The protection of terrestrial biological diversity and climate change : an environmental law perspective

Abstract

This thesis examines the adaptability of the legal frameworks for biodiversity protection in New Zealand and Germany to climate change. It includes the relevant international and European law and policy and introduces the reader to the most important provisions on biodiversity protection in these four legal systems. It particularly focuses on the assessment of conservation objectives and strategies set out in the law in order to evaluate its capability and potential to protect biodiversity in Germany and New Zealand in the future.

The thesis shows and explains major differences between conservation approaches in Germany and New Zealand. The differences are particularly apparent when looking at the status and role of indigenous biodiversity and introduced species in the two legal systems, but are also reflected in the importance of protected areas and active management strategies in New Zealand and the relatively greater importance of integrated strategies to biodiversity protection in Germany.

The main findings of this research are that because climate change is predicted to strongly affect biological systems, it will become more difficult to achieve the somewhat more preservationist and static goals that are predominant in New Zealand law an policy whereas conservation goals in German law and policy are comparatively more dynamic and open to change.