instruments",
abstract = "There are currently many controversies over the process of wildlife conservation, mainly focused on determining which forms of human-wildlife relationship should be endorsed by society. These differences often lead to legal discussions between lawmakers and stakeholders as result of misinterpretation of law. In this study, we examine the dominant conservation ideologies underpinning institutionalized wildlife conservation by exploring the moral basis underlying a broad range of national and international legislation. We used a teleological interpretative approach to explore the implicit and explicit intentions of legislative instruments. We found that a shift from a human-nature dualism to an integration paradigm occurred in the legal frameworks during the last 20-30years. A desire to improve the status of threatened species or ecosystems was clearly expressed in all legislation. However, the widespread mention of consumptive values seems to indicate no principled opposition between the notions of conservation and of sustainable use. We identified three different groups of legislation: (1) a small group containing largely protectionist instruments, (2) a group based on the main European nature conservation texts and, (3) a cluster incorporating almost all the post-Convention on Biological Diversity (CBD) legislation from around the world. The CBD was found to have had a major impact on the shaping of the modern legal instruments, reconciling the eco- and anthropocentric values at the heart of modern legal thinking. Overall, the dominant legal ideology seems to aim for a compromise between the interests of society and wildlife, allowing its sustainable use and steering for shared space.",
keywords = "Biodiversity, Coexistence, Conservation, Convention on biological diversity (CBD), Values, Wildlife, EXTINCTION RISK, CLIMATE-CHANGE, LAND-USE, CONSERVATION, PRINCIPLES",
author = "Benjamin Cretois and Linnell, {John. D. C.} and Kaltenborn, {Bjorn P.} and Arie Trouwborst",
year = "2019",
month = "6",
doi = "10.1007/s10531-019-01751-6",
language = "English",
volume = "28",
pages = "1729--1741",
journal = "Biodiversity and Conservation",
issn = "0960-3115",
publisher = "Springer Netherlands",
number = "7",

}

What form of human-wildlife coexistence is mandated by legislation? A comparative analysis of international and national instruments. / Cretois, Benjamin; Linnell, John. D. C.; Kaltenborn, Bjorn P.; Trouwborst, Arie.

In: Biodiversity and Conservation, Vol. 28, No. 7, 06.2019, p. 1729-1741.

Research output: Contribution to journalArticleScientificpeer-review

TY - JOUR

T1 - What form of human-wildlife coexistence is mandated by legislation?

T2 - A comparative analysis of international and national instruments

AU - Cretois, Benjamin

AU - Linnell, John. D. C.

AU - Kaltenborn, Bjorn P.

AU - Trouwborst, Arie

PY - 2019/6

Y1 - 2019/6

N2 - There are currently many controversies over the process of wildlife conservation, mainly focused on determining which forms of human-wildlife relationship should be endorsed by society. These differences often lead to legal discussions between lawmakers and stakeholders as result of misinterpretation of law. In this study, we examine the dominant conservation ideologies underpinning institutionalized wildlife conservation by exploring the moral basis underlying a broad range of national and international legislation. We used a teleological interpretative approach to explore the implicit and explicit intentions of legislative instruments. We found that a shift from a human-nature dualism to an integration paradigm occurred in the legal frameworks during the last 20-30years. A desire to improve the status of threatened species or ecosystems was clearly expressed in all legislation. However, the widespread mention of consumptive values seems to indicate no principled opposition between the notions of conservation and of sustainable use. We identified three different groups of legislation: (1) a small group containing largely protectionist instruments, (2) a group based on the main European nature conservation texts and, (3) a cluster incorporating almost all the post-Convention on Biological Diversity (CBD) legislation from around the world. The CBD was found to have had a major impact on the shaping of the modern legal instruments, reconciling the eco- and anthropocentric values at the heart of modern legal thinking. Overall, the dominant legal ideology seems to aim for a compromise between the interests of society and wildlife, allowing its sustainable use and steering for shared space.

AB - There are currently many controversies over the process of wildlife conservation, mainly focused on determining which forms of human-wildlife relationship should be endorsed by society. These differences often lead to legal discussions between lawmakers and stakeholders as result of misinterpretation of law. In this study, we examine the dominant conservation ideologies underpinning institutionalized wildlife conservation by exploring the moral basis underlying a broad range of national and international legislation. We used a teleological interpretative approach to explore the implicit and explicit intentions of legislative instruments. We found that a shift from a human-nature dualism to an integration paradigm occurred in the legal frameworks during the last 20-30years. A desire to improve the status of threatened species or ecosystems was clearly expressed in all legislation. However, the widespread mention of consumptive values seems to indicate no principled opposition between the notions of conservation and of sustainable use. We identified three different groups of legislation: (1) a small group containing largely protectionist instruments, (2) a group based on the main European nature conservation texts and, (3) a cluster incorporating almost all the post-Convention on Biological Diversity (CBD) legislation from around the world. The CBD was found to have had a major impact on the shaping of the modern legal instruments, reconciling the eco- and anthropocentric values at the heart of modern legal thinking. Overall, the dominant legal ideology seems to aim for a compromise between the interests of society and wildlife, allowing its sustainable use and steering for shared space.

KW - Biodiversity

KW - Coexistence

KW - Conservation

KW - Convention on biological diversity (CBD)

KW - Values

KW - Wildlife

KW - EXTINCTION RISK

KW - CLIMATE-CHANGE

KW - LAND-USE

KW - CONSERVATION

KW - PRINCIPLES

U2 - 10.1007/s10531-019-01751-6

DO - 10.1007/s10531-019-01751-6

M3 - Article

VL - 28

SP - 1729

EP - 1741

JO - Biodiversity and Conservation

JF - Biodiversity and Conservation

SN - 0960-3115

IS - 7

ER -