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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.
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.
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.
This book investigates the potential need for an international convention on forests and establishes a multifunctional concept of forests as a cornerstone for international forest regulation. Accordingly, it examines a variety of international instruments pertaining directly or indirectly to forests and explores their entangled, fragmented nature. While contending that the lack of consistency in international law impedes the development of a stand-alone international forest convention, at the same time it argues that the lessons learned from fragmentation as well as from the history of forest discourse on the international level open up new options for the regulation of forests in international law, based on (new) concepts of coordination and cooperation.
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.
A perfect introduction to climate change law, this textbook offers students and scholars an overview of the international law governing this fundamental issue. It demonstrates how to interpret the language used in the applicable instruments and conventions, and sets climate change law in its broader international legal context.
This volume is an important contribution to both theoretical and practical approaches to solving contradictions and conflicts between the approaches, principles, objectives and regulations of international environmental agreements. The issue of the coordination and streamlining of environmental agreements is of growing importance regarding the increasing number of international regulations on the one hand and the urgency for effective instruments in the light of continuing environmental degradation on the other. This study will become an essential reference for scholars as well as practitioners working in the field of international environmental law.
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.
This collection of essays focusses on the following concepts: sovereignty (the unique, intangible and yet essential characteristic of states), statehood (what it means to be a state, and the process of acquiring or losing statehood) and state responsibility (the legal component of what being a state entails). The unifying theme is that they have always been and will in the future continue to form a crucial part of the foundations of public international law. While many publications focus on new actors in international law such as international organisations, individuals, companies, NGOs and even humanity as a whole, this book offers a timely, thought-provoking and innovative reappraisal of the core actors on the international stage: states. It includes reflections on the interactions between states and non-state actors and on how increasing participation by and recognition of the latter within international law has impacted upon the role and attributes of statehood.