Jul 31 2017

The Privatisation of Biodiversity? New Approaches to Conservation Law

Reviewed by J. W. Chun, Massachusetts Institute of Technology

Creating new ways of thinking about the value of biodiversity and hence new opportunities for biodiversity law and regulation

The Privatisation of Biodiversity

by Colin T. Reid and Walters Nsoh The Privatisation of Biodiversity? New Approaches to Conservation Law, Edward Elgar Publishing, 2016, 275 pp.

Despite many laws and policies aimed at protecting biodiversity, biodiversity losses continue to mount. Colin T. Reid and Walters Nsoh explore biodiversity regulation from a new perspective: as a value-creating opportunity rather than a set of restrictions. Their aim “is to identify not a single favoured solution, but the questions which have to be answered in designing a scheme that will meet the needs of the specific policy goals and the legal and physical context in which the mechanism is to be deployed.”

Reid and Nsoh divide their book into two sections. The first offers an overview of existing laws and regulations. The authors review some of the most “pervasive” issues surrounding various mechanisms used to conserve biodiversity. Although not exhaustive, their list includes uncertainty, exchangeability and units of trade, which must be considered in the design and implementation of new, market-oriented mechanisms. These pervasive issues have to be taken into account no matter what options are considered for better managing natural capital.

The second section of the book introduces a wide range of biodiversity protection mechanisms and discusses their practicalities. For each, the relevant legal construct and the actors typically involved are discussed. The authors emphasize that various mechanisms could almost always be applied. However, they argue that a more open, accountable, and holistic approach would be preferable.

The authors admit that there are limitations to their approach; for instance, it is rooted in “Western” concepts of law (i.e., they have a UK perspective). This may undermine its viability in certain contexts, limiting its application in locations where new mechanisms are needed the most. The Privatisation of Biodiversity is carefully organized, drawing attention to the importance of looking at biodiversity from a number of angles, particularly through a lens of market-driven mechanisms. The book provides a starting point for those who want to think about local biodiversity in new ways.


Mar 27 2015

GREENING BERLIN: THE CO-PRODUCTION OF SCIENCE, POLITICS AND URBAN NATURE

Reviewed by Michal Russo, Tufts University

Legitimization of knowledge production occupies the central story of landscape planning in Berlin.

9780262018593_0 copyGreening Berlin: The Co-Production of Science, Politics and Urban Nature, by Jens Lachmund, MIT Press, 2013

Lachmund’s Greening Berlin offers a rich and historically-exceptional case study to aid scholars in understanding the meaning of “co-producing knowledge,” “boundary objects” and “alternative framing.” Lachmund’s writing can be a bit dense with academic jargon, but the narrative has importance far beyond the field of urban ecology. In the concluding chapter, Lachmund says that “to resolve environmental conflicts what is needed is not just a proliferation of more knowledge,” but “public reflection on how we know what we know.” Such knowledge, he adds, is “not self-evident, but is shaped and negotiated in situated regimes of nature” (236). This legitimization of knowledge production occupies the central story of nearly a century of landscape planning in Berlin. Dates, names, and events comprise the behind-the-scenes story of why certain policies and actions were chosen over others.

Lachmund describes the many tensions that arose in protecting Berlin’s natural areas, echoing Hajer’s sentiment that “public environmental discourses should be seen as assemblages of heterogeneous voices and motives whose intrinsic ambivalence persists under the umbrella of seemingly coherent story lines” (224). These differences result in “compensatory conflicts,” or differences in priorities and tradeoffs across impacts and their interpretations (when assessing ecological knowledge). Lachmund’s protagonists struggle to determine what should count as nature, its value and its function.

Lachmund explains that the conditions surrounding knowledge production in Berlin differed considerably from academic fieldwork. The very practices of observation were reshaped to accommodate issues of evaluation, operationalization, and standardization of institutional and political structures. Far from neutral technical input, ecological knowledge used to resolve compensatory conflicts was up for re-interpretation by interested parties. Lachmund asserts that the city’s ecological surveys took the form of boundary objects, reshaping both the scientific method for assessing ecology in the city as well as how environmental issues were framed and engaged with by citizens. Ultimately, he attributes the success of the program to the “co-production of an urban nature regime which exceeded the formal boundaries of science” through a “mutually constitutive interaction of knowledge generation and politics of species preservation.”


Sep 11 2014

RIVER REPUBLIC: THE FALL AND RISE OF AMERICA’S RIVERS

Reviewed by Sudhirendar Sharma, Independent Reviewer

An authoritative exposé of the political economy of river management in the United States

River Republic: The Fall and Rise of America’s Rivers, Colombia University Press, 2012

Dictatorships are loathed the world over for the fatalities they cause. But rarely have democracies been reprimanded for the living rivers they destroy. Isn’t it a fact that the United States of America has led the world in inflicting grievous damage on its rivers?

It indeed is! In its two centuries of experience in manhandling rivers, the US Army Corps of Engineer has dammed, diverted and dried up nearly all the country’s rivers. It apparently never occurred to this elite force that moving water could also be a resource. Pouring concrete to impound or divert flows has prevailed as a water development strategy known as ‘water hubris’ guiding river management. As a result, some 3.3 million small and big dams have converted free-flowing rivers into a series of interconnected reservoirs in the US. Yet none of these projects have lived up to the promise of being self-sustaining. Annual maintenance expenditures alone have caused the initial cost–benefit calculus to go haywire.

Dam building and river engineering generate sufficient political capital to sustain themselves while water projects have become instruments of power, prestige and political gamesmanship. To get a sense of how water hubris has been nurtured, Daniel McCool, Professor of Political Science at the University of Utah, provides bio-sketches of two leading agencies: the US Army Corps of Engineers and the US Bureau of Reclamation. Through their relentless pursuit to “curb the sinful rivers,” these two agencies have turned water hubris into a moral right, almost in religious terms, to conquer rivers. No wonder, then, that calls for new water projects are almost always accompanied by dire projections of impending “water crises.” The actual crisis is that the real requirements of water management are lost in the din.

The collapse of the Teton Dam on World Environment Day in 1976 may have been the tipping point. From a 27 km long reservoir, 80 billion gallons of water swept through the 305-feet-high earth-filled dam killing about a dozen people in Rexburg, Idaho. Ironically, the disintegration of the Machhu Dam in Gujarat in 1979, which killed as many as 25,000, hasn’t had any impact on the prevailing water hubris in India.

It has been officially acknowledged that there are 15,237 dams in the US with high hazard potential. As many as 890 of these dams have been dismantled due to public outrage. Water hubris appears to be giving way to a new water ethic in the US. Inspiring accounts of citizen triumphs against the institutionalized annihilation of rivers are worth emulating.

McCool confirms that not only has the status quo been challenged, but that some rivers are returning to their free-flowing condition. River instigators are working their way through a maze of institutional obstacles. River restoration is now something of a cottage industry. Indeed, there are as many as 2,500 non-profit groups in the US partnering with the agencies that originally built the dams now working to restore rivers to their pristine status.

River Republic is an authoritative exposé of the political economy of river management in the United States. McCool stresses that the great challenge for this generation is to figure out a way to reverse the downward corkscrew of our rivers before we reach a point where there is nothing left to save.

Personal anecdotes and insightful analysis make it an important book. River Republic offers essential lessons for entrenched water bureaucracy.

 



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