Year: 2025
Type: book-chapter
Abstract: While non-use measures related to global commons exist, they remain rare and are subject to little academic attention. This chapter provides a conceptual framework for the study of non-use measures, starting with necessary definitions: ‘use’ refers to any activity that targets or otherwise impacts a natural or spatial-extension resource, and ‘non-use measures’ are measures adopted on the international scene that ban or suspend the use of a resource (eg ban, moratorium, no-take zone, closed season). The chapter further develops a typology of non-use measures, highlighting the variety of their legal natures, scopes of applicability, and durations. It then discusses the relationships and distinction between non-use measures and regulated-use (or limited-use) measures. Finally, this chapter turns to the rationales for non-use measures, showing that they are based on anthropocentric rather than intrinsic values of nature. As to the objectives pursued by non-use measures, these are extremely varied, ranging from preservation to supporting use at a later date or elsewhere. The conceptual framework developed in this chapter enables a systematic analysis of the non-use measures presented in the rest of the book, with a view to identifying the characteristics that might lead to successful adoption and implementation of non-use measures.
Source: Brill | Nijhoff eBooks
Author: Solène Guggisberg
Language: English
Topic: Environmental law and policy
Subfield: Law
Field: Social Sciences
Domain: Social Sciences
SDG: Life on land
Open Access status: hybrid
OpenAlex ID: W4412503360