Skip to main content
Article
Transnational Conservation Contracts
Leiden Journal of International Law
  • Natasha Affolder, Allard School of Law at the University of British Columbia
Faculty Author Type
Current Faculty [Natasha Affolder]
Document Type
Article
Publication Date
1-1-2012
Subjects
  • Conservation agreements,
  • Environmental contracts,
  • Fairness,
  • Transnational law
Abstract

Transnational environmental law is the subject of growing scholarly interest. Yet, much work remains to be done to fill in both the conceptual and empirical contours of this field. One methodological challenge that transnational law poses is the need to look beyond traditional sources of international and national law. This article contributes to efforts to understand transnational law's multilayered architecture by drawing attention to the use of transnational contracts as a mechanism to protect habitats and species. The diverse and proliferating examples of conservation contracts discussed in this article – which include forest carbon agreements, conservation concessions, debt-for-nature swaps, conservation performance payments, and private protected area agreements – reveal an ongoing and intensifying transnational attempt to use private contracts to address some of the most pressing issues of common concern. This article draws on fairness theory in both contract and international environmental law to argue for law's relevance in interpreting conservation's call for contracts.

Citation Information
Natasha Affolder, "Transnational Conservation Contracts" (2012) 25:2 Leiden J Int'l L 443.