Abstract
The legal protection of plants is a critical topic; at least a fifth of plant species are threatened with extinction. The latter is worrisome, as plants form the basis of virtually every ecosystem. Rob Amos has written a highly commendable work on this issue, released in a turbulent time at the peak of the COVID pandemic, one could have easily missed the book. However, it is an important read for those interested in international environmental law, as it explains in great detail the perils of present-day conservation regimes. The text is set in a refreshingly broad perspective, recognizing that the law does not operate in a vacuum. In short, the author goes beyond positivist legal analysis, and connects relevant regimes to their impact ‘on the ground’ through examples derived from conservation practices. For example, the book contains important segments on the role of NGOs, local communities and individuals within plant conservation. Perhaps controversially, Amos finds that the impact of these actors on nature conservation is larger than the impact often attributed to States.
It can be noted that the book hosts a range of philosophical, yet practical questions underpinning conservation. This ranges from the extent to which ecological value differs from an instrumental value to reflections on the anthropocentricity in international environmental law. However, much of the book consists of a careful analysis of the existing legal frameworks relevant for the protection of plants. The reader is therefore provided with the broad landscape of international conservation law, and for those who are already familiar with these regimes, the author offers interesting new perspectives by, for example, proposing textual amendments to international and regional treaties or by drawing out new arguments from the legal scholarship.
Furthermore, it is welcome that Amos takes a context-specific approach to the legal protection of plants: the regulatory response to the main drivers of plant diversity loss, such as climate change or international trade, are explored separately. The same approach is taken with regard to threatened habitats such as polar or mountain ecosystems. By comparing the effectiveness of legal regimes within such a specific context, Amos identifies relevant weak points – whilst simultaneously proposing solutions to complicated problems within the law. The Biodiversity Convention, for example, is plagued by limitations with regard to areas beyond national jurisdiction. The author then brings in relevant lessons from OSPAR, as said instrument features a carefully managed network of Marine Protected Areas (MPAs). This method of ‘constructive comparison’ is a common thread throughout the book, which can be appreciated.
In the end, Amos finds that international environmental law does not effectively conserve plant populations. As a result of this grim conclusion, the author addresses the way forward for the protection of plants within international law. In other words, what needs to change within these regimes? The final chapters bundle new ideas and identify the main components needed for successful conservation in relation to plants. In this regard, there is attention for the Rights of Nature movement, Great Jurisprudence, the principle of ecological sustainability, wild law and many other innovative and forward-looking concepts within environmental law. It can be appreciated that the proposed ideas hinge on realistic and nuanced arguments. For example, as tempting as it is to outright disregard the principle of sovereignty over natural resources within international law – and leave it there - Amos instead constructs a progressive development of the law towards an ecosystem approach. This is not to suggest that one will automatically agree with every point raised within this book. Instead, the final chapters challenge current thinking, whilst engaging with more established notions of environmental law.
A few key messages from the book deserve further reflection. First and foremost, Amos convincingly argues that international nature conservation law has not sufficiently evolved over time – which can be deemed a crucial point. Various conservation instruments have become outdated due to rigid regimes negotiated in the past, which have not been updated to accommodate new findings in the field of ecology, taxonomy or climate science. This can, for example, be observed within the limited understanding of symbiotic relations between species, and the lack of attention to climate change adaptation policies within older regimes. Moreover, lists of protected species receive limited updates far and few between, and in many cases, there are more pressing candidates for conservation to be selected. In turn, Amos identifies crucial missed opportunities in international conservation law.
In light of these gaps, the author proposes solutions to address them. For example, Amos argues that there is a need for a larger role of international law with regard to the gathering of data on the conservation status of ecosystems (and its respective plants). Moreover, the author proposes that conservation efforts should incorporate the principle of adaptive management, which disregards a rigid focus on individual species – and instead focusses on the preservation of whole ecosystems. This approach would enable conservation practices to evolve along with new ecological research. Whilst this will be one of the biggest challenges for the 21st century, if current extinction levels are to be halted, it is a key finding needed for reform.
In sum, the protection of plants in theory and practice is a valuable contribution to the legal scholarship, filling a pressing gap. Due to the clearly divided structure of this book with regard to the respective legal regimes and relevant habitats – it can be a helpful tool when conducting research into in situ or ex situ nature conservation law or conservation practice. Moreover, it challenges the status quo within international environmental law and bundles relevant concepts for nature conservation, turning complex abstract ideas such as ‘resilience-thinking’ into understandable (and logical) steps for future conservation efforts.