Conservation and Recreation in Protected Areas

A Comparative Legal Analysis of Environmental Conflict Resolution in the United States and China
1. Auflage 2018
ISBN: 978-1-138-60561-9
Verlag: Taylor & Francis Ltd

Buch, Englisch, 322 Seiten, Format (B × H): 243 mm x 173 mm, Gewicht: 562 g

Reihe: The Rule of Law in China and Comparative Perspectives

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.

Autoren/Hrsg.

Ma, Yun

Fachgebiete

• Rechtswissenschaften Öffentliches Recht Umweltrecht Umweltrecht allg., Technikrecht, Immissionsschutzrecht
• Rechtswissenschaften Recht, Rechtswissenschaft Allgemein Rechtsvergleichung

Inhaltsverzeichnis

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.

Über Autor(innen)

Yun Ma is a lecturer in administrative law at the Law School of China University of Political Science and Law (CUPL), Beijing, China. She graduated cum laude from the Law School of CUPL with the bachelor’s degree in law, and obtained a ‘free pass’ to the master studies in constitutional and administrative law at CUPL. Funded by the China Scholarship Council, she worked as a PhD candidate at the Department of Constitutional and Administrative Law and Erasmus China Law Center at the Erasmus School of Law since September 2011 and obtained her doctoral degree in 2015. She worked as a visiting researcher at Maurer School of Law of Indiana University and S.J.Quinney College of Law of University of Utah in the United States between September 2013 and February 2014. Her research interests include administrative law, natural resources law and environmental governance. She has authored and co-authored articles and book chapters on administrative litigation, private land conservation, national parks and other topics.