IDEAS home Printed from https://ideas.repec.org/a/sae/envira/v45y2013i6p1285-1301.html
   My bibliography  Save this article

Contested Delineations: Planning, Law, and the Governance of Protected Areas

Author

Listed:
  • Raoul Beunen

    (Strategic Communication Group, Wageningen University, PO Box 47, 6700 AA Wageningen, The Netherlands)

  • Kristof van Assche

    (Strategic Communication Group, Wageningen University, PO Box 47, 6700 AA Wageningen, The Netherlands, and Center for Development Research, Bonn University, Germany, PO Box 8130, 6700 EW, Wageningen, The Netherlands)

Abstract

In this paper we reflect on the relationship between planning and law. We analyse the Dutch interpretation and implementation of the European Union Habitats and Birds Directives by investigating the practices of delineation of protected areas. These directives provide a legislative framework for the designation of protected sites as well as for decision making about social and economic activities that might have negative effects on the conservation objectives. The formal boundaries of the protected area can have legal, political, and economic consequences and are therefore the subject of much debate. Using Niklas Luhmann's social systems theory, we analyse the debates concerning delineation and the potential for planning to reduce tensions and balance interests. It is argued that the irreducible differences between the economic, political, and legal perspectives, in combination with the Dutch path of a legalistic interpretation of EU directives, have produced a situation in which the role of planning is reduced and new forms of planning are hard to implement.

Suggested Citation

  • Raoul Beunen & Kristof van Assche, 2013. "Contested Delineations: Planning, Law, and the Governance of Protected Areas," Environment and Planning A, , vol. 45(6), pages 1285-1301, June.
    • Handle: RePEc:sae:envira:v:45:y:2013:i:6:p:1285-1301
    DOI: 10.1068/a45284
    as

    Download full text from publisher

    File URL: https://journals.sagepub.com/doi/10.1068/a45284
    Download Restriction: no
    File URL: https://libkey.io/10.1068/a45284?utm_source=ideas
    LibKey link: if access is restricted and if your library uses this service, LibKey will redirect you to where you can use your library subscription to access this item
    ---><---

    References listed on IDEAS

    as
    1. Kristof Van Assche & Raoul Beunen & Joren Jacobs & Petruta Teampau, 2011. "Crossing trails in the marshes: rigidity and flexibility in the governance of the Danube Delta," Journal of Environmental Planning and Management, Taylor & Francis Journals, vol. 54(8), pages 997-1018, November.
    2. Raoul Beunen, 2006. "European nature conservation legislation and spatial planning: For better or for worse?," Journal of Environmental Planning and Management, Taylor & Francis Journals, vol. 49(4), pages 605-619.
    3. David Gibbs & Aidan While & Andrew E G Jonas, 2007. "Governing Nature Conservation: The European Union Habitats Directive and Conflict around Estuary Management," Environment and Planning A, , vol. 39(2), pages 339-358, February.
    4. Raoul Beunen & Jasper R. de Vries, 2011. "The governance of Natura 2000 sites: the importance of initial choices in the organisation of planning processes," Journal of Environmental Planning and Management, Taylor & Francis Journals, vol. 54(8), pages 1041-1059, November.
    Full references (including those not matched with items on IDEAS)

    Citations

    Citations are extracted by the CitEc Project, subscribe to its RSS feed for this item.
    as


    Cited by:

    1. Liang Chang & Teiji Watanabe, 2021. "Dilemma Faced by Management Staff in China’s Protected Areas," Land, MDPI, vol. 10(12), pages 1-18, November.
    2. Luciana Iocca & Teresa Fidélis, 2023. "Is There a Place for Indigenous Peoples and Local Communities in Climate Change Policy and Governance? Learnings from a Brazilian Case," Land, MDPI, vol. 12(9), pages 1-20, August.
    3. Sabrina Lai, 2020. "Hindrances to Effective Implementation of the Habitats Directive in Italy: Regional Differences in Designating Special Areas of Conservation," Sustainability, MDPI, vol. 12(6), pages 1-18, March.

    Most related items

    These are the items that most often cite the same works as this one and are cited by the same works as this one.
    1. Sabrina Lai, 2020. "Hindrances to Effective Implementation of the Habitats Directive in Italy: Regional Differences in Designating Special Areas of Conservation," Sustainability, MDPI, vol. 12(6), pages 1-18, March.
    2. Strzelecka, Marianna & Rechciński, Marcin & Tusznio, Joanna & Akhshik, Arash & Grodzińska-Jurczak, Małgorzata, 2021. "Environmental justice in Natura 2000 conservation conflicts: The case for resident empowerment," Land Use Policy, Elsevier, vol. 107(C).
    3. Alastor M. Coleby & Dan van der Horst & Klaus Hubacek & Chris Goodier & Paul J. Burgess & Anil Graves & Richard Lord & David Howard, 2012. "Environmental Impact Assessment, ecosystems services and the case of energy crops in England," Journal of Environmental Planning and Management, Taylor & Francis Journals, vol. 55(3), pages 369-385, July.
    4. Kristof Van Assche & Martijn Duineveld & Raoul Beunen, 2014. "Power and Contingency in Planning," Environment and Planning A, , vol. 46(10), pages 2385-2400, October.
    5. Marco Antunes & Teresa Fidélis & Miguel Lucas Pires, 2022. "The Protection of Estuarine Margins under the Maritime–Terrestrial Public Domain, the Cases of Portugal, Angola, Brazil, and Mozambique," Laws, MDPI, vol. 11(2), pages 1-17, April.
    6. Corrado Zoppi, 2018. "Integration of Conservation Measures Concerning Natura 2000 Sites into Marine Protected Areas Regulations: A Study Related to Sardinia," Sustainability, MDPI, vol. 10(10), pages 1-18, September.
    7. Kristof van Assche & Raoul Beunen & Stefan Verweij, 2020. "Comparative Planning Research, Learning, and Governance: The Benefits and Limitations of Learning Policy by Comparison," Urban Planning, Cogitatio Press, vol. 5(1), pages 11-21.
    8. Kokkoris, Ioannis P. & Skuras, Dimitrios & Maniatis, Yannis & Dimopoulos, Panayotis, 2023. "Natura 2000 public awareness in EU: A prerequisite for successful conservation policy," Land Use Policy, Elsevier, vol. 125(C).
    9. Francesco Scorza & Angela Pilogallo & Lucia Saganeiti & Beniamino Murgante, 2020. "Natura 2000 Areas and Sites of National Interest (SNI): Measuring (un)Integration between Naturalness Preservation and Environmental Remediation Policies," Sustainability, MDPI, vol. 12(7), pages 1-16, April.
    10. Głąbiński Zbigniew & Duda Tomasz, 2017. "The local community perception of tourism development. The case study of Gryfino County – Western Pomerania, Poland," Bulletin of Geography. Socio-economic Series, Sciendo, vol. 37(37), pages 7-23, September.
    11. Raphaël Mathevet & Aurélien Allouche & Laurence Nicolas & Veronica Mitroi & Christo Fabricius & Chloé Guerbois & John M. Anderies, 2018. "A Conceptual Framework for Heuristic Progress in Exploring Management Regime Shifts in Biodiversity Conservation and Climate Change Adaptation of Coastal Areas," Sustainability, MDPI, vol. 10(11), pages 1-18, November.
    12. Sabrina Lai, 2011. "Management Plans for Natura 2000 Sites and the Wider Planning System: Imperfect Advancements from Sardinia (Italy)," ERSA conference papers ersa11p1508, European Regional Science Association.
    13. Jacek Witkowski, 2021. "Changes in Selected Aspects of Environmental Management: The Case of Natura 2000 in South-Eastern Poland," European Research Studies Journal, European Research Studies Journal, vol. 0(Special 2), pages 47-59.
    14. Beunen, Raoul & Kole, Sander, 2021. "Institutional innovation in conservation law: Experiences from the implementation of the Birds and Habitats Directives in the Netherlands," Land Use Policy, Elsevier, vol. 108(C).
    15. Głąbiński Zbigniew, 2015. "Ecological awareness of tourists in the coastal areas of Poland - preliminary results of the survey," Bulletin of Geography. Socio-economic Series, Sciendo, vol. 28(28), pages 53-68, June.
    16. Kristof van Assche & Raoul Beunen & Stefan Verweij, 2020. "Comparative Planning Research, Learning, and Governance: The Benefits and Limitations of Learning Policy by Comparison," Urban Planning, Cogitatio Press, vol. 5(1), pages 11-21.
    17. Iker Etxano & Eneko Garmendia & Unai Pascual & David Hoyos & María-à ngeles Díez & José A. Cadiñanos & Pedro J. Lozano, 2015. "A participatory integrated assessment approach for Natura 2000 network sites," Environment and Planning C, , vol. 33(5), pages 1207-1232, October.
    18. Mark Zandvoort & Nora Kooijmans & Paul Kirshen & Adri van den Brink, 2019. "Designing with Pathways: A Spatial Design Approach for Adaptive and Sustainable Landscapes," Sustainability, MDPI, vol. 11(3), pages 1-24, January.
    19. Chmielewski Waldemar & Głogowska Magdalena, 2015. "Implementation of the Natura 2000 Network in Poland – an Opportunity or a Threat to Sustainable Development of Rural Areas? Study on Local Stakeholders’ Perception," Eastern European Countryside, Sciendo, vol. 21(1), pages 153-169, December.
    20. Borrass, Lars, 2014. "Varying practices of implementing the Habitats Directive in German and British forests," Forest Policy and Economics, Elsevier, vol. 38(C), pages 151-160.

    Corrections

    All material on this site has been provided by the respective publishers and authors. You can help correct errors and omissions. When requesting a correction, please mention this item's handle: RePEc:sae:envira:v:45:y:2013:i:6:p:1285-1301. See general information about how to correct material in RePEc.

    If you have authored this item and are not yet registered with RePEc, we encourage you to do it here. This allows to link your profile to this item. It also allows you to accept potential citations to this item that we are uncertain about.

    If CitEc recognized a bibliographic reference but did not link an item in RePEc to it, you can help with this form .

    If you know of missing items citing this one, you can help us creating those links by adding the relevant references in the same way as above, for each refering item. If you are a registered author of this item, you may also want to check the "citations" tab in your RePEc Author Service profile, as there may be some citations waiting for confirmation.

    For technical questions regarding this item, or to correct its authors, title, abstract, bibliographic or download information, contact: SAGE Publications (email available below). General contact details of provider: .

    Please note that corrections may take a couple of weeks to filter through the various RePEc services.

    IDEAS is a RePEc service. RePEc uses bibliographic data supplied by the respective publishers.