Law Commons^™

Ecosystem Services And Sustainable Development: Creating An Integrated Governance Approach: Critical Reflections On The New European Strategy On Biodiversity, Nathalie Herve-Fournereau

Global Environmental Law at a Crossroads

“Biodiversity is also our natural capital, delivering ecosystem services that underpin our economy.” According to the European Strategy on Biodiversity, EU commits to halt the loss of biodiversity and the degradation of ecosystem service by 2020 in the light of the transition towards a resource efficient and green and sustainable economy. As defined in Directive 2004/35/EC on environmental liability, the concept of ecosystem service (« functions provided by a natural resource for another natural resource or for the public») enjoys a broad conception that differs from the definition used by the Millenium ecosystem assessment report (« the benefits that …

The Emerging Institutional Risks From Widespread Adoption Of An Ecosystem Services Market Approach To Environmental Governance, Paul Martin, Jacqueline Williams, Amanda Kennedy

Global Environmental Law at a Crossroads

Best practice commercial management involves two distinct mindsets, harnessed for separate purposes. The innovative mindset is concerned with the creative side of enterprise – entrepreneurship, innovation, strategising and commercialisation). However this is also married to a more pessimistic mindset focused on the identification and avoidance of what might go wrong- (risk management).

The modernist paradigm for environmental governance stresses scientific model-based estimation to determine resource use-limits, legally specified property rights to fractions of the environment, market or market like mechanisms for allocation of interests, and scientific methods of performance of the strategies. These elements exist in varying forms regardless of …

Law, Ecosystem Valuation And Risk Allocation, David Hodas

Global Environmental Law at a Crossroads

Assigning a precise economic value to a non-market ecosystem service or environmental externality that damages an ecosystem or human health and welfare is challenging. However, if we tie fairness and equity to getting the “prices” exactly right, the best will become the enemy of the good and we will sacrifice ecosystem services on the alter of excessive exactness. In terms of equity and ecosystem services, the precision of any particular monetized value is less important than that there be a value, and that the value is incorporated into legal and policy decisions. Existing legal models and institutional frameworks were not …

Forests, Protected Areas And The Payment For Ecosystem Services: Reserva Do Juma (State Of Amazonas- Brazil), Solange Teles Da Silva, Danielle De Ouro Mamed

Global Environmental Law at a Crossroads

In the State of Amazonas, the Climate Change, Environmental Conservation and Sustainable Development Policy Act adopted by State Law n. º 3.135/2007 has created a Program called “Bolsa Floresta”. In a pioneering way, this program was established with the aim of starting the payment for environmental services and products to traditional communities for the sustainable use of natural resources, conservation, environmental protection and encouragement of voluntary policies to reduce deforestation. This Program of “compensation” - “Bolsa Floresta” - is divided into four types: a) “Bolsa Floresta” Family b) “Bolsa Floresta” Association c) “Bolsa Floresta” Social and, d) “Bolsa Floresta” Income. …

Payment For Ecosystems Services: A Pathway For Environmental Conservation In Uganda, Emmanuel Kasimbazi

Global Environmental Law at a Crossroads

Ecosystem services are components of nature, directly enjoyed, consumed, or used to yield human well-being. They occur wherever plants, animals and people have interdependent relationships within the context of their physical environment. Payment for ecosystem services (PES) is a developing system which refers to payment for economic value of ecosystems. It is a scheme designed to provide incentives to individual landowners and local communities to conserve the environment. PES schemes seek to formulate a certain value to environmental services and establish appropriate pricing, institutional and redistribution systems that will lead to sustainable and socially optimal land use practices. These schemes …

The Relationship Of Ecosystem Services Valuation, Protection And Distribution With The Polluter-Pays Principle And The Provider-Gets Principle, Blaise-Pascal Ntirumenyerwa Mihigo, An Cliquet

Global Environmental Law at a Crossroads

This paper discusses the environmental, economic and social aspects of ecosystem services (ES) and their interactions with the polluter-pays principle and the provider-gets principle. The paper ends with observations concerning the theoretical and practical relationship of those principles with ES and Payment for Ecosystem Services (PES) programs.

ES have attracted increasing interest through PES as a mechanism which translates external, non-market values of the environment into real financial incentives for local actors to provide ES. The PES approach has inspired new incentives, innovative financing for ecosystem protection. The PES seeks to internalize what would otherwise be an externality. Here, we …

The Connection Between Natural Capital Productivity And Intergenerational Equity: Focus On Ecosystem Services, Laurel Pentelow

Global Environmental Law at a Crossroads

This paper will discuss measurement options and new policies that can contribute to the incorporation of ecosystem service values into economic measures, in particular productivity. Further, this work will highlight the linkage between such outcomes and the principle of intergenerational equity. A discussion of the challenges and ethical considerations which arise when dealing with valuing ecosystem services will also be included.

Despite an increasing trend towards considering and valuing ecosystem services in environmental policy decisions, there has been less movement towards including ecosystem service values within national measures of economic progress. Most discussion to date has focused on the inclusion …