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(ISSN 2564-016X; CODEN: JELPBQ; DOI: 10.33002/jelp) is an international, scientific double blind peer-reviewed open access journal published 3 times a year online by The Grassroots Institute.
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Journal of Environmental Law and Policy is an international, interdisciplinary journal that facilitates an understanding of environmental governance, policy and law issues not only by drawing upon and contributing to the environmental social sciences, but also linking the ecosystem health, natural resources, and social sciences. The aim of the journal is to promote communication among academia, government, business and industry, civil society groups, citizens’ action groups, and non-governmental organizations who are instrumental in the solving of environmental problems and grassroots level issues.
Biodiversity and Conservation: Cross-Border Legal and Regulatory Perspectives
Alexandra Harrington
Centre for International Sustainable Development Law, Chancellor Day Hall, 3644 Peel Street, Montreal, Quebec H3A 1W9 Canada, and University of Albany School of Law, 80 New Scotland Avenue, Albany, NY 12208-3494 USA, and Lancaster University Law School, Bowland North, Bailrigg, Lancaster LA1 4YN, UK.
Email: arharrington@gmail.com | ORCID: 0000-0003-1355-7281
Konstantia Koutouki
Faculté de droit, Université de Montréal, Montréal (Québec) H3T 1J7, and CISDL, Chancellor Day Hall, 3644 Peel Street, Montreal, Quebec H3A 1W9, and Nomomente Institute, 228 Rue Main, Hudson, QC, J0P 1H0, Canada. E-mail: konstantia.koutouki@umontreal.ca | ORCID: 0000-0001-7395-1729
Journal of Environmental Law and Policy (2021) 01:03, 58-105. https://doi.org/10.33002/jelp01.03.03
Accepted: 25 December 2021
No. of Abstract Views:
Published: 31 December 2021
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This article provides an overview of the legal and policy frameworks for the protection of threatened and vulnerable wildlife on private lands in Canada and the United States, the approaches adopted in different jurisdictions and the response of key constituencies, and formulates recommendations based on these experiences. Canada and the United States serve as an important source of comparison in terms of biodiversity protection mechanisms for several reasons, ranging from geography and legal systems protections to shared economic concerns and development. Additionally, the shared fundamental dichotomy between governance at the national/federal level and the provincial/state level is a key area of comparison since there are many overlaps in these elements of governance across systems. At the same time, these relationships are governed subject to different forms of legal imperatives given the nature of articulated national and subnational powers and roles in Canadian law and the Constitution of the United States. Since both systems give primacy of place in law and regulation related to biodiversity and associated resources to the national/federal level, any comparisons must start at this level.
Keywords: Biodiversity law; Conservation regulations; Canadian laws, Wildlife
Andrea Olive, ‘It Is Just Not Fair: The Endangered Species Act in the United States and Ontario’
Dan Kraus, ‘Stopping Habitat Loss is the Key to Saving Canada’s Endangered Species’ Nature
Francisco Sánchez-Bayoa & Kris AG Wyckhuys, ‘Worldwide Decline of the Entomofauna: A
Gerardo Ceballos, Paul R Ehrlich & Rodolfo Dirzo, ‘Biological Annihilation via the Ongoing
Good, K. & Michalsky, S., ‘Summary of Canadian experience with conservation easements and
Ontario Soil and Crop Improvement Association, ‘A Safe Harbour Policy for Canada?
Oscar Venter and others, ‘Threats to Endangered Species in Canada’ (2006) 56:11 Bioscience 1-2
Pauline Lynch-Stewart, Ingrid Kessel-Taylor & Clayton Rubec, ‘Wetlands and Government:
Sristi Kamal, Malgorzata Grodzinska-Jurczak & Agata Pietrzyk Kaszynska, ‘Challenges and
Alexandra Harrington and Konstantia Koutouki, ‘Biodiversity and Conservation: Cross-Border Legal and Regulatory Perspectives’ (2021) 01:03 Journal of Environmental Law & Policy 58-105. https://doi.org/10.33002/jelp01.03.03
Harrington, A. and Koutouki, K. (2021). Biodiversity and Conservation: Cross-Border Legal and Regulatory Perspectives. Journal of Environmental Law and Policy, 01(03): 58-105. Doi: https://doi.org/10.33002/jelp01.03.03
Harrington, A., & Koutouki, K. (2021). Biodiversity and Conservation: Cross-Border Legal and Regulatory Perspectives. Journal of Environmental Law and Policy, 01(03), 58-105. https://doi.org/10.33002/jelp01.03.03
Harrington A., Koutouki K. Biodiversity and Conservation: Cross-Border Legal and Regulatory Perspectives. Journal of Environmental Law and Policy, 2021, 01(03), 58-105. https://doi.org/10.33002/jelp01.03.03
Harrington, Alexandra, Koutouki, Konstantia. 2021. “Biodiversity and Conservation: Cross-Border Legal and Regulatory Perspectives”. Journal of Environmental Law and Policy, 01 no. 03: 58-105. https://doi.org/10.33002/jelp01.03.03
Harrington, Alexandra and Konstantia Koutouki. 2021. “Biodiversity and Conservation: Cross-Border Legal and Regulatory Perspectives”. Journal of Environmental Law and Policy, 01 (03): 58-105. https://doi.org/10.33002/jelp01.03.03
© 2021 by the author(s). Licensee Journal of Environmental Law and Policy. This article is an open access article distributed under the terms and conditions of the Creative Commons Attribution (CC BY) license (http://creativecommons.org/licenses/by/4.0/). We allow to freely share (copy and redistribute the material in any medium or format) and adapt (remix, transform, and build upon the material for any purpose, even commercially) with a legal code: https://creativecommons.org/licenses/by/4.0/legalcode.
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