Sustainable use of wildlife: The role of private contracts as a conservation tool

Abstract

This paper focuses on the ability of local communities to make effective use of private legal tools as a means of assuring sustainable wildlife use. Using recent legal developments in Kenya as a case study, the paper examines a series of contracts entered into between local communities in the Samburu District and tour operators wishing to bring wildlife “photo safaris”; onto Samburu lands. These contracts, typically referred to as “Eco‐tourism contracts,”; are designed simply to allow tour operators to lead tour groups through community property without trespass. The authors argue that to achieve their true potential, these contracts must be treated, in essence, as “wildlife easements,”; or “eco‐easements,”; that can become publicly‐recorded mutual conservation commitments, and as such must incorporate conservation principles with a focus on environmental impact and wildlife management. Moreover, these contracts must be linked both conceptually and financially to the communities’ governance structure and to its broader conservation efforts.     

“公诉转自诉”案件中之自诉权探微

分析“公诉转自诉”制度设置的合理性和存在缺陷，并在此基础上从制度保障和救济措施两方面提出立法建议。     

Combating counterfeiting and piracy: the Commonwealth initiative

This article notes the various components of intellectual property (IP) and the traditional forms of protection for IP owners. It also explains trends in the infringement of IPR, particularly in the nature of counterfeiting and piracy, the raison d’etre and the resulting impact in Commonwealth Countries.

The article also comments on the legislative developments in Commonwealth countries designed to provide a stronger deterrence and the multi‐sector approach adopted in the implementation of the legislation. Finally, it brings attention to the collective concerns of Member Countries and the recent steps taken to develop and adopt a framework of cooperation in order to combat the menace of counterfeiting and piracy.     

Investigation of death through body writing: a case study

Various surfaces or substrates are often encountered in the examination of questioned writing; however, no writing is more interesting than that found on the human body nor more challenging when the writing in question is linked to a death investigation. The body of an 18-year-old male was brought to the State Crime Laboratory, Little Rock, Arkansas, with a gunshot wound to the head and several messages written on his arms and chest. This paper will discuss the examination of evidence used to determine the manner of death through a cooperative effort between the Medical Examiner's Section and the Questioned Document Section of the Crime Laboratory.     

The role of private and public regulation in the case study of crypto-assets: The Italian move towards participatory regulation

With the Digital Financial package (MiCA, DLT Pilot, and DORA, later on complemented by the DAC8 proposal) the European Union seeks to establish an appropriate legal framework for crypto-assets showing a financial nature. The package represents a first attempt to regulate a complex and emerging phenomenon, characterised by significant trade-offs. Unsurprisingly, in this early stage of the law-making process several relevant aspects of the crypto environment remain unaddressed, such as pure DeFI models, DAOs, and NFTs. Such regulatory gap is to a large extent attributable to the difficulty of addressing technologically complex issues through command-and-control top-down legislation. The improvements delivered by the Better Regulation Agenda are not enough to solve this conundrum. In this context, the Communication by the Bank of Italy on Decentralised Technology in Finance and Crypto-assets and its first move, the smart-contract MoU, provide an interesting case study to discuss the potential of ‘participatory regulation.’ This experimental form of regulation tries to get the most out of co-regulation, self-regulation, and command-and-control, combining their characters with the view of reconciling the technology neutrality principle with technology-based regulation. Participatory regulation aims to bridge the public and private sector in order to strike a right balance between flexibility and legal certainty, without stifling innovation.     

Evaluating the case for greater use of private prosecutions in England and Wales for fraud offences

This paper considers the challenges and opportunities that exist in England and Wales for the use of private prosecutions for Fraud. It considers the need for sanctions against fraudsters: looks at the prosecution landscape as it has evolved, especially during the 21st century: considers the legal basis for private prosecution and gives a brief history of its extent. The advantages and disadvantages associated with private prosecution are considered and recommendations made on the changes needed before there could be significant developments in the use of private prosecutions.     

意大利：最大水利工程涉腐

6月4日,＂摩西计划＂腐败案经多年调查之后警方终于实施抓捕,有35人被拘押,其中包括现年67岁的威尼斯市长乔治·奥尔索尼。另有30余名同案嫌疑人也被拘押,包括地区基建事务负责人雷纳托·奇索,议员吉亚姆皮特罗·马凯西,Covec总裁弗朗克·莫比欧罗,退休将军埃米利奥·斯帕茨安特,一名前税务警察主管、一名负责公共项目事务的地区部长,以及其他当地政界人士、企业家、税务顾问和金融交易员。     

The European Community and Biodiversity Loss: Missing the Target?

The European Community has set itself the stringent policy target of halting all biodiversity loss by 2010. It intends to achieve this target by following a dual strategy. On the one hand, the 1979 Wild Birds Directive and 1992 Habitats Directive are designed to protect important sites housing vulnerable wildlife. On the other hand, biodiversity protection is to be integrated into all other Community policies. The Community views the Common Agricultural Policy as having a vital role in both areas. It provides a mechanism through which much needed Community funding can be channelled into the management of protected wildlife sites. Equally, it also has an important influence upon biodiversity in the wider countryside. This article examines the regulatory measures that have been taken to integrate biodiversity protection into the Community's agricultural policies and assesses whether they are likely to be sufficient to enable the Community to meet its 2010 target.     

Biodiversity for Sustainable Development: The CBD's Contribution to the MDGs

This article explores the links between biodiversity and sustainable human development, on the one hand, and the globally agreed Millennium Development Goals. In particular, it focuses on the important role and contribution that biodiversity and the 1992 United Nations Convention on Biological Diversity can make to ongoing efforts and processes to reduce poverty, hunger, disease and environmental degradation worldwide. Damage to ecosystems, species and habitats, and the loss of biodiversity can and will have a serious impact on human health and development. The future of human development will be closely affected by individual choices and political decisions in industrialized countries. Governments, international financial institutions, the private sector, intergovernmental organizations and non-governmental organizations need to take action to meet their global responsibilities regarding biodiversity conservation, poverty reduction and sustainable development, and their responsibilities to present and future generations.     

How to build European private law: an economic analysis of the lawmaking and harmonization dimensions in European private law

In the process of building a European Private Law, the lawmaking and harmonization dimensions??the modes of harmonization and even more, the scope and reach of the harmonizing effect of the European rules- appear as crucial issues. We show how the harmonization strategy is as important a question as whether we should have European Private Law at all. We present an economic discussion of the different modes of harmonizing Private Law in the abstract, and how they are likely to differently affect outcomes. We also present in informal terms a simple economic model of how to build optimal harmonized rules and standards in a setting of pre-existing separate and diverse national ones, and we systematically explore how the different harmonization regimes (maximum harmonization, minimum harmonization, and pure co-existence of harmonized and national standards) affect the outcomes of the harmonization process.