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2006

Canadian Biodiversity Law

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Domesticating The Exotic Species: International Biodiversity Law In Canada, Natasha Affolder Jan 2006

Domesticating The Exotic Species: International Biodiversity Law In Canada, Natasha Affolder

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While a significant body of international and regional agreements now addresses habitat preservation, wildlife protection, and biological diversity, these advances on the international level often fail to be effectively translated into domestic law. In this article, the author argues that international biodiversity law is being treated in Canada as "exotic". It is peppered into parties' submissions without a principled explanation of its role in Canadian law, receives little consideration from the courts, and must ultimately rely on non-legal means of enforcement. The author examines the jurisprudence dealing with four major biodiversity treaties. She notes that the judicial treatment of these …