International Legal Approaches to the Promotion of the Conservation and Sustainable Use of Forests

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