Jerneja Penca has published a new paper entitled “Biodiversity Offsetting in Transnational Governance” in Review of European, Comparative & International Environmental Law (Volume 24, Issue 1, pages 93–102, April 2015. You can read the full article on the Journal website (pay-walled). For more information see also the abstract below.
This article discusses the introduction of biodiversity offsets at the transnational governance level, at the vanguard of which is the practice by the Business and Biodiversity Offset Programme (BBOP). The institutional setting of the BBOP and the legal arrangement of biodiversity offsets at the international level are analyzed, zooming in on the institutional and normative interplay between the transnational governance network (BBOP) and the Convention on Biological Diversity as well as the Ramsar Convention. The significance of the case study lies in highlighting the cooperative, but also the exclusionary, effect of transnational networks and in demonstrating how new governance structures implement treaty provisions but rely on a contested interpretation, which then feeds back into the treaty process.