Globally, species are being eradicated at an accelerated rate, up to 1000 times faster than the rate of natural species loss. This is primarily due to the reduction and degradation of species habitats. As biodiversity decreases, ecosystems risk losing significant ecological processes and functions, such as natural water purification. As a response to this pressing environmental problem, the international community has set a goal of halting the loss of biological diversity by 2020. The objective of this thesis is to analyze the current legal protection for biological diversity in forests and demonstrate how the goal of halting the loss of biodiversity can be implemented through law. In order to identify where legal measures might fall short of their goal or protecting biodiversity, the point of departure for this study has been to identify certain ecological structures of forest ecosystems that can be said to be of major importance for the conservation of biological diversity. The chosen structures represent not only levels on a spatial scale, but also reflect the need for separate regulatory techniques, if protection of biological diversity is to be formulated appropriately. One important legal issue addressed in this dissertation is how the legal protection of these ecological structures can be strengthened in relation to property rights. Furthermore, management of natural resources must address the complexity and uncertainties of ecosystems. How the legal system can meet such uncertainties, while ensuring legal certainty, is one of the topics addressed in this thesis. Adaptive management has been said to be a necessary tool for handling the complex and dynamic nature of ecosystems in the absence of complete knowledge or understanding of their functioning. Such management is also essential to handle the conflict of preserving biological diversity while meeting increasing demands on forest resources. By introducing legal requirements for adaptive environmental planning, I believe, the sustainable use of forest resources can more likely be ensured.
| Identifer | oai:union.ndltd.org:UPSALLA1/oai:DiVA.org:uu-179492 |
| Date | January 2012 |
| Creators | Forsberg, Maria |
| Publisher | Uppsala universitet, Juridiska institutionen, Uppsala |
| Source Sets | DiVA Archive at Upsalla University |
| Language | Swedish |
| Detected Language | English |
| Type | Doctoral thesis, monograph, info:eu-repo/semantics/doctoralThesis, text |
| Format | application/pdf |
| Rights | info:eu-repo/semantics/openAccess |
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