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Journal of Environmental Law Advance Access originally published online on January 27, 2009
Journal of Environmental Law 2009 21(1):1-31; doi:10.1093/jel/eqn033
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© The Author [2009]. Published by Oxford University Press. All rights reserved. For Permissions, please email: journals.permissions@oxfordjournals.org

Regulatory Innovations for Biodiversity Protection in Private Forests—Towards Flexibility

Louise Fromond, Jukka Similä and Leila Suvantola*

*Louise Fromond, LLM, is a doctoral student at the Institute of International Economic Law (KATTI), University of Helsinki, Finland (louise.fromond{at}helsinki.fi). Jukka Similä, LLD, is a senior researcher at the Finnish Environment Institute (SYKE), Helsinki, Finland (jukka.simila{at}ymparisto.fi). Leila Suvantola, LLM, PhD, is a researcher at the Department of Law, University of Joensuu, Finland (leila.suvantola{at}joensuu.fi).


  Abstract

The aim of the article is to identify and analyse innovative statutory regulation to address the challenges of biodiversity conservation, especially in relation to private forests. Four countries (Finland, Sweden, France and Australia) are scanned for innovative approaches and the identified instruments are classified into five categories according to the level and intensity of government interference. Advantages and drawbacks of the different instrument types related to their effectiveness, cost-effectiveness, fairness and acceptability are examined from a theoretical point of view. Compared to traditional measures of nature conservation, the examined innovative instruments provide for more flexibility relating to the nature of restrictions, scope, implementation or adjustability. This is aimed at improving acceptability among regulatees while upholding various degrees of government interference. On the basis of our analysis, innovations to address specific biodiversity challenges may be identified and new solutions developed.

Key Words: regulation • innovation • biodiversity conservation • forest management

The authors have made equal contributions to the article. This article is based on work done on the Environment and Law Research Programme 2005–2008 (www.aka.fi/envlaw) financed by the Academy of Finland (programme No 206020). The authors wish to thank the anonymous referees, Christopher Hilson, Eeva Primmer and Jan Darpö for valuable comments on earlier drafts of the article.


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