Overharvesting: The Why of Biodiversity Loss

Authors

Andrew W. Torrance, University of Kansas School of LawFollow
Bill Tomlinson, University of California, IrvineFollow

Document Type

Article

Abstract

This Article examines the consequences of overharvesting biodiversity, focusing on its detrimental effects on biodiversity—on the biosphere, ecosystems, communities, populations, and individual organisms. It evaluates legal mechanisms designed to protect biodiversity from overharvesting and also considers legal mechanisms that lead to overharvesting to the detriment of biodiversity. The Article compares regulations and laws from multiple jurisdictions, including Europe, Oceania, Asia, Africa, and the Americas, and analyzes how these regulations and laws seek to curb overharvesting. Examples include the United States’s Endangered Species Act, Canada’s Wild Animal and Plant Protection Act, and the European Union’s Marine Strategy Framework Directive. International conventions such as the Convention on International Trade in Endangered Species of Wild Fauna and Flora (“CITES”) are also assessed for their success in protecting species from commercial overexploitation. Drawing from these case studies, this Article identifies best practices for preventing overharvesting and proposes strategies for more effective biodiversity conservation. These proposals necessitate the implementation of ecosystem-based approaches, adaptive environmental assessment and management techniques, and stronger regulatory enforcement to secure longevity and the survival of biodiversity despite overharvesting. This Article concludes by advocating for an international legal framework that promotes resource sustainability while maintaining biodiversity. This proposal integrates precautionary principles, cross-border cooperation, and equitable resource sharing to foster a future where human resource use no longer jeopardizes biodiversity.

DOI

10.37419/JPL.V11.I4.3

First Page

615

Last Page

642

Recommended Citation

Andrew W. Torrance & Bill Tomlinson, Overharvesting: The Why of Biodiversity Loss, 11 Tex. A&M J. Prop. L. 615 (2025).
Available at: https://doi.org/10.37419/JPL.V11.I4.3