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Publisher's description: Contains the proceedings of the Colloquium on Landscape Conservation Law that took place in Paris in 1998. Its central theme was the draft European Landscape Convention prepared by the Council of Europe, the first of its kind. Since 1998, the draft has evolved, and has reached its almost final form. In addition to considering the draft Convention, the Colloquium also explored the elements of landscape conservation law in various parts of the world.
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Once the exclusive prerogative of domaine réservé, landscape has gained increasing importance in international law in recent years. Since the introduction of cultural landscapes within the UNESCO World Heritage Convention, and particularly since the adoption of the European Landscape Convention (ELC), emphasis has shifted beyond a scenic, preservationist approach towards a more dynamic, human-centred one. The focus is not only on outstanding landscapes, but also on the everyday and degraded landscapes where most people live and work. Landscape is land shaped by people, after all, and its protection, management and planning have a number of implications for democracy, human rights and spatial justice. Despite these links, however, there has been little legal scholarship on the topic. How does international law, which deals for the most part with universality, deal with something so region-specific and particular as landscape? What is the legal conception of landscape and what are the various roles played by international law in its protection? Amy Strecker assesses the institutional framework for landscape protection, analyses the interplay between landscape and human rights, and links the etymology and theory of landscape with its articulation in law.
The United States has made a remarkable commitment to nature conservation on the federal public lands. The country's existing array of national parks, wilderness areas, national monuments, wildlife refuges, and other protective designations encompasses roughly 150 million acres, or nearly 40 percent of the “lower 48” federal estate. A robust land trust movement has protected another 56 million acres of privately owned lands. Advances in scientific knowledge reveal that these protected enclaves, standing alone, are insufficient to protect native ecosystems and at-risk wildlife from climate change impacts and unrelenting development pressures. Abetted by existing law, conservation policy is now focusing on the larger landscape to preserve biological diversity and to promote ecological resilience as principal management goals. This growing emphasis on landscape-scale conservation is evident in various protected area complexes that have arisen organically across the federal estate in places as diverse as the Greater Yellowstone Ecosystem, California's Mojave Desert, and Colorado's San Luis Valley. To fully capitalize on these ad hoc developments, this article makes the case for a new National Conservation Network Act to legitimize and expand upon these protected areas. It first reviews the origins and evolution of the nation's protected land systems and related nature conservation strategies, and then identifies the scientific and legal developments underlying landscape-scale conservation strategies. Next, it highlights several emergent protected area complexes evident on the public lands, explaining their diverse origins and important conservation contributions. It concludes by proposing new legislation that would place a statutory umbrella over these protected complexes, mandate effective interagency coordination within them, enlist private lands as voluntary “affiliates” in these conservation efforts, and establish new wildlife corridor and restoration area designations. The proposed law would validate the current movement toward landscape conservation, and thus amplify the federal commitment to nature conservation to meet the challenges looming ahead.
Once the exclusive prerogative of domaine réservé, landscape has gained increasing importance in international law in recent years. Since the introduction of cultural landscapes within the UNESCO World Heritage Convention, and particularly since the adoption of the European Landscape Convention (ELC), emphasis has shifted beyond a scenic, preservationist approach towards a more dynamic, human-centred one. The focus is not only on outstanding landscapes, but also on the everyday and degraded landscapes where most people live and work. Landscape is land shaped by people, after all, and its protection, management and planning have a number of implications for democracy, human rights and spatial justice. Despite these links, however, there has been little legal scholarship on the topic. How does international law, which deals for the most part with universality, deal with something so region-specific and particular as landscape? What is the legal conception of landscape and what are the various roles played by international law in its protection? Amy Strecker assesses the institutional framework for landscape protection, analyses the interplay between landscape and human rights, and links the etymology and theory of landscape with its articulation in law.
H.R. 2016, National Landscape Conservation System Act: legislative hearing before the Subcommittee on National Parks, Forests, and Public Lands of the Committee on Natural Resources, U.S. House of Representatives, One Hundred Tenth Congress, first session, Thursday, June 7, 2007.
Associating social justice with landscape is not new, yet the twenty-first century's heightened threats to landscape and their impact on both human and, more generally, nature's habitats necessitate novel intellectual tools to address such challenges. This book offers that innovative critical thinking framework. The establishment of the Universal Declaration of Human Rights (UDHR) in 1948, in the aftermath of Second World War atrocities, was an aspiration to guarantee both concrete necessities for survival and the spiritual/emotional/psychological needs that are quintessential to the human experience. While landscape is place, nature and culture specific, the idea transcends nation-state boundaries and as such can be understood as a universal theoretical concept similar to the way in which human rights are perceived. The first step towards the intellectual interface between landscape and human rights is a dynamic and layered understanding of landscape. Accordingly, the 'Right to Landscape' is conceived as the place where the expansive definition of landscape, with its tangible and intangible dimensions, overlaps with the rights that support both life and human dignity, as defined by the UDHR. By expanding on the concept of human rights in the context of landscape this book presents a new model for addressing human rights - alternative scenarios for constructing conflict-reduced approaches to landscape-use and human welfare are generated. This book introduces a rich new discourse on landscape and human rights, serving as a platform to inspire a diversity of ideas and conceptual interpretations. The case studies discussed are wide in their geographical distribution and interdisciplinary in the theoretical situation of their authors, breaking fresh ground for an emerging critical dialogue on the convergence of landscape and human rights.