Legal frameworks for nature conservation and landscape protection

Abstract

In a brief period, a new paradigm for a comprehensive approach to nature conservation and landscape protection has been put on the agenda, mainly through developments of international and European law. The implementation of the new paradigm by national states requires a common language but not a uniformity of policy patterns. Existing legislative differences between European states not only show different degrees of evolution but also a wealth of cultures and experiences that can be turned into strength. Two elements of a comprehensive approach are appearing to emerge. The first one concerns the need for national governance both for assuring the guiding and monitoring of policies to be undertaken and for the definition of efficient nationwide principles and standards. The second element concerns the need for the largest possible sharing of responsibility. To this end the people awareness and participation, environmental agreements, new rights and duties and the use of property to assure protection can all provide great help. In any case, the task to be accomplished is very hard. The development of the modern environmental law is a very short-term experience with respect to power structures and legal schemes, which are often very ancient and deeply rooted but unsound in regard to the needs of the new paradigm.