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Article: Domesticating the exotic species: international biodiversity law in Canada.
- Article from:
- McGill Law Journal
- Article date:
- June 22, 2006
- Author:
CopyrightCOPYRIGHT 2006 McGill Law Journal (Canada). This material is published under license from the publisher through the Gale Group, Farmington Hills, Michigan. All inquiries regarding rights should be directed to the Gale Group. (Hide copyright information)
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While a significant body of international and regional agreements now addresses habitat preservation, wildlife protection, and biological diversity, these advances on the international level often fail to be effectively translated into domestic law. In this article, the author argues that international biodiversity law is being treated in Canada as "exotic". It is peppered into parties' submissions without a principled explanation of its role in Canadian law, receives little consideration from the courts, and must ultimately rely on non-legal means of enforcement.
The author examines jurisprudence dealing with four major biodiversity treaties. She notes that the ...