International Legal Approaches to the Promotion of the Conservation and Sustainable Use of Forests
Summary
Excerpt
Table Of Contents
- Cover
- Title
- Copyright
- About the author
- About the book
- This eBook can be cited
- Table of Contents
- Foreword
- List of Abbreviations
- Introduction
- A. Deforestation Crisis
- B. Problem Identification
- C. Scope and Course of the Research and Main Research Questions
- Chapter One Protection of Forest Ecosystems as a Challenge for International Law
- A. Forests as a Part of Biosphere and Their Role in the Human Environment
- I. Current Conditions and Classification of Forest Ecosystems
- II. Forest Ecosystems as an Integral Part of the Environment
- 1. Forest Ecosystems and Biodiversity
- 2. Influence of Forest Ecosystems on the Regional and Global Climate
- 3. Influence of Forests on Global Precipitation Patterns
- 4. Socio-Economic Functions of Forest Ecosystems
- B. Drivers of Deforestation and Its Consequences
- I. Anthropogenic Threats to Forest Ecosystems
- II. Consequences of Deforestation and Forest Degradation
- III. Different Ethical Approaches to the Protection of Forest Ecosystems
- IV. Drivers of Unsustainable Forest and Forest Land Exploitation and Ways to Combat Them
- 1. Underlying Causes of Deforestation and Forest Degradation
- 2. Ways to Address the Underlying Causes of Deforestation and Forest Degradation
- 3. Negative Aspects of the PES Approach
- C. Forest Protection as an International Legal Issue
- D. International Controversies over the Protection of Forests
- E. Conclusions
- Chapter Two International Legal Regime for Forests
- A. Introduction
- B. Stockholm Conference and Forests
- I. Convention on the Conservation of Migratory Species of Wild Animals
- II. Convention on Wetlands of International Importance Especially as Waterfowl Habitat (Ramsar Convention)
- III. Convention for the Protection of the World Cultural and Natural Heritage
- IV. Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES)
- 1. Compliance Mechanism of the CITES
- 2. Legitimacy of Trade Sanctions under the CITES
- 3. Trade Sanctions under the CITES and the Protection of Forests
- V. International Tropical Timber Agreement
- C. The Rio Summit in 1992 and Its Impacts on the International Legal Regime for Forests
- I. UNCCD and the Protection of Forests
- II. Rio Forest Principles
- III. Forests in the Agenda 21
- D. Development of the International Legal Regime for Forests after the Rio Conference
- I. Intergovernmental Panel on Forests
- II. Intergovernmental Forum on Forests and United Nations Forum on Forests
- III. Non-Legally Binding Instrument on All Types of Forests
- IV. International Arrangement on Forests Beyond 2015
- V. United Nations Strategic Plan for Forests 2017–2030
- E. Conclusions
- Chapter Three Role of the CBD and the Nagoya Protocol in the Protection of Forests
- A. Introduction
- B. General Issues
- I. Development of the CBD and Other Relevant Documents
- 1. Legal Status of Biodiversity before the Adoption of the CBD
- 2. Adoption of the CBD
- 3. Adoption of the Nagoya Protocol
- II. Basic Terms and Concepts
- 1. “Genetic Resources” versus “Biodiversity Resources”
- 2. Bioprospecting and Biopatenting
- 3. Patent System and Its Benefits
- 4. Biopiracy
- C. Relationship Between the ABS Regime under the CBD and the Conservation of Forests
- I. Forest Issues in the CBD
- II. ABS under the CBD
- 1. Mutually Agreed Terms (MAT)
- 2. Prior Informed Consent
- 3. Deficiencies of the ABS Regime
- D. Nagoya Protocol and the Conservation of Forests
- I. From the Bonn Guidelines to the Nagoya Protocol
- II. Development of the ABS Regime by the Nagoya Protocol
- 1. Development of PIC and MAT by the Nagoya Protocol
- 2. The Establishment of the ABS Clearing-House Mechanism
- 3. Compliance Provisions of the Nagoya Protocol
- 4. Environmentally Provisions of the Nagoya Protocol
- 5. Nagoya Protocol and the Rights of Forest-Dependent People
- 6. Combating Biopiracy in the Nagoya Protocol
- 7. Financial Mechanism of the Nagoya Protocol
- E. Conclusions
- Chapter Four Forest Protection, Climate Change, and International Law
- A. Introduction
- B. Role of Forests under the UNFCCC
- I. Preparatory Activities that Precluded the Adoption of the UNFCCC
- II. Negotiations of the UNFCCC
- III. Role of Forests in the UNFCCC
- C. Role of Forests in Climate Change Mitigation under the KP
- I. Need for the KP
- II. Role of Sinks in the KP
- III. Contribution of Flexible Mechanisms under the Kyoto Protocol to the Protection of Forests
- 1. Forest-Related Activities under the CDM
- 2. Consideration of Environmental Issues by the Flexible Mechanisms
- 3. Rights of ILCs and the Flexible Mechanisms
- 4. Issue of Non-Permanence of Forest Carbon Stocks and Other Concerns
- D. Emergence of REDD+
- I. Initial Proposal of Papua New Guinea
- II. Propositions of Papua New Guinea to Resolve Technical Issues
- III. Development of REDD+
- 1. UNFCCC COP 13
- 2. Copenhagen Accords
- 3. From the Cancun Agreement to the Warsaw Framework for REDD+
- 4. Paris Agreement and REDD+
- IV. Legal Provisions for Implementing REDD+
- 1. Infrastructural Elements for REDD+ and Three Phases of Implementation
- 2. FREL/FRL and the Definition of Forests
- 3. National Forest Monitoring System
- 4. Technical Assessment of a FREL/FRL
- 5. Modalities for Measuring, Reporting, and Verifying
- 6. Joint Mitigation and Adaptation Approaches
- 7. REDD+ Finance
- V. Legal Provisions for the Sustainable Implementation of REDD+ in Forest Ecosystems
- 1. Environmental Safeguards for REDD+
- 2. Reporting on the Implementation of the Safeguards
- 3. Promotion of Compliance with the Safeguards
- 4. Current Impact of REDD+ on Forest Ecosystems and Forest Biodiversity
- 5. Protection of the Rights of ILCs in the Context of Implementing REDD+
- (a) Promotion of the Rights of ILCs in the General Framework of the UNFCCC
- (b) REDD+ and International Treaties for the Protection of Human Rights
- (c) Current Impact of REDD+ on ILCs
- (d) Interrelations Between REDD+, Sustainable Forest Management, and Non-Carbon Benefits of Forests
- E. Conclusions
- Chapter Five Promoting Synergies Between the Climate Change Mitigation/Adaptation Activities in Forests and the CBD
- A. Introduction
- B. Relationship Between the UNFCCC and the CBD
- I. Provisions for the Promotion of Synergies in the Treaty Texts
- II. Promotion of Synergies Between the UNFCCC and the CBD by Their Governing Bodies
- III. Promotion of the Collaboration Between the Rio Conventions on the International Level
- IV. Institutional Arrangements Between Governing Bodies of International Treaties: The Example of the CBD and the UNCCD
- C. Place of Forests in the Collaboration Between the CBD and the UNFCCC
- I. Climate Change and Forestry Issues under the CBD
- 1. Outcome of the COP CBD 10
- 2. CBD COP 11 and 12
- 3. CBD COPs 13 and 14
- 4. CBD Provisions Dealing with the Development and Implementation of REDD+ and the JMA
- 5. Aichi Biodiversity Targets and REDD+
- II. Interlinkages Between the CDM, REDD+, the JMA and Biodiversity-Related Mechanisms
- 1. Compatibility of the CDM, REDD+ and the JMA with ABS
- 2. Promotion of Synergies on the National Level
- 3. Joint BioTrade and REDD+-Projects
- 4. Impact of the Synergies Between Forest-Related Mechanisms on the Environment and on the Rights of ILCs
- 5. Avoiding Overlaps Between the Two International Legal Regimes When Applied to Forests
- D. Conclusions
- Chapter Six Alternative Approaches to the Development of the International Legal Regime for Forests
- A. Introduction
- B. Need for the Further Development of International Law Specific to Forests
- I. Market-Based Soft Law Approach to Forest Governance Versus Legally-Binding Treaties
- 1. Contribution of Market-Based Soft Law Mechanisms to the Reduction of Deforestation Rates in Brazil
- 2. Role of Market-Based Mechanisms in the Combating of Deforestation in Other Regions
- 3. Role of Market-Based Mechanisms in the Conservation of Temperate and Boreal Forests
- II. Estimating the Overall Role of Market-Based Mechanisms in the Conservation of Forests
- C. Forest-Related Issues on the Agenda of International Negotiations
- I. Sustainable Forest Management and the Quest for Equilibrium Between the Conservation and Utilization of Forest Ecosystems
- II. Duty to Conserve and Protect Forest Ecosystems
- III. Maintaining and Enhancing the Existing Forest Cover
- IV. Financing the Conservation and Sustainable Use of Forests
- V. Combating Illegal Logging and Trade in Illegally Harvested Timber
- VI. Promoting Human Rights and Equity
- VII. Bottom-Up Approaches and the Decentralization of Forest Governance
- VIII. Promotion of Monitoring, Assessment, and Reporting
- IX. Promoting Compliance and Law Enforcement
- IX. Creating an International Agency on Forest Issues
- X. Promotion of Non-Climate and Non-Biodiversity-Related Forest Functions and the Role of Degraded Lands Restoration
- D. Adoption of a Forest Convention Versus Other Approaches
- I. Revisiting the Option of the Adoption of a Legally Binding Forest Convention
- II. Possible Benefits of a Legally Binding Forest Convention
- III. Other Approaches to the Development of the International Legal Regime for Forests
- 1. Adoption of Forest-Specific Protocols to the Existing Conventions
- 2. Adoption of an Overarching Coordinative Agreement on Forests
- 3. Strengthening the Role of the UNFF
- 4. Promoting Regional Initiatives
- 5. Promoting those Financial Mechanisms that Foresee a Holistic Approach to Forests
- E. Protection of Forest Ecosystems as a “Common Concern of Humankind”
- F. Conclusions
- Final Conclusions and Remarks
- List of Used International Treaties, Court Decisions, and Other International Documents
- Bibliography
About the Author
Yevhenii Yatsukhnenko studied Law and International Business at the National Aviation University in Kyiv, Ukraine. In 2012, he graduated from the Summer School of German Law in Kyiv, Ukraine. Subsequently, he studied Law at the University of Trier, Germany, where he completed his Ph.D. Studies.
About the book
The promotion of the conservation and sustainable use of forests is a crucial aspect of environmental protection. However, effective and legally binding international regulations specific to forests are still absent. The scope of this research is to analyse the existing international legal regime for forests and to elaborate approaches to the enhancement of its efficiency. The rigorous analysis of international documents leads, finally, to conclude that pure market-based mechanisms are not sufficient for the conservation of forests and stronger legally binding provisions are needed. Based on these conclusions, the research proceeds with the analysis of possible ways of the development of international legal regime for forests, as well as the promotion of compliance with international treaties.
This eBook can be cited
This edition of the eBook can be cited. To enable this we have marked the start and end of a page. In cases where a word straddles a page break, the marker is placed inside the word at exactly the same position as in the physical book. This means that occasionally a word might be bifurcated by this marker.
Table of Contents
C. Scope and Course of the Research and Main Research Questions
Chapter One Protection of Forest Ecosystems as a Challenge for International Law
A. Forests as a Part of Biosphere and Their Role in the Human Environment
I. Current Conditions and Classification of Forest Ecosystems
II. Forest Ecosystems as an Integral Part of the Environment
1. Forest Ecosystems and Biodiversity
2. Influence of Forest Ecosystems on the Regional and Global Climate
3. Influence of Forests on Global Precipitation Patterns
4. Socio-Economic Functions of Forest Ecosystems
B. Drivers of Deforestation and Its Consequences
I. Anthropogenic Threats to Forest Ecosystems
II. Consequences of Deforestation and Forest Degradation
III. Different Ethical Approaches to the Protection of Forest Ecosystems
IV. Drivers of Unsustainable Forest and Forest Land Exploitation and Ways to Combat Them
1. Underlying Causes of Deforestation and Forest Degradation
2. Ways to Address the Underlying Causes of Deforestation and Forest Degradation
3. Negative Aspects of the PES Approach
C. Forest Protection as an International Legal Issue
D. International Controversies over the Protection of Forests
Chapter Two International Legal Regime for Forests
B. Stockholm Conference and Forests
I. Convention on the Conservation of Migratory Species of Wild Animals
III. Convention for the Protection of the World Cultural and Natural Heritage
IV. Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES)
1. Compliance Mechanism of the CITES
2. Legitimacy of Trade Sanctions under the CITES
3. Trade Sanctions under the CITES and the Protection of Forests
V. International Tropical Timber Agreement
C. The Rio Summit in 1992 and Its Impacts on the International Legal Regime for Forests
I. UNCCD and the Protection of Forests
D. Development of the International Legal Regime for Forests after the Rio Conference
I. Intergovernmental Panel on Forests
II. Intergovernmental Forum on Forests and United Nations Forum on Forests
III. Non-Legally Binding Instrument on All Types of Forests
IV. International Arrangement on Forests Beyond 2015
V. United Nations Strategic Plan for Forests 2017–2030
Chapter Three Role of the CBD and the Nagoya Protocol in the Protection of Forests
I. Development of the CBD and Other Relevant Documents
1. Legal Status of Biodiversity before the Adoption of the CBD
3. Adoption of the Nagoya Protocol
1. “Genetic Resources” versus “Biodiversity Resources”
2. Bioprospecting and Biopatenting
3. Patent System and Its Benefits
C. Relationship Between the ABS Regime under the CBD and the Conservation of Forests
1. Mutually Agreed Terms (MAT)
3. Deficiencies of the ABS Regime
D. Nagoya Protocol and the Conservation of Forests
I. From the Bonn Guidelines to the Nagoya Protocol
II. Development of the ABS Regime by the Nagoya Protocol
1. Development of PIC and MAT by the Nagoya Protocol
2. The Establishment of the ABS Clearing-House Mechanism
3. Compliance Provisions of the Nagoya Protocol
4. Environmentally Provisions of the Nagoya Protocol
5. Nagoya Protocol and the Rights of Forest-Dependent People
6. Combating Biopiracy in the Nagoya Protocol
7. Financial Mechanism of the Nagoya Protocol
Chapter Four Forest Protection, Climate Change, and International Law
B. Role of Forests under the UNFCCC
I. Preparatory Activities that Precluded the Adoption of the UNFCCC
II. Negotiations of the UNFCCC
III. Role of Forests in the UNFCCC
C. Role of Forests in Climate Change Mitigation under the KP
III. Contribution of Flexible Mechanisms under the Kyoto Protocol to the Protection of Forests
1. Forest-Related Activities under the CDM
2. Consideration of Environmental Issues by the Flexible Mechanisms
3. Rights of ILCs and the Flexible Mechanisms
4. Issue of Non-Permanence of Forest Carbon Stocks and Other Concerns
I. Initial Proposal of Papua New Guinea
II. Propositions of Papua New Guinea to Resolve Technical Issues
3. From the Cancun Agreement to the Warsaw Framework for REDD+
IV. Legal Provisions for Implementing REDD+
1. Infrastructural Elements for REDD+ and Three Phases of Implementation
2. FREL/FRL and the Definition of Forests
3. National Forest Monitoring System
4. Technical Assessment of a FREL/FRL
5. Modalities for Measuring, Reporting, and Verifying
6. Joint Mitigation and Adaptation Approaches
V. Legal Provisions for the Sustainable Implementation of REDD+ in Forest Ecosystems
1. Environmental Safeguards for REDD+
2. Reporting on the Implementation of the Safeguards
3. Promotion of Compliance with the Safeguards
4. Current Impact of REDD+ on Forest Ecosystems and Forest Biodiversity
5. Protection of the Rights of ILCs in the Context of Implementing REDD+
(a) Promotion of the Rights of ILCs in the General Framework of the UNFCCC
(b) REDD+ and International Treaties for the Protection of Human Rights
(c) Current Impact of REDD+ on ILCs
(d) Interrelations Between REDD+, Sustainable Forest Management, and Non-Carbon Benefits of Forests
B. Relationship Between the UNFCCC and the CBD
I. Provisions for the Promotion of Synergies in the Treaty Texts
II. Promotion of Synergies Between the UNFCCC and the CBD by Their Governing Bodies
III. Promotion of the Collaboration Between the Rio Conventions on the International Level
C. Place of Forests in the Collaboration Between the CBD and the UNFCCC
I. Climate Change and Forestry Issues under the CBD
4. CBD Provisions Dealing with the Development and Implementation of REDD+ and the JMA
5. Aichi Biodiversity Targets and REDD+
II. Interlinkages Between the CDM, REDD+, the JMA and Biodiversity-Related Mechanisms
1. Compatibility of the CDM, REDD+ and the JMA with ABS
2. Promotion of Synergies on the National Level
3. Joint BioTrade and REDD+-Projects
5. Avoiding Overlaps Between the Two International Legal Regimes When Applied to Forests
Chapter Six Alternative Approaches to the Development of the International Legal Regime for Forests
B. Need for the Further Development of International Law Specific to Forests
I. Market-Based Soft Law Approach to Forest Governance Versus Legally-Binding Treaties
2. Role of Market-Based Mechanisms in the Combating of Deforestation in Other Regions
3. Role of Market-Based Mechanisms in the Conservation of Temperate and Boreal Forests
II. Estimating the Overall Role of Market-Based Mechanisms in the Conservation of Forests
C. Forest-Related Issues on the Agenda of International Negotiations
II. Duty to Conserve and Protect Forest Ecosystems
III. Maintaining and Enhancing the Existing Forest Cover
IV. Financing the Conservation and Sustainable Use of Forests
V. Combating Illegal Logging and Trade in Illegally Harvested Timber
VI. Promoting Human Rights and Equity
VII. Bottom-Up Approaches and the Decentralization of Forest Governance
VIII. Promotion of Monitoring, Assessment, and Reporting
IX. Promoting Compliance and Law Enforcement
IX. Creating an International Agency on Forest Issues
D. Adoption of a Forest Convention Versus Other Approaches
I. Revisiting the Option of the Adoption of a Legally Binding Forest Convention
II. Possible Benefits of a Legally Binding Forest Convention
III. Other Approaches to the Development of the International Legal Regime for Forests
1. Adoption of Forest-Specific Protocols to the Existing Conventions
2. Adoption of an Overarching Coordinative Agreement on Forests
Details
- Pages
- 474
- Publication Year
- 2023
- ISBN (PDF)
- 9783631905937
- ISBN (ePUB)
- 9783631905944
- ISBN (Softcover)
- 9783631898109
- DOI
- 10.3726/b21048
- Language
- English
- Publication date
- 2023 (August)
- Keywords
- REDD+ UNFCCC Paris Agreement Kyoto Protocol Nagoya Protocol Environmental safeguards Rights of ILCs Natural Biodiversity Nature conservation Ecosystem International legal regime for forests Environmental protection Conservation and sustainable use of forests
- Published
- Berlin, Bern, Bruxelles, New York, Oxford, Warszawa, Wien, 2023. 474 pp.
- Product Safety
- Peter Lang Group AG