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Justin Duncan, B.Sc., LL.B., Dip.RNS (pending)
Over the past several decades, nations have increasingly adopted internationally recognized environment and resource management principles into domestic environmental law and policy. There are currently at least 11 such principles that are widely recognized or emergent and relevant in the context of ecological restoration: polluter pays principle, precautionary principle, pollution prevention, sustainability, intergenerational equity, inherent/intrinsic value, ecosystem approach, cumulative effects, ecological integrity, environmental rights and environmental justice, and rights of Indigenous Peoples. In preparation for the Decade on Ecological Restoration, in 2019 the UN identified barriers to achieving restoration objectives. One barrier is “the relative scarcity of legislation, policies, regulations, tax incentives and subsidies that incentivise a shift in investments towards large scale restoration and production systems, value chains and infrastructure that do not degrade ecosystems.” This presentation will review Canadian domestic law as a case study to assess whether the suite of internationally-recognized environment and resource management principles incorporated into domestic law to date are sufficient to achieve the objectives of the UN Decade on Ecological Restoration. It will be the conclusion of this presentation that domestic legislative and regulatory reform is necessary to catalyze the scale of restoration envisaged by the UN Decade on Ecological Restoration and a broad prescription for reform will be provided. It is anticipated that this prescription will be equally relevant to reform in other nations.
Conference Presentation, SER2021
Pre-approved for CECs under SER's CERP program