Payment for Ecosystem Services

Benjamin, Antonio Herman de Vasconcellos e

doi:10.4314/pelj.v16i2.1

Cited by 3 publications

(2 citation statements)

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“…The field of ecosystem services accounting and valuation is an ongoing area of scientific development. Pardy (2014) describes the three primary approaches for protection of ecosystem services as: (1) a regulatory approach (e.g., da Silva and de Carvalho 2018); (2) payments to protect ecosystem services (e.g., Hirsch 2007;Ruhl 2008;Benjamin 2013;Salzman et al 2018), including investments in green infrastructure (Cosens and Fremier 2014;Salzman et al 2014; da Silva and de Carvalho 2018); and (3) market-based approaches (e.g., Salzman 2005;Hirsch 2007;Glicksman and Kaime 2013;Kaime 2013). From an environmental law perspective, the authority for using valuation and accounting, and the range of potential approaches and methodologies themselves are all areas of ongoing development, case law, and legal debate.…”

Section: Ecosystem Services Accounting Marketsmentioning

confidence: 99%

Ecosystem Services in U.S. Environmental Law and Governance for the Ecosystem-Based Management Practitioner

Harwell

2020

Ecosystem-Based Management, Ecosystem Services and Aquatic Biodiversity

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This chapter provides an overview of ecosystem services issues in United States (U.S.) law and governance for the Ecosystem-Based Management (EBM) practitioner. A brief overview summary of a suite of U.S. federal environmental laws where ecosystems services are relevant is presented along with a high-level overview of ecosystem services in federal and state agency regulations as it helps inform ecosystem-based management. As with the published science-based literature on ecosystem services, there is also a sizeable law-based literature available on ecosystem services. A HeinOnline law journal library focused search identified 1903 legal articles that contained reference to ecosystem services. Focusing on a snapshot of key literature, this chapter presents an overview of those articles that contained "ecosystem services" or "ecosystem based management" just in the article's title. From this survey across the breadth of law journals, a suite of ecosystem services topics related to EBM in environmental law are identified and summarized. Overall, the goal of this chapter is to present a high-level overview and direct the reader to resources to find more in-depth legal analyses of select ecosystem services topics. Lessons Learned • EBM practitioners need to have the large suite of federal environmental laws that impact EBM as a frame of reference. • There is active legal scholar literature on the intersection between ecosystem services and environmental laws. • The majority of the active legal scholar literature is focused on the core environmental laws, however, the summary table informs the reader of the potential applications of other legal and governance frameworks to ecosystem services and EBM.

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Section: Ecosystem Services Accounting Marketsmentioning

confidence: 99%

Ecosystem Services in U.S. Environmental Law and Governance for the Ecosystem-Based Management Practitioner

Harwell

2020

Ecosystem-Based Management, Ecosystem Services and Aquatic Biodiversity

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“…58 Indeed, another authority notes that the payment for ecosystem services topic 'is still emerging and frankly not well explored by the legal scholarship', before proceeding to identify the key issues remaining to be addressed by legislators, including the definition of the concept of 'ecosystems services', the basis for payments, the parties to whom payments should be made, the services for which payments should be available and the amounts to be paid. 59 Rieu-Clarke and Spray convincingly conclude that 'at least the basis of an ecosystems approach can be found in the key provisions of international water law' and regard the ecosystems services paradigm as 'a new conceptual framework for the detailed assessment and management of ecosystems in terms of the values and services that flow from ecosystems to humans'. 60 However, they also caution that…”

Section: Ecosystem Servicesmentioning

confidence: 99%

The Protection of Freshwater Ecosystems Revisited: Towards a Common Understanding of the ‘Ecosystems Approach’ to the Protection of Transboundary Water Resources

McIntyre¹

2014

Rev Euro Comp Intl Enviro

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The possible implications of States adopting, or of general international law imposing, a meaningful ‘ecosystems approach’ to the protection and management of shared international water resources are far‐reaching. However, the constituent elements of an ecosystems approach, as well as the practical means for its implementation, continue to emerge, though they have become increasingly well understood in recent years. Following the publication of an article ten years ago in RECIEL, this brief article sets out to update the reader on a number of key developments over the last ten years including, in particular: the proliferation of technical guidance on implementation of an ecosystems approach; recent focus on the need to safeguard ecological flows and the development of related methodologies; the emergence of the ecosystem services concept in international law and policy discourse; and the innovative employment of various ecosystem‐oriented measures in national legislative frameworks in recent years.

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Revising Payment for Ecosystem Services in the Light of Stewardship: The Need for a Legal Framework

2015

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Abstract:Since the Millennium Ecosystem Assessment (MEA) highlighted the importance of ecosystem services for human well-being, the payments for such services have increasingly been drawing the attention of governments, the private sector and academia. Nonetheless, there is not yet a specific legal framework which is able to capture the complexity of managing natural resources and, at the same time, deal with the numerous drawbacks that have been identified by critics, who are opposed to using financialisation of the environment as a tool. This paper, after briefly summarizing some of the main features and criticisms of the Payment for Ecosystem Services (PES), will critically assess the understanding of property rights over natural resources as stewardship, rather than as entitlement, because this interpretation is more coherent with the inherent characteristics of natural resources and, consequently, of ecosystem services. The novel usage of a stewardship dimension to property rights underlines the necessity for a legal framework for PES, constituted by "property-liability rules".

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Payment for Ecosystem Services

Cited by 3 publications

References 0 publications

Ecosystem Services in U.S. Environmental Law and Governance for the Ecosystem-Based Management Practitioner

Ecosystem Services in U.S. Environmental Law and Governance for the Ecosystem-Based Management Practitioner

The Protection of Freshwater Ecosystems Revisited: Towards a Common Understanding of the ‘Ecosystems Approach’ to the Protection of Transboundary Water Resources

Revising Payment for Ecosystem Services in the Light of Stewardship: The Need for a Legal Framework

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