Silent threat to Sri Lanka’s biodiversity: laws relating to Invasive Alien Species

Abstract

Incidents such as reduction of forge grasses that can be used by elephants due to rapid spreading of Lantana in Udawalawe National Park and growth of common gorse in Horton National Park indicate that there is a silent threat to the biodiversity of Sri Lanka. The spreading of invasive alien species has been identified as the main reason for the aforesaid threat. Invasive alien species are a part of alien species who will survive, inhabit and spread beyond their areas and purposes of introduction. The impact caused by these species is ranked as the second most serious threat to biodiversity of countries. Invasive alien species assessment conducted in 2016 states that there are 32 flora species and 7 faunaas species named as invasive alien species priorities in Sri Lanka. These species cause impacts in different sectors including biodiversity loss, economic effects and health issues. Invasive alien species(IAS) require expensive control and management with Rs 33 million spent between 2010- 2014, the department of irrigation has incurred costs of Rs 324 million from 2008 on cleaning tanks, canals and water ways. Therefore it is essential to have a specific set of laws to address the mass destruction of biodiversity caused by these species. The existing legal framework does not directly address this growing threat. The main objective of the research is to distinctly identify the legal principles and laws that are applicable in this area. This area of study provides evidence of identifying the importance of soft law in the process of protecting the environment. The researcher attempts to highlight the contribution of international environmental law in this area and the importance of a synergy between law and biodiversity protection mechanisms. Furthermore the Sri Lankan context is discussed in the research. In Sri Lanka there are certain laws indirectly addressing the issue of invasive alien species. However, the unavailability of a specific legislation to control or eradicate invasive alien species and to protect the biodiversity of the country undermines the policy initiatives. The author seeks to analyse the existing legal framework and intends to suggest recommendations for effective implementation of the laws. Legal research methodology is followed in this research. Qualitative analysis of data is used in the research. Both primary and secondary data are used in the research. Primary data includes international conventions, laws and Books, journal articles and web articles are used as secondary sources. The legal framework in South Africa and European Union was used to suggest recommendations. Regulations introduced by other jurisdictions.