Ramsar at the National Level: Application and Incorporation into Domestic Law Book Chapter
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Recommended Citation
Royal C. Gardner et al., Ramsar at the National Level: Application and Incorporation into Domestic Law, in (Peter A. Gell et al. eds., Elsevier, 2023)Clicking on the button will copy the full recommended citation.
A Contracting Party to the Ramsar Convention assumes certain obligations under international law: designation and conservation of wetlands of international importance (Ramsar Sites), wise use of all wetlands within its territory, and international cooperation regarding shared wetland resources, including species. Although it is a framework convention that lacks a formal enforcement mechanism, the Ramsar Convention influences domestic legal regimes in a number of ways. Its impact on domestic laws, policies, and practices for wetlands depends in part on whether a particular Party subscribes to a monist, dualist, or mixed approach to international law. In a monist system, Ramsar obligations, including those flowing from Resolutions agreed upon at the regular Conference of Parties, may apply directly within a domestic legal regime. Under a dualist approach, Ramsar obligations may require specific implementing legislation before they are effective within the domestic sphere.