Ecological Restoration Law Ecological restoration is as essential as sustainable development for the health of the biosphere Restoration, however, has been a low priority of most countries’ environmental laws, which tend to focus narrowly on rehabilitation of small, discrete sites rather than the more ambitious recovery of entire ecosystems and landscapes Through critical theoretical perspectives and topical cases studies, this book’s diverse contributors explore a more ambitious agenda for ecological restoration law Not only they investigate current laws and other governance mechanisms; they also consider the philosophical and methodological bases for the law to take ecological restoration more seriously Through exploration of themes relating to time, space, geography, semiotics, social justice, and scientific knowledge, this book offers innovative and critical insights into ecological restoration law Professor Afshin Akhtar-Khavari is at Queensland University of Technology, Australia Professor Benjamin J Richardson is based at the University of Tasmania, Australia Law, Justice and Ecology Series editor: Anna Grear, Law School, Cardiff University, UK For information about the series and details of previous and forthcoming titles, see www.routledge.com/Law-Justice-and-Ecology/book-series/LAWJUSTECO Ecological Restoration Law Concepts and Case Studies Edited by Afshin Akhtar-Khavari and Benjamin J Richardson First published 2019 by Routledge Park Square, Milton Park, Abingdon, Oxon OX14 4RN and by Routledge 52 Vanderbilt Avenue, New York, NY 10017 A GlassHouse book Routledge is an imprint of the Taylor & Francis Group, an informa business © 2019 selection and editorial matter, Afshin Akhtar-Khavari and Benjamin J Richardson; individual chapters, the contributors The right of Afshin Akhtar-Khavari and Benjamin J Richardson to be identified as the authors of the editorial material, and of the authors for their individual chapters, has been asserted in accordance with sections 77 and 78 of the Copyright, Designs and Patents Act 1988 All rights reserved No part of this book may be reprinted or reproduced or utilised in any form or by any electronic, mechanical, or other means, now known or hereafter invented, including photocopying and recording, or in any information storage or retrieval system, without permission in writing from the publishers Trademark notice: Product or corporate names may be trademarks or registered trademarks, and are used only for identification and explanation without intent to infringe British Library Cataloguing in Publication Data A catalogue record for this book is available from the British Library Library of Congress Cataloging-in-Publication Data Names: Evans, Matthew, (Political scientist), editor Title: Transitional and transformative justice : critical and international perspectives / edited by Matthew Evans Description: Abingdon, Oxon [UK] ; New York, NY : Routledge, 2019 | Series: Transitional justice | Includes bibliographical references and index Identifiers: LCCN 2018045125 | ISBN 9781138478510 (hbk) Subjects: LCSH: Transitional justice | Restorative justice | Reparation (Criminal justice) | Political crimes and offenses Classification: LCC K5250 T73 2019 | DDC 340/.115 dc23 LC record available at https://lccn.loc.gov/2018045125 ISBN: 978-1-138-60501-5 (hbk) ISBN: 978-0-429-46831-5 (ebk) Typeset in Galliard by Taylor & Francis Books Contents List of contributors Ecological restoration and the Anthropocene vii AFSHIN AKHTAR-KHAVARI AND BENJAMIN J RICHARDSON PART Concepts of ecological restoration law The social life of plants and trees and the limits of environmental law’s recovery imagination 27 29 AFSHIN AKHTAR-KHAVARI Timescapes of ecological restoration 50 BENJAMIN J RICHARDSON The story of stewardship and ecological restoration 72 EMILY BARRITT Ecological reconciliation on private agricultural land: moving beyond the human–nature binary in property-environment contests 93 ROBYN BARTEL AND NICOLE GRAHAM Linking restoration science and law 119 AN CLIQUET AND KRIS DECLEER The green financing of ecosystem restoration FROUKJE MARIA PLATJOUW 142 vi Contents PART Case studies of ecological restoration law Legal considerations in operationalizing eco-restoration in the European Union: a Sisyphean task or unlocking existing potential? 165 167 HENDRIK SCHOUKENS Public participation and socio-economic justice in eco-restoration law and governance: the UN Environment–Ogoniland case study 192 UZUAZO ETEMIRE AND MENES ABINAMI MUZAN 10 Motivating ecological restoration by private landowners through special purpose districts 214 ANASTASIA TELESETSKY 11 Reconstructing the environment: perception and change in Australia’s Murray-Darling Basin 240 FRANCINE ROCHFORD 12 Reforming restoration law to support climate change adaptation 265 PHILLIPA C MCCORMACK Index 288 Contributors Afshin Akhtar-Khavari is a professor of international law and governance at the Queensland University of Technology, Australia, where he is also the director of a research program in international law and global governance Afshin has published extensively in international environmental law; his most recent contributions to the restoration literature include a co-authored book published by Routledge titled Ecological Restoration in International Environmental Law and the 2017 special issue collection on ‘Eco-Restoration and the Law’ in the Griffith Law Review His research examines and imagines new ethical foundations for international environmental law He is currently working on a monograph examining the importance of the Ramsar Convention for conserving and restoring wetlands Emily Barritt is a lecturer at The Dickson Poon School of Law at King’s College London, UK, where she teaches courses on tort, environmental law and public interest litigation She has a BA in Jurisprudence from the University of Oxford, UK and a PhD from King’s College London She has previously taught environmental law at the University of Oxford In 2015 she was a Research Fellow at the Centre for Environment, Energy and Natural Resource Governance, University of Cambridge, UK, working on a United Nations Environment Programme project developing legal options for a new implementing agreement on the protection of marine biodiversity for the UN Law of the Seas Convention Emily’s research considers the nature of environmental justice, rights, democracy and stewardship Her forthcoming monograph is The Foundations of the Aarhus Convention Robyn Bartel is a multi-award-winning associate professor with wide-ranging expertise in geography, law and education Known internationally for her contribution to legal geography, her research encompasses regulation, regulatory agencies and the regulated, as well as the social, institutional and natural landscape in which all are situated Her work has been influential in environmental policy development, heavily cited in the scholarly literature, and handpicked for prestigious international collections and seminal texts in environmental law Robyn designed and introduced the Bachelor of Sustainability at the University of New England, Australia, one of the first programmes of its kind Robyn is a viii List of contributors founding member of AELERT, the Australasian Environmental Law Enforcement and Regulators Network, and the Legal Geography Study Group of the Institute of Australian Geographers An Cliquet is a professor of international environmental and biodiversity law at Ghent University, Belgium Her research is situated in the field of international, European and national biodiversity law, and encompasses both marine and terrestrial biodiversity law She is involved in research or supervising PhD research on ecological restoration, climate change and nature conservation; ecological refugees; gender and biodiversity; protection of ecosystem services; a rights-based approach to conservation; the protection of the Congo Basin; health and biodiversity; wildlife trade; the legal protection of urban biodiversity; the protection of transboundary watercourses under biodiversity law; and the protection of the environment during armed conflict She teaches courses on international and European environmental and biodiversity law, law and ethics on marine nature conservation, as well as some courses on public international law in general Kris Decleer is a senior researcher at the Research Institute for Nature and Forest, based in Brussels, Belgium His research mainly encompasses studies on wetland management and restoration, and landscape ecology in general For many years he has coordinated numerous consultancy projects in the field of ecological restoration, nature management, spatial planning and nature policy development for a variety of governmental organizations and other target groups Since 2009 he has been guest lecturer at the University of Antwerp, the Netherlands, in the Master’s training course on habitat conservation and restoration He is co-founder (2006) and an active board member of the European Chapter of the Society for Ecological Restoration (SER) and has served as a member of the Board of Directors of SER International since 2011, where he attempts to contribute to bridging the gap between the scientific world on one hand and the world of practitioners and policy makers at the other hand In his spare time, he is responsible for the management of a wetland nature reserve, where he build up restoration experience in all its practical aspects Uzuazo Etemire is a Senior Lecturer in the Faculty of Law, University of Port Harcourt, Nigeria and the Acting Head of the Faculty’s Department of Jurisprudence and International Law Dr Etemire holds an LLB, LLM and PhD in Law degrees from the University of Benin, Nigeria, University of Nottingham and University of Strathclyde, both UK, respectively He is called to the Nigerian Bar, and is a Fellow of the Higher Education Academy, UK In 2017, Dr Etemire was a Visiting Scholar at the University of Barcelona, Spain, where he furthered his primary research interest in the field of Environmental Law In this area of the law, he has participated in several conferences as well as research projects and has published widely in major peer-reviewed journals Dr Etemire is the recipient of several academic scholarships and awards, and is the author of the book Law and Practice on Public Participation in Environmental Matters: List of contributors ix The Nigerian Example in Transnational Comparative Perspective, published in 2016 by Routledge Nicole Graham is an Associate Professor of Law at the Sydney Law School, the University of Sydney, Australia She teaches and researches in the fields of property law and theory, and legal geography Nicole has written on the relationships between law, environment and culture with a particular focus on property rights, natural resource regulation and the concept and experience of place Nicole has received teaching awards for her work teaching property law, is recognised as a highly effective first-year specialist, and has made significant contributions to educational development in embedding Indigenous laws and perspectives into the law curriculum, and in sustainability in legal education Phillipa McCormack is a lecturer in administrative law and legal research methods at the University of Tasmania, Australia Phillipa graduated from the University of Tasmania in 2007 with a combined degree in social ecology and law (first class honours) and a university medal She was admitted to practice and worked as a solicitor at an international commercial law firm in government and environmental law, before taking up a position as an associate to the Honourable Justice Lasry at the Supreme Court of Victoria, Australia She was recently awarded a doctorate for her thesis, ‘Australia’s Legal Frameworks for Biodiversity Conservation: Facilitating Adaptation in a Rapidly Changing World’ Her work is cross-disciplinary and she has published with lawyers, scientists and policy makers in a range of scientific and legal journals on the challenges of climate change for biodiversity conservation Menes Abinami Muzan is a Lecturer in the Department of Public Law, Faculty of Law, University of Port Harcourt, Nigeria, where he also doubles as Research Editor in the UNIPORT Journal of Public Law, an annual peerreviewed journal published under the auspices of the Department of Public Law He holds an LLB from the Rivers State University, Port Harcourt and an LLM in Environmental Law from the School of Oriental and African Studies (SOAS), University of London, UK He is a Barrister and Solicitor of the Supreme Court of Nigeria, and is currently a Doctoral Researcher at the Birmingham Law School, University of Birmingham, UK where he is studying for a PhD in Environmental Law under the Tertiary Education Trust Fund He has published several articles in leading peer-reviewed journals on critical aspects of environmental law and is the recipient of several academic scholarships and awards Froukje Maria Platjouw is a researcher at the Norwegian Institute for Water Research and a post-doctoral research fellow at the University of Oslo, Scandinavian Institute for Maritime Law, Norway She graduated from the University of Groeningen, the Netherlands in 2006 and the University of Oslo in 2008 with degrees in public international law Currently, she works on research projects in the interface between environmental and societal dynamics, and has a main interest in the governance of transboundary marine ecosystems In 2016 she published Environmental Law and the Ecosystem Approach – Maintaining 280 Philippa C McCormack Restoration legislation should also support habitat restoration to create future climate refugia, even if the required habitat type does not yet exist in the area For experimental or habitat ‘engineering’ projects such as these, a precautionary approach should be taken to selecting the most appropriate site New risk-assessment procedures could balance the risks to any biodiversity resident in an area proposed to be restored with the risk of future extinctions if the proposed climate refugia was not created Areas that may be appropriate for anticipatory and experimental restoration activities may include former mine sites, abandoned agricultural areas and brownfield sites.105 The state of Western Australia has a policy framework for proactively identifying potential habitat in the analogous context of conservation translocations Western Australia’s translocation policy106 creates a category of land defined as ‘Fauna Reconstruction Sites’: ‘“Fauna Reconstruction Site” means an area where the Department of Conservation and Land Management (CALM) is proposing to reconstruct, or is reconstructing, the vertebrate fauna as far as is possible through predator control, habitat management and translocations.’107 Clause 4.1 of the policy provides that CALM will ‘Designate areas as Fauna Reconstruction Sites and Species Recovery Sites, and publish a list of such sites annually.’108 Research to identify and designate areas as climate refugia over coming decades, in anticipation of species requirements, could employ a similar policy approach This approach would support strategic planning opportunities, across private, public and Indigenous owned-land, at a lower cost than identifying climate refugia on a case-by-case basis Establishing a list of ‘climate refugia sites’ in anticipation of future habitat requirements may also mitigate the risk of particularly valuable future climate refugia being allocated to urban or resource developments As a necessary corollary to the reforms proposed in this chapter, once created, climate refugia must also be able to be protected under conservation laws Protection mechanisms may include designating new climate refugia as ‘critical habitat’ for species that may persist there as the climate changes At the very least, these areas should be able to be recognised as areas of high ecological value, worthy of conservation effort, funding and protection from resource extraction and other development interests.109 Laws and policies for conserving protected areas could be useful in this regard, but in 2013, ‘approximately half of the intact habitat currently occupied by […] threatened species [was] not protected […] and this [was] much the same for 105 For example, employing the ecosystem design framework described by Drake et al (2010); Bowman et al (2017), 676–678 106 Policy Statement 29: Translocation of Threatened Flora and Fauna (Western Australia, July 1995) 107 Ibid, 108 Ibid, 109 For example, as ‘areas of outstanding biodiversity value’, under the Biodiversity Conservation Act 2016 (New South Wales) s 3.2, including areas that make a significant contribution to the persistence of ‘irreplaceable biological distinctiveness’ or ‘ecological processes or ecological integrity’ – concepts that are sufficiently broad to apply to climate refugia Reforming restoration law 281 110 projected future habitats’ Some of these areas may represent valuable potential climate refugia Government policy and conservation strategies should ‘complete’ the National Reserve System (NRS) as an urgent priority, by incorporating a comprehensive, representative and adequate selection of sites from each of Australia’s unique bioregions into the NRS.111 This task will require a significant increase in extent of privately owned land conserved in the NRS, including under conservation covenants or other conservation agreements.112 It will also require improved financial incentives and supportive market mechanisms, potentially coupled with new forms of stewardship and land-management obligations on private landholders.113 As the climate changes, it will not be enough for climate refugia to exist or even to be protected under law Species must also have the capacity, opportunity and, in some cases, human-assisted translocation to ensure that they can access climate refugia Section 12.2 outlined some of the barriers to species accessing climate refugia, particularly where the ‘niche’ environmental conditions for a species’ survival will no longer exist anywhere near their current distribution and habitat Legal frameworks for adaptation-oriented planning and ecological ‘renewal’ must include a focus on accessibility, including where necessary through direct human intervention To this end, strategies such as enhancing landscape-scale connectivity and engaging in conservation introductions will become increasingly important.114 Complicating the question of accessibility, highly accessible refugia may face greater risk of invasion by destructive invasive species such as feral cats, and pathogens such as the deadly amphibian chytrid fungus Invasive species and pathogens may undermine the capacity of such areas to offer refuge from climate change As a result, the capacity to reduce landscape-scale connectivity to some important climate refugia may improve the viability of such areas, and the populations of native species that they can support Finally, the question of funding for new conservation initiatives is a persistent one, given Australia’s high rates of biodiversity loss and its status as one of the 40 most underfunded nations in the world for biodiversity conservation.115 Funding sources and opportunities for ecological restoration are expertly addressed by Froukje Platjouw in Chapter of this book, so this chapter will not investigate the matter in detail Suffice to say, while conservation funding has historically been the primary domain of governments in Australia, future conservation activities are increasingly likely to be funded by the private sector, through NGO land managers and with philanthropic funding For example, NGOs such as the Australian Wildlife Conservancy and Bush Heritage have achieved some success in restoring 110 Maggini et al (2013), 39 111 Taylor (2017) 112 For example, ibid; Fitzsimons (2015) 113 See further Bartel and Graham (Chapter in this volume) on eco-restoration governance on private land in Australia; and stewardship obligations and duties on private landholders 114 McCormack and McDonald (2014) 115 Adjusted for gross domestic product, among other things, Waldron et al (2013) 282 Philippa C McCormack species assemblages and ecological functions to large, private protected areas, especially in desert and outback regions.116 That success has seen governments such as the New South Wales government partnering with NGOs to implement government policies, including species reintroductions and ecological restoration policies, in publicly owned protected areas.117 12.6 Conclusion Climate change represents a new and compounding threat to biodiversity all over the world There is an urgent imperative to protect healthy and diverse ecosystems while also reversing ecological damage to improve the health and function of remnant ecosystems This chapter demonstrates that, in the Australian context, existing environmental laws provide piecemeal opportunities for some restoration tasks However, the rate and scale of climate change will undermine most efforts to return environmental conditions to a historical baseline, or even to protect and sustain existing environmental conditions, as is the focus of most Australian environmental law Thus, effective restoration laws to conserve biodiversity in the future must be closely integrated with climate change adaptation goals The climate is changing now, and conservation and restoration efforts must include a focus on conserving climate refugia to support species and communities as their existing habitats collapse or disappear As Emily Barritt argues in Chapter of this book on ecological stewardship, this chapter proposes purposeful human intervention, not as a form of mastery, but as a response to potentially catastrophic losses of the rich diversity of life on Earth Adaptationoriented restoration will be crucial for sustaining species and ecological communities, and we must what we can to facilitate their survival References Primary sources (law materials) Biodiversity Conservation Act 2016 (New South Wales) Catchment and Land Protection Act 1994 (Victoria) Conservation and Land Management Act 1984 (Western Australia) Environment Protection Amendment Bill 2018 (Victoria) Environment Protection and Biodiversity Conservation Act 1999 (Commonwealth of Australia) Environmental Management and Pollution Control Act 1994 (Tasmania) Forest Practices Act 1985 (Tasmania) Land Act 1994 (Queensland) 116 For example, Australian Wildlife Conservancy, ‘Sanctuaries: Newhaven Restoration Project’, www.australianwildlife.org/sanctuaries/newhaven-sanctuary/newhaven-restorationproject.aspx,Bush Heritage, ‘Restoration’, www.bushheritage.org.au/what-we-do/ science/themes/restoration 117 Saving our Species programme (New South Wales Office of Environment and 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Journal of Environmental Law Benjamin J Richardson (2016) ‘The Emerging Age of Ecological Restoration Law’ 25(3) Review of European, Comparative and International Environmental Law 277 Yasha Rohwer and Emma Marris (2016) ‘Renaming Restoration: Conceptualizing and Justifying the Activity as a Restoration of Lost Moral Value Rather than a Return to a Previous State’ 24(5) Restoration Ecology, 674 Michael L Rosenzweig (2003) ‘Reconciliation Ecology and the Future of Species Diversity’ 37(2) Oryx 194 J.B Ruhl (2010) ‘Climate Change Adaptation and the Structural Transformation of Environmental Law’ 40 Environmental Law 363 Timothy R Seastedt, Richard J Hobbs and Katharine N Suding (2008) ‘Management of Novel Ecosystems: Are Novel Approaches Required?’ 6(10) Frontiers in Ecology and the Environment 547 SERA (2017) National Standards for the Practice of Ecological Restoration in Australia, Standards Reference Group, Society for Ecological Restoration Australasia Will Steffen et al (2009) A 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Environmental Law 419 Anthony Waldron et al (2013) ‘Targeting Global Conservation Funding to Limit Immediate Biodiversity Declines’ 110(29) Proceedings for the National Academy of Sciences 12144 Grant Wardell-Johnson et al (2015) ‘Integrating Rehabilitation, Restoration and Conservation for a Sustainable Jarrah Forest Future During Climate Disruption’ 21 Pacific Conservation Biology 175 James E.M Watson et al (2016) ‘Catastrophic Declines in Wilderness Areas Undermine Global Environment Targets’ 26(21) Current Biology 2929 Jessica Weir, Claire Stacey and Kara Youngetob (2011) The Benefits Associated with Caring for Country, Australian Institute of Aboriginal and Torres Strait Islander Studies (AIATSIS) Western Australian Government (1995) Policy Statement 29: Translocation of Threatened Flora and Fauna John A Wiens and Richard J Hobbs (2015) ‘Integrating Conservation and Restoration in a Changing World’ 65(3) BioScience 302 A.V Williams et al (2014) ‘Next Generation Restoration Genetics: Applications and Opportunities’ 19 Trends in Plant Science 529 John C.Z Woinarski, A.A Burbidge and P.L Harrison (2015) ‘Ongoing Unraveling of a Continental Fauna: Decline and Extinction of Australian Mammals Since European Settlement’ 112(15) Proceedings of the National Academy of Sciences 4531 G.L Worboys et al (2008) ‘The Australian Alps to Atherton (A2A) Connectivity Conservation Area: A National Response to Climate Change’, paper for the Australian Protected Area Congress 2008, 24–28 November, Sunshine Coast P.T Young, D.A Petersen and J.J Clary (2005) ‘The Ecology of Restoration: Historical Links, Emerging Issues and Unexplored Realms’ 8(6) Ecology Letters 662 Joy Zedler, James M Doherty and Nicholas Miller (2012) ‘Shifting Restoration Policy to Address Landscape Change, Novel Ecosystems, and Monitoring’ 17(4) Ecology and Society 36 Index Aboriginal/Indigenous Australians 7, 64, 66, 219–220, 244, 247, 272; and farmers 106–107, 108, 112 African Commission on Human and Peoples’ Rights 202 ‘agency capture’ 197, 202–203 agricultural land see private agricultural land Aichi Biodiversity Targets 2–3, 10, 132, 147–148, 167 ambition levels: for explicit targets, EU 175–177; of goals and measures 129–131 Anderson, M K 77, 81 Andrews, P 101–102, 104, 105, 109 animals 2, 33, 35, 44, 280 Annan, K 142 Anthropocene 1, 6, 8, 17, 44–45, 51, 55, 89, 94, 122, 158; as Capitalocene 89–90; time and space of ecological restoration 50–51, 55–56, 60 anthropogenic habitats 174 anthropogenic impacts 39, 41; Australia 270–271, 273; see also climate change Arabidopsis thaliana (cress plant) 37–39 Arnold, T 77, 79, 81, 90 art and literature, water in 247–250 Australia: conservation covenants 86; Earth Sanctuaries company 222; Environmental Restoration and Rehabilitation Trust Act, NSW 278; farmers 83–84; Gondwana Link 4, 15, 58–59; Great Barrier Reef 66; Indigenous Land Use Agreements 64, 66; ‘Landcare’ and ‘Land for Wildlife’ schemes 234; Natural Resources Management Act, South Australia 278; New South Wales 60, 103, 257, 282; Society for Ecological Restoration (SERA) 40, 124; Summerland, Victoria 63; Tasmania 16, 279; Western Australia 62, 228–229, 280; see also Aboriginal/ Indigenous Australians; climate change adaptation; Murray-Darling Basin; private agricultural land Australian Panel of Experts on Environmental Law 67 Bali Guidelines, UN 202 Belgium: BOFAS fund 151 benchmarks and environmental baselines, EU 173–175 Bennett, J 82 Berry, R J 84 ‘big personas’: typology of private actors 216–219 biodiversity: novel ecosystems 43; restoration and creation of climate refugia 267–271, 280–281; see also EU Biodiversity Strategy; offsetting Biodiversity Convention (CBD) 2–3, 10, 127–128, 129, 130, 132, 148; Aichi Targets 2–3, 10, 132, 147–148, 167; Subsidiary Body on Scientific, Technical and Technological Advice 147 Biogea (Serres) 29, 30–31 biological feasibility of restoration 65 biophilia 14, 107 biosemiotics 241 Birds Directive, EU 134, 181 blended restoration efforts 223–225 Braverman, I 99 Brazil 259, 260 The Breaking of the Drought (film) 247 Canada 4, 7, 52, 155; Environmental Protection Act (1999) 52; First Nations 220–221, 225 cap-and-trade mechanisms 146, 147, 158–159 Index 289 Carson, R 58, 63–64, 103 CBD see Biodiversity Convention (CBD) CEMEX, Mexico 221–222 centralist vs de-centred regulatory approach 109–110 Chamovitz, D 35, 38 China: green bonds 152–154; Wenliang Wang 216, 218–219 Climate Bonds Standard Water Criteria 154 climate change 10, 11, 41, 57–58, 60–61, 86–87, 146, 158–159, 266–282 climate change adaptation, Australia 265–7; climate refugia, restoration and creation of 267–271, 280–281; legal frameworks and science 275–279; legislation and ecological ‘renewal’ 279–282; restoration ecology concepts and practices 271–275; summary 282 Cobley, P 240, 241 Coetzee, J M 72 coexistence: human/nature relationship 96–97 Colombian Amazon 84–85 colonial settlement: Australia 242–243, 247–249; and decolonisation 72–73 commodification of environmental properties 143 Common Agricultural Policy (CAP), EU 183 Common Fisheries Policy (CFP), EU 168, 183 Commonwealth Scientific and Industrial Research Organisation, Australia 268 community participation 14–15, 65, 66, 194–198, 228 community-based stewardship 79, 85, 89–90 compensatory mechanisms see green financing; offsetting Comprehensive Environmental Response, Compensation, and Liability Act (CERCL), US 150–151 Conference of Parties (COP), UN 130, 132 connective justice 74 connectivity, restoration of 27, 128, 131–133, 230, 274, 278 Conservation Act, New Zealand conservation covenants 85–86, 95–96, 223, 281 ‘conservation district’ 229, 232–233 contaminated sites: polluter-pays principle 149–151, 159; see also UN Environment–Ogoniland case corporate entities 215, 221–223; see also green financing corruption, potential for 83, 197 costs of restoration 13, 67, 144, 146–148, 157, 159, 232 Country Stewardship Scheme 83 Countryside Stewardship Agreements 87 Court of Justice of the EU see European Court of Justice (CJEU) crowd funding/crowd investments 155–157, 160 cultural ecosystems 97 ‘cultural landscapes’ 12, 14, 51, 59, 66 Danish Oil Industry’s Remediation Fund 151, 159 Davies, M 81, 94 Davis, M C 216, 217 De Groot, R 159 death and memory in plants 36–39 debt-for-nature swaps (DNSs) 154–155, 160 Deepwater Horizon oil spill 63 Department of Conservation and Land Management (CALM), Western Australia 280 developing countries: debt-for-nature swaps (DNS) 154–155, 160; Reducing Emissions from Deforestation and Forest Degradation (REDD+) 145 DNA and epigenetic changes: Arabidopsis thaliana (cress plant) 37–39 Dolores River Restoration Partnership (DRRP), US 157–158 drought 247, 251–252 Dutch cases: CJEU 176, 178–179 Earth Sanctuaries company, Australia 222 ‘eco-barons’ see ‘big personas’: typology of private actors eco-semiotics 240, 241 ecological restoration: importance of 1–4; key themes 10–17; methodologies 17–19; recent legal developments 8–10; synopses of chapters 19–23; terminology 2, 4–7 ecological trap 127; and extinction debt, measures to prevent 128–133 economics see green financing Edlund-Berry, I 246 Elliot, R 74, 76, 78 Ellis, R 51 emotional attachment to land 108 ‘empty’ spaces 51, 59–60 endangered species 3, 174, 176, 185, 217–218 Endangered Species Act, US 217, 233 Endangered Species Fund, US 217–218 290 Index environmental baselines and benchmarks, EU 173–175 Environmental Damage Directive, EU 172–173, 179 Environmental Impact Assessment (EIA) Directive, EU 180–181 environmental restoration 3–4; and ecological restoration, distinction Environmental Restoration and Rehabilitation Trust Act, NSW 278 ethical stewardship 81 ethics 11, 20, 45, 73–74, 81, 89, 143 EU Biodiversity Strategy 2; baseline report 173; definition of eco-restoration 171–172; Midterm Review 167–168; offsetting and mitigation 145, 179–180; restoration targets 169–170 EU Birds Directive 133–134, 181 EU Habitats Directive 2, 127–128, 133, 134, 174, 175, 181–183, 185–186; derogation scheme 180; favourable conservation status (FCS) 130–131, 133, 175–177, 184, 185; monitoring 129; novel ecosystems 122, 123; outcomes-focused obligation 130–131; restoration and protection duties 178–179 EU law 167–168; ambition level for explicit targets 175–177; ambivalent policy and legal context 168–171; benchmarks and environmental baselines 173–175; defining eco-restoration 171–173; mandatory vs voluntary restoration 177–181; material and territorial issues 181–183; polluter-pays principle 150; prioritization, timeframes and exemptions 184–186; summary and recommendations 186–187 European Court of Justice (CJEU) 136, 172, 174, 175, 176, 178–179, 180, 182, 183, 185 European Landscape Convention 2, 52 ‘extinction baseline’ 176–177 extinction crisis 167, 275 extinction debt 126–127; and ecological trap, measures to prevent 128–133 extinction risk reduction 269–270 Fagbohun, O 200 Falkner, R and Buzan, B 88 farmers: stewardship 83–84; see also private agricultural land ‘Fauna Reconstruction Sites’, Western Australia 280 favourable conservation status (FCS), EU 130–131, 133, 175–177, 184, 185 Fenton, J 102, 104, 105, 107, 108, 109, 111 finance see corporate entities; green financing Fish and Wildlife Service, US 224–5 forestry: debt-for-nature swaps (DNSs) 155; Reducing Emissions from Deforestation and Forest Degradation (REDD+) 145; Scotland 4, 62, 64–65, 225; US 217; West Sussex, England 82–83 France, 136, 174, 178 French cases: CJEU 174, 178 Freyfogle, E 76, 78 geo-engineering 5–6, 86–87 Giddens, A 60 global and national standards 124 Global North/South relations 160, 205–206 global-level governance 67 globalisation 20, 60–62 goals and measures, ambition level of 129–131 Gondwana Link, Western Australia 4, 58–59 ‘good ecological status’ (GES), EU 177, 184 grandfathering 63, 65, 67–68 Green, T 82–83 green bonds 152–154, 159–160 green financing 148–158; crowd funding/ crowd investments 155–157, 160; debt-for-nature swaps (DNSs) 154–155, 160; definition 148–149; financialisation in era of ecosystem degradation 142–148; green bonds 152–154, 159–160; polluter-pays principle 149–151, 159; public-private partnerships (PPPs) 157–158, 160; reflections and recommendations 158–160; see also corporate entities Green Infrastructure Strategy, EU 169–170, 183 greenhouse gas emissions trading 146, 158–159 ‘greenwashing’ 154 Greer, G Griffith Law Review 2, 120 Guatemala Forest Conservation Debt-for-Nature Swap 155 Habitats Directive see EU Habitats Directive Hartigan, P 248–249 Harvey, D 60 Index 291 Haskell, D G 32, 36–37 Hawaiian indigenous people 220 Higgs, E et al 124–125 historical knowledge: classical approaches to restoration 271; novel ecosystems 122 Hobbs, R et al 121, 134 Holligan, B 86 homegardens 44–45 Hong Kong and Shanghai Banking Corporation (HSBC) SDG Bond 152–153 human impacts see Anthropocene; entries beginning anthropogenic human/nature relationship: coexistence 96–97; relationship-focused restoration 73, 74, 75–79 human/plant relationship 32–33 Huntington, S P 197 Hydrocarbon Pollution Remediation Project (HYPREP), Nigeria 204–207 icon sites 258 imaginative failure 82–83 Indigenous People’s Restoration Network 78 indigenous peoples/knowledge 45, 78, 219–221; America and Canada 220–221; Californian Indians 79, 81; eco-restoration 77–78; Hawaiian 220; Maori, New Zealand 7, 84–85, 224; stewardship 45; see also Aboriginal/ Indigenous Australians indigenous reference ecosystem 40–41 influential individuals: typology of private actors 216–219 intelligence, plant 33–36 interdisciplinary approach 118, 120, 35–137 Intergovernmental Science-Policy Platform on Biodiversity and Ecosystem Services (IPBES) 8, 9, 142, 143–144, 146–147, 272–273 international law 2–3, 10, 88, 95–96, 123, 125; and regional law 127–128, 132–133 International SER Standards 124–125, 137 international standards 97–98 Japan 9, 150 Jordan, W R 74, 76, 77 Katz, E 41 Keane, W 250 knowledge: placed-based/vernacular 106–109, 111–112; see also historical knowledge; indigenous peoples/ knowledge; science and law interface ‘Landcare’ and ‘Land for Wildlife’ schemes, Australia 234 landowners see private landowners; property ownership landscape, restoration of 2, 6–7, 42, 50, 58–59 64, 73–75, 78, 109, 111, 133, 181–182, 221, 226, 229, 232, 235–236, 241, 281 Lawson, H 250 legal personality 84–85 liability, eco-restoration 13, 23, 52, 67, 144, 149–151, 199; see also polluter-pays Leopold, Aldo 11, 76, 77, 216, 217 ‘listening’ 31, 32, 43 literature and art, water in 247–250 long-term investment: special purposes districts 232–233 McDonald, J 94 ‘make good’ obligations 277 managerial stewardship 81 Mancuso, S and Viola, A 33, 34, 35 mandatory vs voluntary restoration, EU 177–181 Maran, T and Kull, K 240 Marder, M 32 marine environments 51, 59–60, 168; Law of the Sea Convention, UN 87 marine plastic pollution 1, 51, 60–61 Marine Strategy Framework Directive, EU 179, 181, 184 Mass Transit Railway (MTR) Corporation, Hong Kong 153 Massy, C 102–103, 105–106, 109, 110 memory and death in plants 36–39 Mexico: CEMEX 221–222 migratory species 131–133 Miller, J 99 monetarisation of ecosystem services 143–144 monitoring: habitats and species 128–129; water 255–257 Mono Lake, Northern California 79, 85, 90 multi-level governance regimes 65, 66–67 Murray-Darling Basin 240–242; biography of water 246–251; distributional justice and consultation 259–260; efficiency and market mechanism 253–257; icon sites 258; legal policy framework: Water Act and Plan 3, 241, 244–246, 259, 278; mapping geographic and political diversity 242–244; National Water 292 Index Initiative (CoAG) 253, 259; (re)allocation ritual 260; semiotics of water 251–253; summary 260–261 national and global standards 124 National Reserve System (NRS), Australia 281 Native Americans 81, 214, 220–221 Natura 2000 network, EU 134–135, 182; sites 175, 181–182, 184, 185 natural contract 39, 44–45; The Natural Contract (Serres) 29–30, 31 Natural England 83, 84 Natural Resources Management Act, South Australia 278 Nature Conservation Act, Australian Capital Territory 278 Nature Directives, EU 179, 181, 184, 185; see also Natura 2000 network, EU Netherlands, 176, 178; see also Dutch cases New Zealand 3, 60–61; blended restoration: Cape to City project 224; Maori 7, 80, 84–85, 224; rights of nature 84 NGOs 4, 223; Australia 281–282; Climate Bonds Standard Water Criteria 154; and EU Directives 168; participatory approach 194–195 Nigeria see UN Environment–Ogoniland case novel ecosystems 42–44, 57, 62, 121–123, 125, 136–137, 274; definition 121 Nussbaum, M 80, 81–82 Oberkircher, L and Hornidge, A.-K 250 off-reserve conservation 94–96 offsetting 12, 14, 21, 61, 76, 277; financialisation and 144–146; and mitigation duties, EU 145, 179–180 Ogoni communities see UN Environment–Ogoniland case Ogowewo, T 201 oil pollution 13, 151; see also UN Environment–Ogoniland case Omnivoltaic, Tanzania 156 participatory approach 194–198 participatory democracy 194, 197–198, 259; see also community participation participatory rights and stewardship 88 Patagonia region, Chile Patterson, A B (‘Banjo’) 248 ‘payment for ecosystem services’ (PES) 144–145 photoreceptors and photosynthesis 35–36 Piguenit (artist) 250 place and space, distinction 54, 59 placed-based/vernacular knowledge 106–109, 111–112 plants and trees see forestry; social life of plants and trees poeticism of stewardship 81–82 polluter-pays principle 149–151, 159 Port of Antwerp restoration program 180 precautionary principle 58, 125, 128, 280 private actors, typology of 215–228 private agricultural land, Australia 93, 112–113; challenges of restoration and reconciliation 97–99; farmscapes and farmer narratives 99–109; new environmental governance 103–106; new localism 106–109; new materialism and relationality 100–103; problems and possibilities 94–97; recommendations 109–112 private landowners 214–215; conservation covenants 85–86; private to collective rules 234–236; residual 216, 226, 227–228, 234–235; special purposes districts 228–234, 236–238; typology of actors 215–228 private ordering and relationship-building 231–232 private and public finance see green financing property ownership/tenure 12, 20, 51–52, 59–62, 67, 94–96, 111, 214; and social obligations 235; and stewardship 81, 88; see also private agricultural land; private landowners protected areas 123–124, 131–132, 280–282 ‘proximity’, temporal 63–64 public participation see community participation; UN Environment–Ogoniland case public sector: green bonds 152 public-private partnerships (PPPs) 157–158, 160 Purvis, B 101, 104–105, 107–108, 109 Ramsar Convention on Wetlands, UN 132, 148, 244, 277 ‘reconciliation ecology’, terminology 7, 42 Reducing Emissions from Deforestation and Forest Degradation (REDD+) 145 ‘regulatory spaces’ 54–55, 61–62 rehabilitation: area-management plans, Australia 276–277; terminology relationship-building and private ordering 231–232 religions: and stewardship 80; and water 246–247 Index 293 ‘renewal ecology’: terminology 6, 42, 265–256; see also climate change adaptation, Australia Reside, A et al 269 ‘restoration district’ 229–230; model language for creation of 236–238 rewilding 40, 62, 136–137; and concepts of wilderness 78; EU 134, 187; terminology Rewilding Europe 6, 62 Richardson, B 194, 196 Rio Declaration on Environment and Development, UN 149–150, 194 Rosenzweig, M 7, 99 Sanders, K 84 Sax, J 94–95 science and law interface 8–9, 119–120; ecological concepts in law 126–133; legal expertise in restoration science 133–135; novel ecosystems 121–123; recommendations 135–137; scientific uncertainties and law 121–125; standards and principles 123–125 Scotland: Carrifan Wildwood 62; Trees for Life project 4, 64–65, 225 The Secret Life of Plants (Tompkins and Bird) 33 ‘semi-natural habitats’ 122, 174 semiotics 15, 22, 240–241, 252, 261; counter-strategies 252; remapping 258; of water 251–253 Serres, M 29–31, 45 ‘sight’ in plants 34–35 Silent Spring (Carson) 58, 63–64, 103 ‘slow violence’ 63–64 social life of plants and trees: background 29–32; directions for environmental law 44–45; plant death and memory 36–39; plant intelligence 33–36; plant/human relationship 32–33; restoration ecology and novel ecosystems 39–44 Society for Ecological Restoration (SER) 4–5, 9, 62, 78, 124–125, 172; Australia (SERA) 40, 124; International Standards 124–125, 137; World Conference (2015) 135 socio-economic justice see UN Environment–Ogoniland case soft power 83–84 solar power 156 South Africa 222 space see time and space of ecological restoration special purposes districts 228–234, 236–238 species redistribution (climate refugia) 267–271, 280–281 spiritual stewardship 81 stakeholders: multi-stakeholder collaboration 223–225; participation 194–198, 202–203, 204–208 Standard Data Form, EU 129, 134 standards: Australian National 271, 272, 276, 278; and legal definitions 65–66; and principles 123–125 stewardship 72–74; by indigenous peoples 45; different guises of 84–87; recommendations 87–90; reframing 75–79; story of 79–84; terminology 7; types of relationships 81 stress response in plants 37–39 subject–object relationship of property 99, 100, 108, 110, 112–113 Summerland, Victoria 63 Superfund, US 150–151, 159 sustainability discourse 51 sustainable development 142, 169, 193, 245 Sustainable Development Goals (SDGs) 8, 148, 152–153 Sweden 156 Taddei, R R 251–252, 259, 260 Tanzania 156 technical practice of restoration 75–77 Telesetsky, A 76, 77, 84, 123 terminology 2, 4–7; legal definitions and standards 65–66; legal and technical definitions 75 ‘The Economics of Ecosystems and Biodiversity’ (TEEB) 142–143 time and space of ecological restoration 50–53; Anthropocene 50–51, 55–56, 60; recommendations 65–68; space 58–62; temporal and spatial ecology 56–58; time 62–65; unpacking 53–55 Tompkins, P and Bird, C 33 topophilia 14, 59, 107 Treaty on the Functioning of the EU (TFEU) 168–169 Tree, I 82–83 trees see forestry; social life of plants and trees Trees for Life, Scotland 4, 64–65, 225 TRINE Solar for Local Businesses project, Zambia 156 Tropical Forest Conservation Act, US 155 Tuan, Y.-F and Relph, E 54, 59 Turner, Ted 216, 217–218 294 Index UK: Knepp farm, West Sussex 82–83; Natural England 83, 84; Scotland 4, 62, 64–65, 225 UN: Bali Guidelines 202; Development Programme (UNDP) 203; Millennium Report 142; Rio Declaration on Environment and Development 149–150, 194 UN Conventions 10; Framework Convention on Climate Change (UNFCCC) 145, 148; Law of the Sea 87; Paris Climate Agreement 152; Ramsar Convention on Wetlands 132, 148, 244, 277; World Heritage 59, 66; see also Biodiversity Convention (CBD) UN Environment (also UN Environment Programme) 18, 192 UN Environment–Ogoniland case 192–193, 204–207; participatory approach: theoretical basis 194–198; state-based structures for restoration governance, Nigeria 198–203; summary 207–208 US 3, 6, 8, 61, 76; ‘big personas’ 216–218; blended restoration projects 224–225; Dolores River Restoration Partnership (DRRP) 157–158; Guatemala Forest Conservation Debt-for-Nature Swap 155; Mono Lake, Northern California 79, 85, 90; NGOs 223; polluter-pays principle (Superfund) 150–151; special purposes districts 232, 233–234; wetland mitigation banking 146; Yellowstone to Yukon (Y2Y) Conservation Initiative 4, 225 vernacular knowledge/place attachment 106–109, 111–112 Verran, H 254, 255–256 voluntary vs mandatory restoration, EU 177–181 Waiting for the Barbarians (Coetzee) 72 Wang, Wenliang 216, 218–219 Water Framework Directive, EU 174, 175, 179, 181, 184–185; ‘good ecological status’ (GES) 177, 184 water projects: Climate Bonds Standard Water Criteria 154; see also Murray-Darling Basin Wengert, N 196 Western Landowners Alliance, US 218 wetlands: mitigation banking, US 146; Ramsar Convention 132, 148, 244, 277 wilderness: concepts of 78; see also rewilding Wildlife Habitat Council 222 Williams, J 105 Wohlleben, P 33, 34, 35–36 wolves 4, 62, 136, 196 Woodworth, P 136 World Bank 143, 203 World Heritage Convention 59, 66 Yellowstone to Yukon (Y2Y) Conservation Initiative, US 4, 16, 225 Zambia: TRINE Solar for Local Businesses project 156 Zournazi, M 30 .. .Ecological Restoration Law Ecological restoration is as essential as sustainable development for the health of the biosphere Restoration, however, has been a... agenda for ecological restoration law Not only they investigate current laws and other governance mechanisms; they also consider the philosophical and methodological bases for the law to take ecological. .. environmental law? ??s recovery imagination 27 29 AFSHIN AKHTAR-KHAVARI Timescapes of ecological restoration 50 BENJAMIN J RICHARDSON The story of stewardship and ecological restoration 72 EMILY BARRITT Ecological