Earth's most diverse biological regions are being destroyed with
little or no opposition, but John Kunich, an associate professor of law at
Roger Williams University Law School, hopes to have some impact in changing
this.
Kunich recently published an article in the Georgetown International
Environmental Law Review, entitled "Fiddling Around While the Hotspots Burn
Out." The "hotspots" in question are 25 exceptionally diverse tropical regions
that are being pillaged for their rich natural resources. Scattered about the
globe with a collective land area roughly the combined size of Alaska and
Texas, they contain more than 60 percent of the planet's biodiversity.
One of the major obstacles to preservation is that many hotspots are situated
in developing countries, where, in the short term, the land is more valuable
for agriculture and development. As Kunich says, "When the question comes down
to jobs versus rain forests, guess who wins?" Even when preventive measures are
adopted, enforcement remains difficult.
So far, there have been many answers, but few solutions, in the struggle to
protect hotspots. Aside from moderate victories in Costa Rica and New Zealand,
legal protection is woefully ineffective. "Paper laws are no match for paper
money," Kunich writes in his article. Governments and individuals that rely on
hotspots as a cheap and easy way of generating income will be hard-pressed to
change their ways without significant external motivation.
Still, the professor is hardly alone in insisting that the potential benefits
of rainforests far outweigh the difficulties in protecting them. Scientists
estimate some 30 million species are yet to be discovered in such regions. Any
one of these species may hold the key to numerous practical human innovations.
"There may be uses that will apply to some possible future disease, illness, or
environmental condition that we don't even have now," Kunich says. The key is
to save all the puzzle pieces so that they're around when we do need them."
In his mind a real and lasting solution involves targeting nations that are
home to hotspots and providing incentives for people to stop devastating the
areas. Such a system would avoid threats to a nation's sovereignty. "It's more
in the way of positive inducements and rewards for the nations that do help
identify and protect their resources," Kunich says. Inducements would range
from money to technological and scientific resources allotted to the most
deserving nations.
The next step is to make the general populace aware of these resources and
their perilous situation, and by doing so, force lawmakers to focus more
attention on the issue. Kunich, who is continuing his research, says, "There's
no one out there carrying the banner for the legal system and what role the law
can play in safeguarding the world's biodiversity. So that's what I'm trying to
do."
Issue Date: February 15 - 21, 2002