Not all conservation “policy” is created equally: When does a policy give rise to legally binding obligations?
Abstract In many countries, complex environmental problems such as biodiversity decline are regulated at the national level by a disparate range of laws and nonstatutory policy instruments variously described by terms including plans, strategies, guidelines, statements of intent, and/or incentives....
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| Format: | Article |
| Language: | English |
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Wiley
2024-11-01
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| Series: | Conservation Letters |
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| Online Access: | https://doi.org/10.1111/conl.13054 |
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| author | Justine Bell‐James Rose Foster Miguel Frohlich Carla Archibald Claudia Benham Megan Evans Pedro Fidelman Tiffany Morrison Liza Rolim Baggio Peter Billings Nicole Shumway |
| author_facet | Justine Bell‐James Rose Foster Miguel Frohlich Carla Archibald Claudia Benham Megan Evans Pedro Fidelman Tiffany Morrison Liza Rolim Baggio Peter Billings Nicole Shumway |
| author_sort | Justine Bell‐James |
| collection | DOAJ |
| description | Abstract In many countries, complex environmental problems such as biodiversity decline are regulated at the national level by a disparate range of laws and nonstatutory policy instruments variously described by terms including plans, strategies, guidelines, statements of intent, and/or incentives. Such instruments are often grouped together by conservation policymakers and scientists under the umbrella term “policy.” However, from a legal perspective, there are critical differences between these so‐called policy instruments. In this paper, we focus on what we consider to be the critical difference: whether a policy instrument is binding, and therefore whether an administrative decision (e.g., about a development proposal) can be legally challenged due to noncompliance with that policy instrument. Drawing from international examples, the aim of this paper is to give conservation policymakers and scientists the guidance needed to critically differentiate between laws and nonstatutory policy, assess current or proposed policies, and determine whether a nonstatutory instrument gives rise to binding obligations, thus allowing for decisions to be challenged before a court. In doing so, we encourage conservation scientists, policymakers, activists, and practitioners to reflect critically on what is possible and not possible when nonstatutory “policy” instruments are designed and implemented. |
| format | Article |
| id | doaj-art-4f3cd7c3a3ce4ff0821cec1abc21ff2a |
| institution | OA Journals |
| issn | 1755-263X |
| language | English |
| publishDate | 2024-11-01 |
| publisher | Wiley |
| record_format | Article |
| series | Conservation Letters |
| spelling | doaj-art-4f3cd7c3a3ce4ff0821cec1abc21ff2a2025-08-20T01:56:32ZengWileyConservation Letters1755-263X2024-11-01176n/an/a10.1111/conl.13054Not all conservation “policy” is created equally: When does a policy give rise to legally binding obligations?Justine Bell‐James0Rose Foster1Miguel Frohlich2Carla Archibald3Claudia Benham4Megan Evans5Pedro Fidelman6Tiffany Morrison7Liza Rolim Baggio8Peter Billings9Nicole Shumway10TC Beirne School of Law The University of Queensland St Lucia Queensland AustraliaTC Beirne School of Law The University of Queensland St Lucia Queensland AustraliaCentre for Policy Futures The University of Queensland St Lucia Queensland AustraliaCentre for Integrative Ecology, School of Life and Environmental Sciences Deakin University Burwood Victoria AustraliaSchool of the Environment The University of Queensland St Lucia Queensland AustraliaSchool of Business University of New South Wales Canberra at ADFA Canberra Australian Capital Territory AustraliaCentre for Policy Futures The University of Queensland St Lucia Queensland AustraliaAustralian Research Council Centre of Excellence for Coral Reef Studies James Cook University Townsville Queensland AustraliaTC Beirne School of Law The University of Queensland St Lucia Queensland AustraliaTC Beirne School of Law The University of Queensland St Lucia Queensland AustraliaCentre for Biodiversity and Conservation Science The University of Queensland St Lucia Queensland AustraliaAbstract In many countries, complex environmental problems such as biodiversity decline are regulated at the national level by a disparate range of laws and nonstatutory policy instruments variously described by terms including plans, strategies, guidelines, statements of intent, and/or incentives. Such instruments are often grouped together by conservation policymakers and scientists under the umbrella term “policy.” However, from a legal perspective, there are critical differences between these so‐called policy instruments. In this paper, we focus on what we consider to be the critical difference: whether a policy instrument is binding, and therefore whether an administrative decision (e.g., about a development proposal) can be legally challenged due to noncompliance with that policy instrument. Drawing from international examples, the aim of this paper is to give conservation policymakers and scientists the guidance needed to critically differentiate between laws and nonstatutory policy, assess current or proposed policies, and determine whether a nonstatutory instrument gives rise to binding obligations, thus allowing for decisions to be challenged before a court. In doing so, we encourage conservation scientists, policymakers, activists, and practitioners to reflect critically on what is possible and not possible when nonstatutory “policy” instruments are designed and implemented.https://doi.org/10.1111/conl.13054conservation actionconservation planningenvironmental lawenvironmental legislationenvironmental planningenvironmental policy |
| spellingShingle | Justine Bell‐James Rose Foster Miguel Frohlich Carla Archibald Claudia Benham Megan Evans Pedro Fidelman Tiffany Morrison Liza Rolim Baggio Peter Billings Nicole Shumway Not all conservation “policy” is created equally: When does a policy give rise to legally binding obligations? Conservation Letters conservation action conservation planning environmental law environmental legislation environmental planning environmental policy |
| title | Not all conservation “policy” is created equally: When does a policy give rise to legally binding obligations? |
| title_full | Not all conservation “policy” is created equally: When does a policy give rise to legally binding obligations? |
| title_fullStr | Not all conservation “policy” is created equally: When does a policy give rise to legally binding obligations? |
| title_full_unstemmed | Not all conservation “policy” is created equally: When does a policy give rise to legally binding obligations? |
| title_short | Not all conservation “policy” is created equally: When does a policy give rise to legally binding obligations? |
| title_sort | not all conservation policy is created equally when does a policy give rise to legally binding obligations |
| topic | conservation action conservation planning environmental law environmental legislation environmental planning environmental policy |
| url | https://doi.org/10.1111/conl.13054 |
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