Addressing Weak Legal Protection of Wilderness: Deliberate Choices and Drawing Lines on the Map

Chapter in: Steffen Fritz and Steve Carver (Eds), Mapping Wilderness: Concepts, Techniques and Applications of GIS, Heidelberg/Dordrecht/New York: Springer 2014

18 Pages Posted: 19 May 2014

Date Written: May 18, 2014

Abstract

Wilderness areas are characterized by a relatively high degree of naturalness, the absence of proof of modern human society (e.g., roads, buildings, bridges, motorized transportation) and a relatively large size (IUCN 2008). Worldwide, wilderness areas are becoming more scarce and this article focuses on the role of law in protecting such areas. The discussion starts with an analysis of the historic human-nature attitude in Western society and how this attitude has influenced legal concepts regarding private property on land and territorial sovereignty. It will be shown that these concepts have stimulated active land transformation by humankind and that (as a consequence) wilderness protection is not embedded in our Western legal roots. Next, the discussion focuses on the response to the increasing awareness of the downside of modern human civilization: a changing human-nature attitude in the Nineteenth Century and the adoption of a large number of international nature protection conventions in the Twentieth Century. However, all this ‘law making’ has not resulted in comprehensive wilderness protection at the global or regional level, which may be explained by a number of important weaknesses in these conventions and their implementation. Probably, many of these weaknesses have much to do with weaknesses of humankind itself, such as the difficulty to accept limitations to our social and economic ambitions and our disability to deal with accumulative impacts. Against the background of these discussions, the final part of this chapter discusses options for strengthening wilderness protection with an emphasis on the importance of making deliberate policy choices to protect wilderness.

Keywords: wilderness, wilderness protection, wilderness law, human-nature relationship, mapping wilderness, GIS, nature conservation, nature protection law, biodiversity, accumulative impacts, naturalness, ecosystems

JEL Classification: K32, K33, N50, Q20, Q24, Q28, Q30, Q38

Suggested Citation

Bastmeijer, Kees, Addressing Weak Legal Protection of Wilderness: Deliberate Choices and Drawing Lines on the Map (May 18, 2014). Chapter in: Steffen Fritz and Steve Carver (Eds), Mapping Wilderness: Concepts, Techniques and Applications of GIS, Heidelberg/Dordrecht/New York: Springer 2014. Available at SSRN: https://ssrn.com/abstract=2438408

Kees Bastmeijer (Contact Author)

Tilburg University ( email )

P.O.Box 90153
Tilburg, 5000 LE
Netherlands

HOME PAGE: http://www.tilburguniversity.nl/webwijs/show/?uid=c.j.bastmeijer

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