The legal challenges of conserving biodiversity : the habitats directive and its applicability to Malta

Abstract

The first chapter will introduce and familiarise the reader with Environmental law, focusing on the Habitats Directive. This part will deal with various legal historical aspects of the Directive and its origins derived from predating Conventions. The second chapter presents an overview of reasons why it is important to conserve the habitats. The Habitats Directive presents a series of habitat types (Annex I) and the habitats of the species listed in Annex II, which together with the respective sites protected in accordance to the Birds Directive forms the Natura 2000 Network. The third chapter focuses on the other regime that the Habitats Directive establishes, that of strictly protecting the species found in the Annex IV of the Directive, irrespective if they occur within a Special Area of Conservation or not. Such protection is given throughout the whole territory of the respective Member State. This 2nd pillar of the Directive also allows for derogations under certain specific conditions. Besides these two pillars, the Habitats Directive offers further serious legal challenges to the respective States it is addressed to and these will be discussed in the fourth chapter. The 'Favourable Conservation Status' concept is of great importance to the Directive, as it serves as an indicator to measure the progress made. Such data is also required at a later stage, that is when Member States are to report to the Commission about this matter, among other requested information. In all chapters I shall be analysing landmark judgments given by the European Court of Justice on all respective legal challenges the provisions pose on Member States and other stake holders. The results, recommendations and conclusive remarks are found in the fifth and final chapters.