A river runs through it: the case for an international peace park on the U.S.-Mexico border.

• Author: Vermeer, Travis

1. INTRODUCTION II. PROTECTING BIODIVERSITY IN THE DESERT A. Threats to the Desert B. Protections in Place III. THE IDEA OF AN INTERNATIONAL "PEACE" PARK A. Peace Parks as Conservation Tools B. History of the Peace Park Movement C. History of the U.S.-Mexico Peace Park Idea D. Current Progress towards Creating a U.S.-Mexico Peace Park E. Precedent in Waterton-Glacier International Park F. Implementing a Park on the U.S.-Mexico Border IV. CONCLUSION I. INTRODUCTION

   Threats to species biodiversity are increasing at an alarming rate. (1) Presently, species extinctions are running at about 1,000 times the natural pace, a rate that has led some biologists to "contend that we are in the middle of the Earth's sixth great extinction." (2) What is unique about the current extinction is that it is largely anthropogenic in nature, while the previous five were caused by natural events like asteroid impacts. (3)

   Protecting biodiversity is important because it provides a wide range of "ecosystem services" that are of immense importance to humans. (4) These services include "detoxification and decomposition of wastes, purification of air and water, generation and renewal of soil and soil fertility, pollination of crops and natural vegetation, control of harmful agricultural pests, support of cultural activities, and the provision of aesthetic beauty and pleasure." (5) Additionally, the economic value alone of these ecosystem services has been calculated in the trillions of dollars, a fact in its own right that should give credence to protecting biodiversity. (6)

   Biodiversity protection is a massive project, but like others of a similar scale, can be tackled one step at a time. One place to start is with the Chihuahuan Desert (the "Desert"); an environment lying in our own backyard and containing one of the most important and diverse ecosystems in the world. (7) Encompassing millions of acres (8) of land, and housing thousands of plant and animal species, (9) the Chihuahuan Desert is one of the most biologically diverse desert eco-regions in the world. (10) Yet for all of its ecological richness, this area is lonely country. (11) Long known as "El Despoblado," the land of no people, humans are still outnumbered by the wildlife population there, (12) and for all of its natural beauty, distance between the desert and major population centers have kept it a secret, (13) and its landscapes "seldom grace calendars or coffee-table books." (14)

   Though rugged in nature, the Chihuahuan Desert ecosystem is fragile, (15) and despite its remoteness, it faces a number of threats. (16) Population encroachment, water scarcity, illegal immigration, narcotics smuggling, and air pollution are all challenges, (17) and a historical lack of funding and political willpower have made the fight against these threats an uphill battle. (18)

   In the face of these challenges, supporters of the Desert have shown resilience through their efforts to enact a number of protections for the environment. (19) Starting with the formation of Big Bend National Park in 1944, (20) the United States and Mexico have gradually set aside parcels of land in the name of conservation. (21) In addition to these conservation areas, both countries have enacted a number of environmental laws over the years to afford some legal protections over habitat and biodiversity. (22)

   Yet in spite of these protections, the Chihuahuan Desert remains at risk. (23) Lack of funding threatens protected areas in both the U.S. and Mexico, while the Mexican areas in general offer less than ideal protection due to the allowance of private activity and development along the border region. (24) Furthermore, while both nations' environmental laws offer some protection to habitat and biodiversity, no comprehensive legal framework exists to provide a complete safety net. (25)

   Hope may lie with the creation of a bi-national protected area to straddle the U.S.-Mexico border and connect the patchwork of lands and laws under the guise of an international "peace park." (26) Not only would a peace park serve as a vessel for a unified habitat management program, it would also intimately connect a portion of two countries with a common culture and promote goodwill in a region recently embroiled in turmoil (27).

   The two countries have flirted for decades with this idea, and while they have come close on a few occasions, the park has never come to fruition. (28) A joint statement by Presidents Obama and Calderon in 2010, (29) and a cooperative action plan signed by Secretaries Salazar and Quesada in 2011, (30) has reignited the long smoldering idea of a transnational park. (31) Legislation in 2012 allowed for the reopening of an historic border crossing on the Rio Grande that will reconnect the two nations both physically and symbolically and could serve as the perfect first step to finally bringing the peace park idea to fruition. (32)

   This Comment delves into the history of the Desert region and the efforts to protect it, and ultimately posits that a transnational park would benefit both countries as well as the greater ecosystem that it would encompass.

   Part II of this Comment will discuss the importance of bio-diversity preservation, the nature of the Chihuahuan Desert ecosystem, the threats that it faces, and the efforts that have been put forth to protect it. Part III explores the history of transnational parks and their use as conservation tools, looking first to successes as precedent before addressing obstacles the idea would face.

2. PROTECTING BIODIVERSITY IN THE DESERT

   Biodiversity has been generically defined as "the totality and variety of life on Earth," (33) but ecologists and biologists have worked out "a more rigorous definition proposing a three-tiered hierarchy of diversity: the diversity of ecosystems, the diversity of species, and the diversity of individuals and populations within a single species." (34)

   Six general categories of anthropogenic threats to biodiversity have been identified by scientists and conservationists: "overexploitation, loss of habitat, degradation of habitat, invasive species, climate change, and secondary effects." (35) The six categories have been described as "direct" causes of biodiversity loss, while underlying causes such as "human population growth, overconsumption, and technological change" are considered "root causes." (36) In some form or another, the Chihuahuan Desert ecosystem is confronted with all of these threats. (37)

   One major, general threat to biodiversity is the habitat "fragmentation" that can occur when political boundaries intersect with the natural range of species. (38) Oftentimes political borders will correspond to natural land features, like mountain ranges and rivers, but many North American borders are nothing more than a straight line on a map. (39) As a consequence, borders can "create severe cultural, political, and biological effects." (40) Biodiversity, on the other hand, doesn't follow political boundaries, but rather has evolved "in accordance with the biogeographic forces of natural selection." (41)

   International borders present particularly difficult challenges to conservation efforts; these challenges include "legal and governmental differences that complicate coordination and implementation; barriers to communication, movement, and information; social and cultural differences, including language differences, that inhibit the development of trust and a common sense of community; and economic disparities that constrain certain stakeholders' willingness or ability to participate in the process." (42) The Desert ecosystem is broken up by political boundaries both natural and otherwise, resulting in habitat fragmentation that operates as one of its largest threats. (43)

   1. Threats to the Desert

      The Chihuahuan Desert stretches from deep within central Mexico to the southeastern corner of Arizona and across southern New Mexico to the far western portion of Texas. (44) Bisecting the region, the Rio Grande brings much needed water to the desert and serves as the political boundary between the United States and Mexico. (45) The landscape is ninety percent desert yet also includes mountain ranges towering above 8,900 feet. (46)

      The Chihuahuan Desert is one of the three most biologically rich and diverse desert regions in the world. (47) Over 3,500 plant species call the Desert home,4s including more than 400 species of cactus. (49) The Desert also supports a large number of wide-ranging mammals, such as pronghorn antelope, mule deer, grey fox, jaguar, and javelina.50 Common bird species include the greater roadrunner, scaled quail, Scott's oriole, and cactus wren. (51)

      Despite this great diversity, the Desert faces a number of threats. (52) The highest rate of species endangerment in the United States is found along the U.S.-Mexico border. (53) Some thirty-one percent of the species listed as endangered are found here. (54) On the Mexican side of the border are eighty-five endangered species of plants and animals. (55)

      While seemingly hard on the surface, desert regions are easily injured and slow to recover, (56) and it has been said that even "a single tire track over the desert floor can last for hundreds of years." (57) Human-induced problems such as "population growth, water and air pollution, water diversion, agriculture, smuggling of humans and drugs, and budget shortfalls" are a major threat to the desert. (58) These threats are exacerbated by the fact that a political boundary divides the ecosystem, fragmenting species habitat and making conservation efforts much more complicated. (59)

      One major threat to biodiversity in the Desert is the explosion of population growth along the U.S.-Mexican border. (60) Since 1950, the border area has grown in population from one million people to over twelve million and continues to grow at a rate faster than the rest of the United States. (61) This growth has been largely...