Notes on Publishing Pieces with a Law and Policy Perspective Geoffrey Wandesforde-Smith, Emeritus Professor and Director

1. JOURNAL OF INTERNATIONAL WILDLIFE LAW AND POLICYA Taylor & Francis/Routledge Publicationwww.jiwlp.comEDITOR-IN-CHIEF: William C.G. BurnsASSOCIATE EDITOR: Geoffrey Wandesforde-Smith Notes on Publishing Pieces with a Law and Policy Perspective Geoffrey Wandesforde-Smith, Emeritus Professor and Director Environment Program, UC Center Sacramento Wildlife Conservation, Law, and Policy Seminar Geography Graduate Group, UC Davis, Winter 2007. 1Paul Haverkamp and Margaret Swisher, Coordinators.

2. JOURNAL OF INTERNATIONAL WILDLIFE LAW AND POLICYA Taylor & Francis/Routledge Publicationwww.jiwlp.comEDITOR-IN-CHIEF: Professor William C.G. BurnsASSOCIATE EDITOR: Professor Geoffrey Wandesforde-Smith • Publishing is a contextual act • Part of the context is established by “ideas in good currency,” in this case in “conservation biology,” very broadly understood • Part is set by editors and reviewers, acting as gatekeepers for quality • Part is set by prospective readers and the value they find in what authors have to say • Much the most important part is set by the author(s), with fresh ideas and information to communicate

3. JOURNAL OF INTERNATIONAL WILDLIFE LAW AND POLICYA Taylor & Francis/Routledge Publicationwww.jiwlp.comEDITOR-IN-CHIEF: Professor William C.G. BurnsASSOCIATE EDITOR: Professor Geoffrey Wandesforde-Smith • 1. What’s the conservation biology context? • New programs in conservation biology, like traditional biology and wildlife programs, do not adequately prepare students for success in the non-academic world (Noss 1997, Clark 2001).  • The kinds of knowledge, problem-solving approaches, and outlook that academically trained professionals bring to this difficult and important work do not square with the reality that conservation problems are social and economic, not scientific, yet biologists have traditionally been expected to solve them.(Clark 1994, Schaller 1992).  • J.A. Clark, The Endangered Species Act: its history, provisions, and effectiveness, 19-43 in ENDANGERED SPECIES RECOVERY: FINDING THE LESSONS, IMPROVING THE PROCESS (T.W. Clark, R.P. Reading, & A.L. Clarke, eds., 1994) • T.W. Clark, Developing policy-oriented curricula for conservation biology: Professional and leadership education in the public interest.  15 Conservation Biology 31 (2001). • Noss, R.F.  1997.  The failure of universities to produce conservation biologists. 11 Conservation Biology 1267 (1997). • G.B. Schaller, Field of dreams.  Wildlife Conservation (September/October, 1992) at 44.

4. JOURNAL OF INTERNATIONAL WILDLIFE LAW AND POLICYA Taylor & Francis/Routledge Publicationwww.jiwlp.comEDITOR-IN-CHIEF: Professor William C.G. BurnsASSOCIATE EDITOR: Professor Geoffrey Wandesforde-Smith • 1. Conservation biology context (cont.) • Noss, a former President of the Society of Conservation Biology and former editor of the journal Conservation Biology, also asserted that: “with few exceptions, universities fail to train graduate students for problem-solving outside academia.”  • Foremost among his suggestions for improvement was that university curricula develop rigorous interdisciplinary programs and courses that encourage student familiarity with applicable state and federal environmental laws and policies.  • In addition, he suggested that universities require coursework sufficient for students to understand the philosophical underpinnings, value dimensions, and historical context of science.

5. JOURNAL OF INTERNATIONAL WILDLIFE LAW AND POLICYA Taylor & Francis/Routledge Publicationwww.jiwlp.comEDITOR-IN-CHIEF: Professor William C.G. BurnsASSOCIATE EDITOR: Professor Geoffrey Wandesforde-Smith • 1. Conservation biology context (cont.) • Wow! That’s a tall order! • Obviously, both the critics and everyone else associated with conservation biology education want graduate students to succeed as scientists andto make a difference in the world • Equally obviously, the completion of a master’s thesis or doctoral dissertation equips people with the skill sets they need to be credentialed as a “conservation biologist” in the academic world • So, if a student wants to become credentialed in the academic world and make a difference in the real world, what is he or she to do? More years of study in law and policy and philosophy and values and history and………?

6. JOURNAL OF INTERNATIONAL WILDLIFE LAW AND POLICYA Taylor & Francis/Routledge Publicationwww.jiwlp.comEDITOR-IN-CHIEF: Professor William C.G. BurnsASSOCIATE EDITOR: Professor Geoffrey Wandesforde-Smith • 1. Conservation biology context (cont.) • One way to demonstrate the relevance in the real world of a research project primarily meant to satisfy the requirements of the academic world – without spending X additional years as a student -- is to publish something about the project in a law and policy journal • Reprints are highly valuable assets • They can be shared • They show seriousness of purpose • They demonstrate writing skills • They are a sign of professionalism

7. JOURNAL OF INTERNATIONAL WILDLIFE LAW AND POLICYA Taylor & Francis/Routledge Publicationwww.jiwlp.comEDITOR-IN-CHIEF: Professor William C.G. BurnsASSOCIATE EDITOR: Professor Geoffrey Wandesforde-Smith • 1. Conservation biology context (cont.) • Publishing is not everyone’s cup of tea. • Assuming you want to proceed…….questions arise • What are wildlife law and policy journals publishing? • Which journals do this sort of thing? • And what exactly would be involved in developing a publication out of a thesis/dissertation project or a manuscript you have tucked away in a drawer?

8. 2. The law and policy context

9. JOURNAL OF INTERNATIONAL WILDLIFE LAW AND POLICYA Taylor & Francis/Routledge Publicationwww.jiwlp.comEDITOR-IN-CHIEF: Professor William C.G. BurnsASSOCIATE EDITOR: Professor Geoffrey Wandesforde-Smith • 2.A. The view from the state • If wildlife conservation requires legislation, and subsequently regulation (of how hunters behave, say) and management (of critical species and habitats), then it requires the exercise of state sovereignty • The evolution of the state’s role (federal and state in the U.S.) in wildlife conservation has received a lot of scholarly attention.

10. JOURNAL OF INTERNATIONAL WILDLIFE LAW AND POLICYA Taylor & Francis/Routledge Publicationwww.jiwlp.comEDITOR-IN-CHIEF: Professor William C.G. BurnsASSOCIATE EDITOR: Professor Geoffrey Wandesforde-Smith • 2.A. Some landmark texts • Michael Bean & Melanie Rowland, THE EVOLUTION OF NATIONAL WILDLIFE LAW, 3d ed. (1997) • Thomas Lund, AMERICAN WILDLIFE LAW (1980) • Thomas Dunlap, SAVING AMERICA’S WILDLIFE: ECOLOGY AND THE AMERICAN MIND, 1850-1990 (1988) • Dale Goble & Eric Freyfogle, WILDLIFE LAW (2002) • John Nagle & J.B. Ruhl, THE LAW OF BIODIVERSITY AND ECOSYSTEM MANAGEMENT (2002) • The wildlife and biodiversity conservation chapters of general environmental law texts, such as Thomas Schoenbaum, Ronald Rosenberg & Holly Doremus, ENVIRONMENTAL POLICY LAW, 4th ed. (2002)

11. JOURNAL OF INTERNATIONAL WILDLIFE LAW AND POLICYA Taylor & Francis/Routledge Publicationwww.jiwlp.comEDITOR-IN-CHIEF: Professor William C.G. BurnsASSOCIATE EDITOR: Professor Geoffrey Wandesforde-Smith • 2.A. The story told by the texts • Increasing state intervention, beginning with the Progressive Era and the rise of conservation “science” [1890s-1920s] • Increasing unhappiness over the first half of the twentieth century with the “capture” of state wildlife agencies by consumption interests (hunters, sports fishermen, commercial fishermen) [1930s-1960s] • Increasing assertion of “federal jurisdiction” to protect species and to assert existence values, subsequent to the emergence of ecology as a management science [1970s-1980s] • Increasing reaction to the costs of biodiversity conservation and ecosystem management, especially by property owners • Increasing interest in “new forms of governance” for wildlife conservation (planning, stewardship, partnership, certification/labeling)

12. JOURNAL OF INTERNATIONAL WILDLIFE LAW AND POLICYA Taylor & Francis/Routledge Publicationwww.jiwlp.comEDITOR-IN-CHIEF: Professor William C.G. BurnsASSOCIATE EDITOR: Professor Geoffrey Wandesforde-Smith • 2.B The state view outside the U.S. • Single state focus: landmark texts • Rosaleen Duffy, KILLING FOR CONSERVATION: WILDLIFE POLICY IN ZIMBABWE (2000) • William Beinart, THE RISE OF CONSERVATION IN SOUTH AFRICA: SETTLERS, LIVESTOCK, AND THE ENVIRONMENT 1770-1950 (2003)

13. JOURNAL OF INTERNATIONAL WILDLIFE LAW AND POLICYA Taylor & Francis/Routledge Publicationwww.jiwlp.comEDITOR-IN-CHIEF: Professor William C.G. BurnsASSOCIATE EDITOR: Professor Geoffrey Wandesforde-Smith • 2.B. The state view outside the U.S. (cont.) • Comparative state focus: some landmark texts • Thomas Dunlap, NATURE AND THE ENGLISH DIASPORA: ENVIRONMENT AND HISTORY IN THE UNITED STATES, CANADA, AUSTRALIA, AND NEW ZEALAND (1999) • Clark Gibson, POLITICIANS AND POACHERS: THE POLITICAL ECONOMY OF WILDLIFE POLICY IN AFRICA (1999). [Zambia, Kenya, Zimbabwe] • James Fairhead & Melissa Leach, SCIENCE, SOCIETY AND POWER: ENVIRONMENTAL KNOWLEDGE AND POLICY IN WEST AFRICA AND THE CARIBBEAN (2003). [Guinea and Trinidad]

14. JOURNAL OF INTERNATIONAL WILDLIFE LAW AND POLICYA Taylor & Francis/Routledge Publicationwww.jiwlp.comEDITOR-IN-CHIEF: Professor William C.G. BurnsASSOCIATE EDITOR: Professor Geoffrey Wandesforde-Smith • 2.B.The story told outside the U.S. • The exercise of state sovereignty for wildlife conservation outside the U.S. has some similarities to the story in the U.S. • Most notably, consistent evidence of domestic law and policy being shaped by science and scientists • Similarly consistent evidence of domestic law and policy being shaped by international environmental NGOs • World Conservation Union (IUCN) • World Wide Fund for Nature (WWF) • Wildlife Conservation Society • Fauna and Flora International • International Fund for Animal Welfare

15. JOURNAL OF INTERNATIONAL WILDLIFE LAW AND POLICYA Taylor & Francis/Routledge Publicationwww.jiwlp.comEDITOR-IN-CHIEF: Professor William C.G. BurnsASSOCIATE EDITOR: Professor Geoffrey Wandesforde-Smith • 2.B.The story told outside the U.S. (cont.) • There are also significant differences, however, especially in developing countries • State capacity is sapped by lack of resources (economic and social capital) and corruption. State formulation of laws and policies is, therefore, difficult. Implementation is even more difficult. • Domestic civil society and public opinion are weak to non-existent policy drivers and usually eclipsed by international NGOs, usually closely allied with the scientific community, and aid agencies • Since WSSD (Johannesburg 2002), equity, distributional, and indigenous peoples issues have become impossible to ignore. • State weakness has not been bolstered by the imposition of “neoliberal conditionalities”

16. JOURNAL OF INTERNATIONAL WILDLIFE LAW AND POLICYA Taylor & Francis/Routledge Publicationwww.jiwlp.comEDITOR-IN-CHIEF: Professor William C.G. BurnsASSOCIATE EDITOR: Professor Geoffrey Wandesforde-Smith • 3. The international law view • The notion that wildlife and biodiversity conservation can be most effectively addressed through international law, while it has some history, is more recent than the turn to action at the level of the state • {Note parenthetically that under international regimes implementation remains primarily a state responsibility}

17. JOURNAL OF INTERNATIONAL WILDLIFE LAW AND POLICYA Taylor & Francis/Routledge Publicationwww.jiwlp.comEDITOR-IN-CHIEF: Professor William C.G. BurnsASSOCIATE EDITOR: Professor Geoffrey Wandesforde-Smith • 3. Some landmark texts • Simon Lyster, INTERNATIONAL WILDLIFE LAW (1985, 1993) • ICRW (1931, 1946), Seals & Polar Bears, Birds, Vicuna • Western Hemisphere Convention (1942), African Convention (1900, 1933, 1968), European Convention on Wildlife and Habitats (Berne 1979), Antarctic Marine Living Resources (1980) • Wetlands (Ramsar 1971), World Heritage (1972), CITES (1973), Migratory Species (1979) • N.B. the date of the UN Conference on the Human Environment, Stockholm 1972, and the Earth Summit in Rio de Janeiro 1992

18. JOURNAL OF INTERNATIONAL WILDLIFE LAW AND POLICYA Taylor & Francis/Routledge Publicationwww.jiwlp.comEDITOR-IN-CHIEF: Professor William C.G. BurnsASSOCIATE EDITOR: Professor Geoffrey Wandesforde-Smith • 3. Some landmark texts (cont.) • David Hunter, James Salzman & Durwood Zaelke, INTERNATIONAL ENVIRONMENTAL LAW AND POLICY, 2d ed. (2002) [new edition late 2006] • Philippe Sands, PRINCIPLES OF INTERNATIONAL ENVIRONMENTAL LAW, 2d ed. (2003) • “Biodiversity Conservation” has come to encompass both species and habitats • Traditional focus on charismatic megafauna clearly extended to other animals and plants • Centerpiece Treaty: Convention on Biological Diversity (1992), to which the U.S. is not a party

19. JOURNAL OF INTERNATIONAL WILDLIFE LAW AND POLICYA Taylor & Francis/Routledge Publicationwww.jiwlp.comEDITOR-IN-CHIEF: Professor William C.G. BurnsASSOCIATE EDITOR: Professor Geoffrey Wandesforde-Smith • 3. The international story • International law was much favored as an instrument for wildlife conservation in the late 1960s and early 1970s • This was a period when the political mobilization of environmentalists in the U.S. spilled over into the international arena and carried with it the same deep faith in the efficacy of law as an instrument of environmental change that was evident in the “great age” of American environmental law making • Much of the momentum at the international level had been lost, however, when the Earth Summit convened in Rio de Janeiro, 1992. • Why?

20. JOURNAL OF INTERNATIONAL WILDLIFE LAW AND POLICYA Taylor & Francis/Routledge Publicationwww.jiwlp.comEDITOR-IN-CHIEF: Professor William C.G. BurnsASSOCIATE EDITOR: Professor Geoffrey Wandesforde-Smith • 3. The international story (cont.) • Increasingly forceful advocacy of countervailing interests in development • The recognition and assertion of state “incapacity” • A general desire, stimulated by the Rio Earth Summit, for laws and policies that advance “sustainability” coupled with an inability to operationalize the concept, which stymied the World Summit on Sustainable Development (WSSD) in Johannesburg in 2002 • A lack of MEA articulation and coordination • Complexity of cross-cutting issues: Traditional knowledge and intellectual property; International Trade; Gender; Invasive species. • Increasing interest in “new forms of governance” for wildlife/biodiversity conservation (planning, stewardship, partnership, certification/labeling)

21. JOURNAL OF INTERNATIONAL WILDLIFE LAW AND POLICYA Taylor & Francis/Routledge Publicationwww.jiwlp.comEDITOR-IN-CHIEF: Professor William C.G. BurnsASSOCIATE EDITOR: Professor Geoffrey Wandesforde-Smith • 4. The view from the market • Application of market-like thinking to wildlife and biodiversity conservation is relatively recent • Signaled by: Michael J. Glennon, Has International Law Failed the Elephant? 84 AM. J. INT’L LAW 1-43 (1990) • Landmark text: Benjamin Cashore, Graeme Auld & Deanna Newsom, GOVERNING THROUGH MARKETS: FOREST CERTIFICATION AND THE EMERGENCE OF NON-STATE AUTHORITY (2004)

22. JOURNAL OF INTERNATIONAL WILDLIFE LAW AND POLICYA Taylor & Francis/Routledge Publicationwww.jiwlp.comEDITOR-IN-CHIEF: Professor William C.G. BurnsASSOCIATE EDITOR: Professor Geoffrey Wandesforde-Smith • 4. The view from the market (cont.) • Has at least two principal themes • The certification and labeling of goods as a signal to markets that the associated production, distribution, and consumption processes are “sustainable” • Forest Stewardship Council, Marine Stewardship Council, wine and grapes, organic foods, coffee, biofuels, green buildings, sports industries • The “pricing” of ecosystem services as a signal to decision makers that they need no longer (as they have in the past) treat the environment as a free good • See www.ecosystemmarketplace.com and www.ecosystemservicesproject.org

23. JOURNAL OF INTERNATIONAL WILDLIFE LAW AND POLICYA Taylor & Francis/Routledge Publicationwww.jiwlp.comEDITOR-IN-CHIEF: Professor William C.G. BurnsASSOCIATE EDITOR: Professor Geoffrey Wandesforde-Smith • 4. The view from the market (cont.) • The development of certification and labeling is much further along than markets for ecosystem services • Indeed, “Emerging governance systems are overrunning several classical divisions of regulation, and indeed of law – between states, firms, and the public, and between national and international domains.” (Meidinger 2006) • “Conventionally labeled as ‘self-governance’ because they are organized around global product chains, the programs also incorporate a growing variety of non-economic interests [multiple stakeholders] from around the world in policy making and implementation and often compete with each other within economic sectors.” (Ibid.)

24. JOURNAL OF INTERNATIONAL WILDLIFE LAW AND POLICYA Taylor & Francis/Routledge Publicationwww.jiwlp.comEDITOR-IN-CHIEF: Professor William C.G. BurnsASSOCIATE EDITOR: Professor Geoffrey Wandesforde-Smith • 4. The view from the market (cont.) • Even as certification and labeling gain support there are serious issues to be resolved (Adapted from ibid.) • Effectiveness (whose problems are being solved?) • Evidence that multi-interest self-governance systems are effectuating behavioral change grows steadily stronger, but it does not follow that they are ‘solving’ the problems they seek to address. • Accountability (what if voluntarism fails?) • Perhaps multi-interest self-governance systems are evolving accountability based on learning and adaptability, and will somehow answer to a newly emerging transnational citizenry…while effectively addressing problems. Or it may turn out that skeptics are correct; the new systems effectively answer to no one, or only to already privileged social interests. • Legitimacy (who elected these people, anyway?) • Multi-interest self-governance systems rely heavily on mimicking well-established institutions – primarily those of standard setting and certification and the best practices of government regulatory institutions.

25. JOURNAL OF INTERNATIONAL WILDLIFE LAW AND POLICYA Taylor & Francis/Routledge Publicationwww.jiwlp.comEDITOR-IN-CHIEF: Professor William C.G. BurnsASSOCIATE EDITOR: Professor Geoffrey Wandesforde-Smith • 5. The view from the community level • Bypass in this presentation • Except to say (1) that in the domestic context in advanced economies, while many, vigorous local initiatives are evident, they may have “nowhere to go,” in a hostile national political climate (e.g. the U.S.) • And (2) that the bloom is off the rose of Community-Based Natural Resources Management (CBNRM), and its many acronymic variants, in the context of developing countries • See Arielle Levine & Geoffrey Wandesforde-Smith, Wildlife, Markets, States, and Communities in Africa: Looking Beyond the Invisible Hand, 7 JIWLP 135, at 140-142 (2004)

26. From the perspective of at least one editor, then, the leading law and policy questions conservation biology research ought to tackle are (a) those that promise to build state capacity and (b) those that evaluate market mechanisms as “substitutes” for state initiatives.

27. JOURNAL OF INTERNATIONAL WILDLIFE LAW AND POLICYA Taylor & Francis/Routledge Publicationwww.jiwlp.comEDITOR-IN-CHIEF: Professor William C.G. BurnsASSOCIATE EDITOR: Professor Geoffrey Wandesforde-Smith • Given the validity or at least plausibility of the preceding analysis, how do the seminar presentations stack up? • Remarkably well! • Take some examples (both seen and heard) • Mulder • Giles • Swarner • Melding of research methodology and political process sensibilities

28. JOURNAL OF INTERNATIONAL WILDLIFE LAW AND POLICYA Taylor & Francis/Routledge Publicationwww.jiwlp.comEDITOR-IN-CHIEF: Professor William C.G. BurnsASSOCIATE EDITOR: Professor Geoffrey Wandesforde-Smith • Mulder • On the face of it, a remarkable opportunity to contribute to our understanding of how the methodology of certification evolves and the process of extending it to a new commercial sector, namely wildlife-based sports industries • Could a way be found to focus an article (the research will clearly yield more than one) on the legitimacy of certification – why from the perspective of the Tanzanian public interest is it better to certify than to regulate?

29. JOURNAL OF INTERNATIONAL WILDLIFE LAW AND POLICYA Taylor & Francis/Routledge Publicationwww.jiwlp.comEDITOR-IN-CHIEF: Professor William C.G. BurnsASSOCIATE EDITOR: Professor Geoffrey Wandesforde-Smith • Giles • A dazzling display of how the ingenious development of research methodology has the potential to transform the process by which the (alarming) intrusiveness of the “marine mammal watching industry” is regulated (not) • However, no data presented on actual regulation in the U.S./Canada, say, or New Zealand. So, could the focus be on the methodology, with a short suggestion of how it might be applied?

30. JOURNAL OF INTERNATIONAL WILDLIFE LAW AND POLICYA Taylor & Francis/Routledge Publicationwww.jiwlp.comEDITOR-IN-CHIEF: Professor William C.G. BurnsASSOCIATE EDITOR: Professor Geoffrey Wandesforde-Smith • Swarner • An impressive showing of how field research and survey methodologies can be combined to rethink and re-evaluate the process by which compensation is implemented to control wild dog predation • But where’s the history – the recognition that controlling predation by dogs on livestock has a long history in southern Africa? And could the impact of this new research be enhanced by linking it to that earlier work? • William Beinart, The Night of the Jackal, ch. 6 in THE RISE OF CONSERVATION IN SOUTH AFRICA (2003)

31. JOURNAL OF INTERNATIONAL WILDLIFE LAW AND POLICYA Taylor & Francis/Routledge Publicationwww.jiwlp.comEDITOR-IN-CHIEF: Professor William C.G. BurnsASSOCIATE EDITOR: Professor Geoffrey Wandesforde-Smith • The Mulder, Giles, and Swarner examples point to the desirability and feasibility of a special issue of JIWLP the title of which might be • “Paving the Road for Good Intentions in Biodiversity Conservation: Innovative Research Methodology and Policy Process Reform”

32. JOURNAL OF INTERNATIONAL WILDLIFE LAW AND POLICYA Taylor & Francis/Routledge Publicationwww.jiwlp.comEDITOR-IN-CHIEF: Professor William C.G. BurnsASSOCIATE EDITOR: Professor Geoffrey Wandesforde-Smith • The publication process • Form an editorial committee, May ’07 • Agree on clear article focus, June ’07 • Clean draft manuscripts, Sept. ’07 • Editorial committee and peer review, complete by Dec. ‘07 • Clean manuscripts upload, Feb. ’08 • Proofs available, April ’08 • Issue appears as 11(3) JIWLP 2008 by about Sept. ’08 • Identify additional articles/issues, Ongoing

33. JOURNAL OF INTERNATIONAL WILDLIFE LAW AND POLICYA Taylor & Francis/Routledge Publicationwww.jiwlp.comEDITOR-IN-CHIEF: Professor William C.G. BurnsASSOCIATE EDITOR: Professor Geoffrey Wandesforde-Smith

34. JOURNAL OF INTERNATIONAL WILDLIFE LAW AND POLICYA Taylor & Francis/Routledge Publicationwww.jiwlp.comEDITOR-IN-CHIEF: Professor William C.G. BurnsASSOCIATE EDITOR: Professor Geoffrey Wandesforde-Smith