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Despite covering almost a third of the globe, forests do not enjoy the protection of a singular global legal convention. Instead, International Forest Law is a complex ecosystem in its own right. This book sets out to examine this complexity by analyzing forest-related Multilateral Environmental Agreements (MEAs) and how the decisions of the various corresponding Conferences of the Parties (COPs) may promote regime interaction in this field of law. Through an in-depth analysis of more than 60 decisions and resolutions of such COPs, Yilly Pacheco discusses how secondary law-making activity in forest-related MEAs may be strengthened and used to fill the gaps in International Forest Law.
Author : Margaret A. Young Publisher : Cambridge University Press Page : pages File Size : 47,66 MB Release : 2012-01-12 Category : Law ISBN : 1139504932
This major extension of existing scholarship on the fragmentation of international law utilises the concept of 'regimes' from international law and international relations literature to define functional areas such as human rights or trade law. Responding to existing approaches, which focus on the resolution of conflicting norms between regimes, it contains a variety of critical, sociological and doctrinal perspectives on regime interaction. Leading international law scholars and practitioners reflect on how, in situations of diversity and concurrent activity, such interaction shapes and controls knowledge and norms in often hegemonic ways. The contributors draw on topical examples of interacting regimes, including climate, trade and investment regimes, to argue for new methods of regime interaction. Together, the essays combine approaches from international, transnational and comparative constitutional law to provide important insights into an issue that continues to challenge international legal theory and practice.
Provides an assessment of the international forest regime, in reponse to calls from many quarters, including the UN Intergovernmental Forum on Forests (IFF) and the World Commission on Forests and Sustainable Development, as well as several NGOs. The focus is mainly on action taken by countries at the global level, in the framework of legally binding instruments and institutions. It builds on previous analyses of the international forest regime by looking beyond the legal mandates to begin exploring the actual performance of the components against their mandates. With the Intergovernmental Panel on Forests (IPF) Proposals for Action as the point for departure, the effectiveness and impact of individual legal instruments and global instutions are analyzed, as is the potential for synergy between them.
The extensive debate on the fragmentation of international law has only paid cursory attention to its manifestation within the area of international environmental law, even though this field has spawned a great number of international legal instruments. Against that background, this Article assesses strategies to manage the overlap between two legal regimes dealing with the interconnected global environmental threats of biodiversity loss and climate change. Although the climate and biodiversity treaties are not fundamentally in discord, there is potential for conflict between the regimes, particularly following decisions on forest carbon sinks in the Kyoto Protocol, while at the same time there are synergies to be exploited by tackling deforestation. The Article reviews the techniques offered by international law for mitigating conflicts, including conflict avoidance and resolution techniques. This is followed by an appraisal of institutional cooperation between the regimes. The Article shows that the usefulness of legal techniques for resolving conflicts is limited given two characteristics of international environmental law, namely the overlap in objectives, and the role of treaty body decisions. Furthermore, it argues that institutional cooperation has not yet managed to adequately accommodate biodiversity considerations in the climate regime due to different memberships and restricted mandates. Therefore, autonomous action aimed at enhancing synergies between the two regimes seems the most fruitful in the immediate future, although this does not address the regimes' long-term relationship. The Article concludes that further inquiry into different strategies for managing the fragmentation of international environmental law is warranted.
Author : Canadian Council Of International Law Staff Publisher : Springer Page : 458 pages File Size : 40,70 MB Release : 1996-03-11 Category : Law ISBN :
This collection of essays is the fruit of a special project within the General Research Programme of the Canadian Council on International Law. The volume constitutes the first comprehensive analysis of the status and treatment of forests as a subject of study in the field of international law. It is hoped that the publication and dissemination of these essays will stimulate not only further study and analysis, but also appropriate international and domestic policy initiatives that will contribute To The realization of a global forests convention. The common theme of the papers is the prospect of an International Forests Convention, but the diverse and complementary perspectives offered on this prominent dÉnouement of UNCED also contain useful general analyses independent of the UNCED agenda.
REDD+ (Reducing Emissions of greenhouse gases from Deforestation and Forest Degradation) is an important tool under the UNFCCC for incentivizing developing countries to adopt and scale up climate mitigation actions in the forest sector and for capturing and channeling the financial resources to do so. This Handbook eloquently examines the methodological guidance and emerging governance arrangements for REDD+, analysing how and to what extent it is embedded in the international legal framework. Organized coherently into five parts, contributions from legal experts, international relations scholars, climate change negotiators and activists explore the history and design of REDD+ in the UN climate regime, as well as linkages between REDD+ and other international agreements. The book also considers global governance for REDD+, its financial dimensions including markets and investment and future developments and legal challenges. Detailed analysis from a range of angles illustrates the interplay of international norms and institutions and maps out a legal research agenda for identifying best practice solutions. Shedding light on one of the most vibrant and fast-moving fields in international law, this comprehensive Handbook is essential reading for scholars of international law and international relations, policy makers in the area of climate change, REDD+ and land sector experts and NGOs.
The international legal framework for valuing the carbon stored in forests, known as 'Reducing Emissions from Deforestation and Forest Degradation' (REDD+), will have a major impact on indigenous peoples and forest communities. The REDD+ regime contains many assumptions about the identity, tenure and rights of indigenous and local communities who inhabit, use or claim rights to forested lands. The authors bring together expert analysis of public international law, climate change treaties, property law, human rights and indigenous customary land tenure to provide a systemic account of the laws governing forest carbon sequestration and their interaction. Their work covers recent developments in climate change law, including the Agreement from the Conference of the Parties in Paris that came into force in 2016. The Impact of Climate Change Mitigation on Indigenous and Forest Communities is a rich and much-needed new contribution to contemporary understanding of this topic.
Legal frameworks to 'reduce emissions from deforestation and forest degradation' (REDD+) are analysed to focus on protections and benefits for indigenous peoples and forest communities.
The international legal framework for valuing the carbon stored in forests, known as 'Reducing Emissions from Deforestation and Forest Degradation' (REDD+), will have a major impact on indigenous peoples and forest communities. The REDD+ regime contains many assumptions about the identity, tenure and rights of indigenous and local communities who inhabit, use or claim rights to forested lands. The authors bring together expert analysis of public international law, climate change treaties, property law, human rights and indigenous customary land tenure to provide a systemic account of the laws governing forest carbon sequestration and their interaction. Their work covers recent developments in climate change law, including the Agreement from the Conference of the Parties in Paris that came into force in 2016. The Impact of Climate Change Mitigation on Indigenous and Forest Communities is a rich and much-needed contribution to contemporary understanding of this topic.