VOLUME 4:3 (2001)
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Main Article
Abtract
The Nanda Devi Biosphere Reserve (NDBR) in the western Himalayas is one of the important protected areas in India. In recognition of its conservation value, it was designated as a World Heritage Site by UNESCO in 1988. The Nanda Devi west peak (7817 m), the second highest in the country, attracted a large number of mountaineers and nature enthusiasts from all over the world until 1982. However, these activities were banned in 1982 because of the serious damage these activities caused to the biological and cultural diversity of the region. In 1988, an area of 2236 km2 was designated as NDBR. The ecological and socio-economic studies conducted after the ban revealed that there has been substantial improvement in the biodiversity of the region, while from a socio-economic point of view the ban proved to be disastrous due to loss of employment associated with mountaineering activities. Additionally, the ban on mountaineering activities, and an absence of alternative employment opportunities, forced local people to migrate from the area. Perception analysis revealed a communication gap between resources users and managers and thus engendered negative attitudes among local communities towards NDBR management. The potential of integrating resource conservation with socio-economic development was responded to positively by the local people. Problems and prospects of biodiversity conservation have been discussed in the light of the above findings in the NDBR.
Keywords
Nanda Devi Biosphere Reserve, Himalaya, peoplepark conflict, biodiversity conservation, people's participation
Abstract
As the United Nations Convention on the Law of the Sea (UNCLOS) establishes itself as one of the premier regimes in international law, member states are increasingly availing themselves of the significant dispute settlement provisions found in Part XV. The International Tribunal for the Law of the Sea (ITLOS) is beginning to take its place in the pantheon of major international tribunals. Although its jurisprudence thus far has largely consisted of applications for prompt release of vessels, these cases have arisen from disagreements over fishery practices and the enforcement of fishery laws by coastal states. The ITLOS is developing into a transparent, consistent and speedy forum to adjudicate marine disputes arising from UNCLOS. While the overall scope and reach of Part XV may be uncertain at the present time, especially vis-ŕ-vis other dispute settlement institutions, the early activity under Part XV is promising. Those concerned with marine wildlife issues should be encouraged by the potential of Part XV, the ITLOS in particular, to serve as an effective regime in the realm of marine wildlife dispute settlement.
Keywords
United Nations Convention on the Law of the Sea, dispute settlement, International Tribunal for the Law of the Sea, fisheries disputes
Abstract
The linkage between legitimate local participation and institutional/legal openness was demonstrated by an evaluation of the current freshwater fishery regulatory system in Venezuela as explicated in the 1944 Ley de Pesca (Law of the Fishery). By examining the current efficacy of Venezuela's freshwater fishery laws and government openness to local input, this case-study illustrates barriers to community-based management (CBM) created by top-down management paradigms and hierarchical legal frameworks. Analysis of a proposed CBM project in Venezuela indicates that enabling institutions and legislation are necessary for effective long-term, decentralized freshwater fishery management. Social learning is considered as an approach for making the political and legal climate more amenable to local input. The intent is to further clarify how the union of what is legal and what is civil in a society can enhance the capacity and potential of management devolution and therefore bring us closer to achieving sustainable natural resource use.
Keywords
biodiversity, local knowledge, participation, social learning, sustainability