Law Environmental / Energy Law

Conservation and Recreation in Protected Areas: A Comparative Legal Analysis of Environmental Conflict Resolution in the United States and China

By Yun Ma
Routledge June 2016

Specifications

ISBN-13
9781472475275
Publisher
Routledge
Publication
June 2016
Format
Hardback
Jurisdiction
U.K. ? Countri(es) for reference only

Details

This book provides a comprehensive and up to date comparative study of the management and resolution of conflicts between conservation and recreation in protected areas in the US and China. Competing claims on the use of nature, increasing regulation of land use and recreational activities, and the conflicting goals between conservation and development have led to a rise in conflicts in the designation and management of protected areas. How to effectively manage and resolve these conflicts has become a challenge for both legislators and managers.

By adopting an institutional dimension in legal interpretation, this book critically examines how such conflicts are dealt with in the legal regimes of the US and China while exploring interactions between legislatures, agencies and courts. The book searches for a plausible solution to improve the legal framework of protected areas in China by emulating pertinent mechanisms developed in the US, whilst also presenting legal and policy recommendations to the US.

This informative book will be useful for legal scholars in Chinese law, nature conservation law, administrative law and comparative law.

Table of Contents

Preface
Introduction
Part I Conflicts in Theory: Concepts, Institutions and Rationale: Schemes of protected areas: historical, structural and institutional perspectives
Resolving conflicts in protected areas: rationale, principles and the institutional approach
Part II Country Studies - United States: The legal framework of protected areas in the United States
The formation of conflicts in public land designation and management
Resolution of conflicts in legislation and policies: assessing the legal foundations
Resolution of conflicts: a judicial perspective
Part III Country Studies - China: The legislative and policy frameworks of protected areas in China
The formation of conflicts in the designation and management of protected areas in China
The resolution of conflicts in law and practice in China
Pudacuo National Park and beyond in Yunnan Province: national parks envisioned and national parks in practice
Comparative observations, conclusions and recommendations
Appendices
Bibliography
Index.
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