A Review of the Conservation Legal Regime of Taiwan: the Evolution, the Characteristics, and the Driving Forces
Date Issued
2015
Date
2015
Author(s)
Wang, Te-Ying
Abstract
Taiwan has rich biodiversity, but has faced the pressure from development and destruction. So it needs norms to regulate. The way those norms forms will influence Taiwan’s ecological environment a lot. This thesis focuses on the legal process of Taiwan’s conservation legal regime. It observes the evolution of Taiwan’s conservation legal regime, generalizes the characteristics of the regime, and analysis the driving forces of the regime. Taking about the evolution of the regime, this thesis discovers that it can be separated into four eras: the attachment era, the international pressure era, the fallow and rooting era, and the integrated response era. In the attachment era, Taiwan’s conservation legal regime development was attached to the need of economic growth. In the international pressure era, Taiwan rapid formed so norms of the regime under the great pressure from CITES and the Pelly Amendment of the US. In the fallow and rooting era, there were few changes of the law, but other part of the regime continued to grow. And in the integrated response era, some integrated norms started to fix problems left from past. As the characteristics of the regime, we can generalize them from three different prospective: the models of legislature, the change of the concept of the regime, and the interaction between the administration and the legislator. Taiwan followed the scattered legislate model in early days, and showed the phenomenon of the disjointed incrementalism. But recently, it had showed the sign that it might shift to the set legislate model. And through the time, the concept of the conservation regime in Taiwan had expanded. Lastly, we can discover that the main force of legislation has been shifted from the administration to the legislator of the main force of legislation. Taiwan’s conservation legal regime has three main driving forces, the economic force, the international force, and the domestic conservation force. The economic force showed both promote and resist function. The international force influenced the regime by both gentle and tough ways. And in the end, with the growth of the domestic conservation force, the conservation legal regime might become more robust through time.
Subjects
the conservation legal regime of Taiwna
legal process
driving forces analysis
SDGs
Type
thesis
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