Download The Capacity of Nature Conservation Regulation to Facilitate

Suvi Borgström
Law School
University of Eastern Finland, Box 111, FI-80101 Joensuu, Finland
E-mail: [email protected]
The Capacity of Nature Conservation
Regulation to Facilitate Biodiversity
Adaptation to Climate Change
Background and objectives
Biological diversity is expected to come under increasing stress, and a number of
species are to become threatened with extinction on account of climate change.
Effective biodiversity adaptation policy calls for effective mechanisms for its
implementation. The existing conservation regimes may either fail to deal with the
complexities and uncertainties of climate change or act as actual barriers to effective
adaptation. Thus, the present traditional models of nature conservation regulation
require a careful re-evaluation in the era of climate change. The aim of the study was to
1) Develop criteria to assess regulation from the perspective of facilitating biodiversity
adaptation to climate change
2) Assess the regulatory system based on criteria developed
3) Provide conclusions on constraints, possibilities and changes required in regulation
to help biodiversity adapt to climate change
Photo: Markus Sirkka, image bank of the Env. Adm.
Assessment criteria
Conclusions of the analysis
The following criteria were identified as
important for the assessment of the
regulatory system from the perspective
of facilitating species adaptation to
climate change:
The contemporary regulatory system for
biodiversity conservation is inadequate
to support biodiversity adaptation to
climate change as :
Coverage: Does the regulatory
system include mechanisms which
aim to serve the following functions:
(i) protecting areas and their
management; (ii) enhancing
connectivity between protected
areas; (iii) ecosystem restoration;
and (iv) assisted migration
Robust monitoring: Does the
regulatory system include an
adequate monitoring system?
System feedback and adaptability of
decision making: Does the regulatory
system include mechanisms to
respond to new information?
Coordination between instruments:
Does the regulatory system provide a
means to coordinate decision-making
processes?
• It lacks adequate mechanisms for
restoration and other active
conservation measures
• It fails to conserve biodiversity in a
wider landscape and to enhance
connectivity
• Rules on protected areas
management and sites selection do
not take into account potential effects
of climate change
• The strict interpretation of norms
regulating invasive alien species may
stand in a way for using assisted
migration as an adaptation tool
• The adaptive capacity of regulation is
not harnessed to support species
adaptation to climate change:
• Requirements for monitoring are
inadequate
• Requirements for responding to
monitoring results on effects of
climate change on species are
inadequate
Policy recommendations
1) Mechanisms to enhance
ecosystem restoration and
connectivity should be
developed;
2) Robust monitoring system(s)
should be developed;
3) Requirements for adaptation
of decision making according
to new knowledge gained
should be established;
4) A strategic planning
framework to support
individual decision-making
processes should be
developed and/or;
5) Links between planning
and other regulatory
instruments should be
strengthened.
References
Borgström, Suvi: Assessing the Capacity of Nature Conservation Law to Help Biodiversity Adapt to Climate Change – the Case of Finland. Review of European
Community and International Environmental Law (accepted for publication)
Borgström, Suvi: Luonnonsuojelu ilmaston muuttuessa - Luonnonsuojelulain mahdollisuudet, rajat ja kehittämistarpeet, Ympäristöjuridiikka (2/2012)
Borgström, Suvi: Helping Biodiversity Adapt to Climate Change - Implications for Nature Conservation. Nordic Environmental Law Journal 1/2012, pp. 31-42