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Appears in Collections:Law and Philosophy Journal Articles
Peer Review Status: Refereed
Title: Wilderness Protection in the Canadian Arctic: The Significance of Connecting Traditional Ecological Knowledge with Wise Use (Forthcoming)
Authors: Marsden, Simon
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Citation: Marsden S (2018) Wilderness Protection in the Canadian Arctic: The Significance of Connecting Traditional Ecological Knowledge with Wise Use (Forthcoming), Journal of Environmental Law and Practice, 31 (2).
Abstract: This article will focus on international law and policy in the Canadian Arctic under the Wetlands Convention. It has been asserted that the legal reach of this treaty in Australia has been underestimated. Taking a comparative approach, the article will examine this claim with reference to Canadian wilderness protection, analysing designated Arctic sites that may meet definitions of wilderness. It will also specifically compare “wilderness criteria” in European contexts to criteria for the site inscription to ascertain to what extent the Wetlands Convention is capable of, and actually achieves, Arctic wilderness protection. The “wise use” management arrangements, and the role of Indigenous peoples in relation to them, will be a particular focus, because traditional ecological knowledge is a key element in them and contributor to wilderness protection. It will finally draw conclusions as to the extent to which wilderness criteria are satisfied both under the substantive law and guidance of the treaty, and also in context and practice. It will furthermore briefly comment on whether other factors may also influence wilderness protection, especially isolation from major population centres and absence of economic development.
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