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A legal-ecological understanding of Favourable Conservation Status for species in Europe
Uppsala University, Disciplinary Domain of Humanities and Social Sciences, Faculty of Law, Department of Law.
Oviedo University and Swedish University of Agricultural Sciences.
Swedish University of Agricultural Sciences.
2016 (English)In: Conservation Letters, ISSN 1755-263X, E-ISSN 1755-263X, Vol. 9, no 2, 81-88 p.Article in journal (Refereed) Published
Abstract [en]

Legislation for the preservation of biodiversity has been instrumental to the recovery of multiple species and habitats. The European Habitats Directive 92/92/EEC is one of the strongest legal tools in nature conservation. This Directive seeks to achieve its biodiversity goals by requiring EU Member States to take measures to reach or maintain Favourable Conservation Status (FCS) of natural habitats and species in Europe. FCS is a legal concept, but must be understood and applied by scientists, managers and policy makers, and therefore a proper interpretation of this concept is crucial for biodiversity conservation and wildlife management. However, its definition contains several aspects that can lead to misinterpretation, being the core of controversies in determining whether or not populations have reached FCS. In this review, we provide legal and ecological clarifications of the most contested aspects of FCS that have not yet been conclusively settled by analyzing and weighting a variety of sources.

Place, publisher, year, edition, pages
Chichester, West Sussex: Wiley-Blackwell, 2016. Vol. 9, no 2, 81-88 p.
Keyword [en]
Environmental law; favourable conservation status, Habitats Directive
National Category
Law Ecology
Identifiers
URN: urn:nbn:se:uu:diva-260447DOI: 10.1111/conl.12200ISI: 000374778600001OAI: oai:DiVA.org:uu-260447DiVA: diva2:847160
Projects
Claws and Laws
Funder
Swedish Environmental Protection Agency, NV-06589-113
Available from: 2015-08-19 Created: 2015-08-19 Last updated: 2017-03-28Bibliographically approved
In thesis
1. The Big Bad EU? Species Protection and European Federalism: A Case Study of Wolf Conservation and Contestation in Sweden
Open this publication in new window or tab >>The Big Bad EU? Species Protection and European Federalism: A Case Study of Wolf Conservation and Contestation in Sweden
2017 (English)Doctoral thesis, comprehensive summary (Other academic)
Abstract [en]

This dissertation examines how eco-knowledge intersects with the changes to EU legal cultures and practices known as eurolegalism. This conjunction has created a mechanism for the extension of EU law in the Member States even in the face of a weakened EU.

Through a portfolio of six articles, controversies over the protection of wolves in Sweden are used to illustrate and explicate the changing roles and responsibilities of various actors in protecting species, and the centralization of competence for environmental protection in Europe at the EU level. In doing so, some substantive requirements of the Habitats Directive are also analyzed. The first article maps the movement of competence to determine conservation policy towards the EU level and away from international and Member State actors. The second article examines what the EU requires of its Member States by analyzing the Habitats Directive’s key concept, favourable conservation status. It also makes normative arguments for how contested aspects of this concept should be interpreted to best achieve the Directive’s conservation goals. The third article deepens this analysis by applying these arguments to the Swedish wolf population. The fourth article is a case commentary illustrating the enforcement of the Habitats Directive through public interest litigation to stop the hunting of Swedish wolves. The fifth argues that the greater availability of public interest standing in the US than in the EU has led to the greater implementation of federal law. The sixth argues that greater availability of public interest litigation in Sweden than previously is also leading to the greater enforcement of “federal” EU law. Each of these articles demonstrates or explains factors that lead to the hollowing out of state power in favor of the EU and interest groups.

Place, publisher, year, edition, pages
Uppsala: Department of Law, 2017. 63 p.
Keyword
Habitats Directive, species protection, subsidiarity, Endangered Species Act
National Category
Law
Identifiers
urn:nbn:se:uu:diva-318698 (URN)978-91-506-2632-2 (ISBN)
Public defence
2017-05-19, Room 4573, Gamla Torget 6, Uppsala, 10:15 (English)
Opponent
Supervisors
Funder
Swedish Environmental Protection Agency
Note

Cover photo by Guillaume Chapron

Available from: 2017-04-26 Created: 2017-03-28 Last updated: 2017-05-02

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