Legal Responses to Human-Wildlife Conflict: The Precautionary Principle, Risk Analysis and the ‘Lethal Management’ of Endangered Species

7 IUCN Academy of Environmental Law Journal 57 (2017)

Griffith University Law School Research Paper No. 1706

28 Pages Posted: 3 Mar 2017

See all articles by Evan Hamman

Evan Hamman

Queensland University of Technology - Faculty of Law, Students

Katie Woolaston

Queensland University of Technology

Bridget Lewis

Queensland University of Technology - Faculty of Law

Date Written: March 2, 2017

Abstract

Sharks can kill, wolves and bears can maim, and bats and birds can spread disease. Human existence has a long history of such conflicts. But as our populations and activities expand, human-wildlife encounters are an increasingly common source of tension. Some species pose a risk to humans, including through the spread of disease, but may also be endangered or at risk of extinction themselves. In such cases, there is a duty to conserve (nature), but also to protect (the public). Deciding how to respond requires decision-makers to make difficult but important value judgments. This article searches for ways to improve the legal processes for managing these unique situations of human-wildlife conflict. It investigates whether principles of international environmental law and human rights can be part of the solution, and if so, to what extent. The analysis concludes that one of the foremost roles for law is to prescribe processes for decision-makers which are rational, balanced and transparent. Existing principles like the precautionary principle are relevant, but they are only part of a broader risk analysis which must also account for human rights, communities and cultural values.

Suggested Citation

Hamman, Evan and Woolaston, Katie and Lewis, Bridget, Legal Responses to Human-Wildlife Conflict: The Precautionary Principle, Risk Analysis and the ‘Lethal Management’ of Endangered Species (March 2, 2017). 7 IUCN Academy of Environmental Law Journal 57 (2017), Griffith University Law School Research Paper No. 1706, Available at SSRN: https://ssrn.com/abstract=2926760

Evan Hamman

Queensland University of Technology - Faculty of Law, Students ( email )

Brisbane
Australia

Katie Woolaston (Contact Author)

Queensland University of Technology ( email )

Level 4, C Block Gardens Point
2 George St
Brisbane, QLD 4000
Australia
+61409770026 (Phone)

Bridget Lewis

Queensland University of Technology - Faculty of Law ( email )

Level 4, C Block Gardens Point
2 George St
Brisbane, QLD 4000
Australia

HOME PAGE: http://staff.qut.edu.au/staff/lewisb/

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