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The ecosystem approach and the precautionary principle

Morgera, Elisa (2017) The ecosystem approach and the precautionary principle. In: Encyclopedia of Environmental Law. Elgar Encyclopedia of Environmental Law series . Edward Elgar, Cheltenham, UK, pp. 70-80. ISBN 9781783474240

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Abstract

The ecosystem approach can be considered the landmark regulatory strategy of the Convention on Biological Diversity (CBD) and other biodiversity-related conventions. While it has had a growing influence in the further development of international biodiversity law, as well as in other areas of international law, legal scholarship is surprisingly thin with regard to the status and implications of the ecosystem approach. This chapter discusses the evolution of the ecosystem approach as a landmark regulatory feature of the CBD and breaks it down into its interrelated components. To that end, the chapter also explores the interplay between the ecosystem approach and the precautionary principle, and the role of the former in ensuring mutual supportiveness among biodiversity-related conventions, as well as with international human rights law. The chapter concludes by highlighting overarching legal research questions concerning the ecosystem approach that await clarification.