building capacity on protected areas law & governance module 1 introduction to course, law &...
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Building Capacity on Protected Areas Law & Governance
Introduction to Course, Law & PAs
PAs are a vital tool for conserving and maintaining the earth’s biological resources and ecosystems.
No PA will be secure over time without a supportive legal and policy framework.
While PA laws vary across the world, certain best practices and common elements are emerging.
Legal literacy needs to be built around the formulation and implementation of these best practices and elements.
World Coverage of PAs (No.)
191119151919192319271931193519391943194719511955195919631967197119751979198319871991199519992003200720110
20,000
40,000
60,000
80,000
100,000
120,000
140,000
160,000
180,000
Growth in number of nationally and internationally designated protected areas (1911-2011)
International Protected Areas
National Protected Areas
Year
To
tal
nu
mb
er o
f p
rote
cted
are
as
Source: IUCN and UNEP-WCMC (2012) The World Database on Protected Areas (WDPA): February 2012. Cambridge, UK: UNEP-WCMC.
World Coverage of PAs (Extent)
191119151919192319271931193519391943194719511955195919631967197119751979198319871991199519992003200720110
2,500,000
5,000,000
7,500,000
10,000,000
12,500,000
15,000,000
17,500,000
20,000,000
22,500,000
25,000,000Growth in nationally designated protected areas (1911 - 2011)
Cumulative Terrestrial Area
Cumulative Marine Area
Cumulative Total Area
Year
To
tal
are
a p
rote
cted
(km
2)
Source: IUCN and UNEP-WCMC (2012) The World Database on Protected Areas (WDPA): February 2012. Cambridge, UK: UNEP-WCMC.
World Coverage of PAs (Targets)
Aichi Target 11
… by 2020, ensuring at least 17 per cent of terrestrial and inland water, and 10 per cent of coastal and marine areas, especially areas of particular importance for biodiversity and ecosystem services are conserved through effectively and equitably managed, ecologically representative and well-connected systems of protected areas and other effective area-based conservation measures, and integrated into the wider landscapes and seascapes.
Terrestrial Marine17% 10%
Objectives
Introduce the origins of the Course.
Clarify the nature, scope and purpose of the Course.
Explain the teaching methodology.
Provide a broad overview of the Course content.
Bring all participants to a common level of understanding on basic legal concepts.
Bring all participants to a common level of understanding on basic protected area concepts.
Outcomes
Understanding of the origins of and background to the Course.
Clarity on the nature, scope and purpose of the Course.
Awareness of the adopted teaching methodology.
A sense of the structure of the Course and content to be conveyed.
Knowledge of basic legal concepts.
Knowledge of basic protected area concepts.
Developed under auspices of IUCN Environmental Law Centre (ELC) ‘Capacity Building for Protected Areas Law and Governance’
Project 1 of 6 teaching products Facilitate education and training on PA law
Collaboration IUCN Environmental Law Centre Commission on Environmental Law World Commission on Protected Areas IUCN Academy of Environmental Law
Background to the Course
Course Objectives
Strengthen Understanding Build Knowledge
Construct Legal Literacy
Develop & Improve PA LawIncrease PA Law Expertise
Enable Educators
Advance Biodiversity Goals
Protected Areas ConnnectivityLaw
Teaching Methodology
Learner-Centred Knowledge Transfer
Skills Development
Participatory Practical
Shared Practice
Reflective
Empowering Problem-Solving
Facilitative
Course Content …
Intro to the Course & Setting the Scene
Preliminary Considerations
Planning, Types & Declaration
Management
Governance Principles and Approaches
Compliance, Enforcement, Regulation & Financing
Module 1
Module 2
Module 3
Module 4
Module 5
Module 6
Course Content
Marine PAs - Special Legal Considerations
Transboundary PAs - Special Legal Considerations
Connectivity Conservation - Legal Issues & Tools
Marine PAs - Special Features & International Law
Module 9
Module 10
Module 11
Module 12
Module 8 Connectivity Conservation - Introduction
Module 7 International and Regional Law
Structure & Duration 12 Modules
Core Modules Additional Modules
Module Structure 2-hour Seminar Presentation 2-hour Exercise Session
Nature of Exercises Group & individual Mixed nature
Case studies
Legal drafting
Role plays
Discussion forums
Knowledge transfer
Skills Development
Overview of Legal Concepts
What is Law
Functions of Law
Legal Systems of the World
Branches of Law
Sources of Law
Structure of Government
Types of Law
Components of a Law
What is Law
“Law”?
A body of rules governing human conduct, recognised as binding by people and
enforced by public authorities (the state)
peoplethings
state
rules
rights
duties
Legal Systems of the World
Common Law Historically unwritten Doctrine of precedent pivotal
Civil Law System of codified (i.e. written) law Doctrine of precedent no central role
Mixed Legal Systems Religious Law Customary Law
Sharia HinduCannon
hard law
Sources of Law
International Lawsoft law custom
Domestic
Constitution
legislation
common law
judicial precedent
customary law
regulationsnational
sub-national
religious law
International Law Rules that regulate relationship amongst
states
Binding
Declarations/Action Plans
Hard Law Soft Law Custom
UnwrittenTreaties
BindingPersuasive
Convention on Biological Diversity
Cannot use territory so as to cause harm
to other states
IUCN WCC Resolutions & Recommendations
Rio Declaration
Constitution
Supreme law Law and conduct inconsistent = invalid Common Law and Civil Law Key elements/content
Fundamental Rights
Structure ofGovernment
Substantive Rights
Procedural Rights
Branches
Distribution ofSovereignty
Other Domestic Sources of Law … Legislation
Act/Law/Statute/Legislation/Code Written rules enacted by a legislative/executive body Different levels Regulations
Common Law Primary source in Common Law countries Historic source
Judicial Precedent The law developed in the courts through judicial decisions Indirect law-making Pivotal to the Common Law tradition
Customary Law / Indigenous Law Synonymous but also distinct Customary law based on custom not necessarily
indigenous Indigenous: laws of traditional communities
Religious Law
Other Domestic Sources of Law
Branches of Law
International Law
Domestic Law
Private LawPublic Law Procedural Law
Constitutional Law
Administrative Law
Criminal Law
Civil Procedure
Criminal Procedure
Law of Evidence
Commercial Law
Property Law
Law of Persons
Law of Obligations
Tort/Delict Contract
Types of Law Primary Legislation
Central / National / Federal State / Regional / Provincial
Subordinate/Subsidiary Legislation Made by Executive Officials Power granted by primary legislation Detailed rules necessary to implement primary legislation
Local Laws Usually limited matters Power to make may be original or derived from federal law
Components of a Law…
Name and number Preamble Substance
Principles & Objectives Institutions Subject Specific Legal Requirements
Compliance and Enforcement Power to Make Regulations/Rules Commencement, Transition & Repeals
“Components”?
Components of a Law… Compliance and Enforcement Mechanisms
Criminal Measures
Civil Measures
Administrative Measures
Incentive-based Measures
Voluntary Measures
Components of a PA Law
Name and number Title Preamble Substance
Definitions Principles & objectives Institutions Subject specific provisions Compliance & enforcement Power to make regulations/rules
Commencement, transition & repeals
Planning for Protected Areas
Types of Protected Areas Establishment and
Disestablishment Management of Protected
Areas Conservation Agreements Regulated activities Financing
PA Laws & PA-related Laws
PA Law
PA-related Laws
Natural Resource Laws
Land-Use Planning Laws
Fiscal Laws
Development Control Laws
Government
Structure of Government
Legislature
Separation of
powers
Executive Judiciary
makes laws
determines validity of laws & conduct
administers laws
resolves disputes
Distribution of Power/Authority
Unitary State Federal State
Central Governmentoriginal power
“national” “federal”
Regional Governments
“provincial” “state”
original power
Central Governmentoriginal power
Regions
Local Areas Local Areasoriginal power
Overview of Legal Concepts
What is Law
Functions of Law
Legal Systems of the World
Branches of Law
Sources of Law
Structure of Government
Types of Law
Components of a Law
Overview of PA Concepts
Definition of “Protected Area”
Importance & Value of Protected Areas
Other Relevant Definitions
Management Principles
PA Governance & Good Governance
Institutions & Stakeholders
What is in a Name!
Strict Nature Reserve
Wilderness Area
National Park
Natural Monument/Feature
Habitat/Species Mgt Area
Protected Land/Seascape
Protected Area withSustainabie Use
Private Reserve
Voluntary Conserved Area
Indigenous CommunityConserved Area
Local Reserve
Heritage Site/Area
Sacred Sites
Forest Reserves
Transboundary PA
Tansfrontier Park
Conservancy
Biosphere Reserve
Protected Environments
Botanical Gardens
Closed Areas
Definition of “Protected Area”…
“Protected Area”?
“…A clearly defined geographical space recognised, dedicated and managed, through legal and
other effective means, to achieve the long-term conservation of nature with associated ecosystem
services and cultural values.”
IUCN (2008)
“Protected Area”?
conserve nature
prevent harm
maintain naturalness
gu
idin
g p
rincip
lesDefinition of “Protected Area”
Special Applications
May all fall within IUCN definition of PA
Overarching requirement is meeting the IUCN definition and alignment with conservation objective as primary goal
May be special considerations or characteristics that disqualify certain sites
Marine Protected Areas
Forest Protected Areas
Inland Water Protected Areas
Sacred Sites
Voluntarily Conserved Areas
Other Important Definitions … Legislation/Legal Framework/Legal Provisions
Used interchangeably to refer to legal instruments that have statutory force (eg - laws, acts, executive decrees, executive orders, regulations, rules, norms and other tools with legal or operational effect).
Formal Protected Areas System System of protected areas officially established or
recognised by the state pursuant to protected areas legislation, normally consisting of state-owned or state-controlled protected areas and including voluntarily conserved areas that have been recognised as part of the official system.
Biodiversity Variability among living organisms from all sources
including, terrestrial, marine and other aquatic ecosystems and the ecological complexes of which they are a part, and diversity within species, between species and of ecosystems.
Ecosystem A dynamic complex of plant, animal and micro-organism
communities and their non-living environment, interacting as a functional unit.
Other Important Definitions …
Ecosystem services Benefits arising from the ecological functions of healthy
ecosystems that are essential to life of all living organisms, & also provide social, cultural and economic value to humans.
Ecological integrity The condition of an ecosystem where the structure and
function are unimpaired by human-caused stresses, & where biodiversity and supporting processes are likely to persist.
Ecological network System of nature reserves and their interconnections that
make a fragmented natural system coherent to support more biodiversity than in its non-connected form, comprised of core areas, buffer zones and ecological linkages connecting these.
Other Important Definitions …
Ecological resilience Capacity of a system to withstand changes to the processes
that control its structures.
Habitat An area which provides the combination of resources and
environmental conditions that promotes occupancy by individuals of a given species and allows those individuals to survive and reproduce.
Indigenous people Includes tribal or traditional peoples, local communities
and aboriginal peoples in jurisdictions where these terms are preferred.
Other Important Definitions …
Importance & Value
Importance?
nature people
ecosystem services
cultural
value
maintain biodiversity
areas of refuge provisioning
regulating supporting
climate change
mitigation adaptation
ecological resilience
Management Principles
Reflect in
PA
law
Planning
Ecosystem Approach
Management by Conservation Objectives
Precautionary Approach
Managing for Particular Threats
Connectivity
Ecosystem Approach
What is it “Strategy for the integrated management of land, water
and living resources that promotes conservation and sustainable use”
International Recognition Associated Benefits
Adopts large-scale perspective to PA planning Facilitates broad perspective on threats to PAs Promotes collaboration
Relevance for PA law
Precautionary Approach
What is it? Where there is a threat of significant reduction/loss of
biodiversity, lack of full scientific certainty should not be used as a reason for postponing measures to avoid/minimise the threat.
International recognition Supporting principles
Broad participation Best available Information Adaptive management
Relevance for PA law
Connectivity
What is it A conservation measure that aims to link habitats for
wildlife conservation and to maintain ecological processes for the goods and services they provide
Within and between PAs Patches, matrices, corridors, linkages, buffers and
mosaic
International Recognition Relevance for PA Law
PA Planning
Key Characteristics
Representativeness
Adequacy Persistence
Coherence
“Planning”
System Plan
Resilience
Consistency
Efficiency & Equity
Management Plan
Connectivity
Management Principles
Planning
Ecosystem Approach
Management by Conservation Objectives
Precautionary Approach
Connectivity
Manage by Conservation Objectives
Overarching Objective
Specific Objectives
PA System Level PA Site Level
Conserve nature
Conserve outstanding ecosystems
Protect specific species
Facilitate sustainable use
Protect specific feature
Protect specific habitat
PA Management Categories Category Definition of Management Objective
Category IaStrict Nature Reserve
Strictly protected areas set aside to protect biodiversity and also possibly geological or landform features, where human visitation, use and impacts are strictly controlled and limited to ensure protection of the conservation values. Such protected areas can serve as indispensable reference areas for scientific research and monitoring.
Category IbWilderness Area
Protected areas are usually large unmodified or slightly modified areas, retaining their natural character and influence, without permanent or significant human habitation, which are protected and managed so as to preserve their natural condition.
Category IINational Park
Protected areas are large natural or near natural areas set aside to protect large-scale ecological processes, along with the complement of species and ecosystems characteristic of the area, which also provide a foundation for environmentally and culturally compatible spiritual, scientific, educational, recreational and visitor opportunities.
Category IIINatural Monument/ Feature
Protected areas are set aside to protect a specific natural monument, which can be a landform, sea mount, submarine cavern, geological feature such as a cave or even a living feature such as an ancient grove. They are generally quite small protected areas and often have high visitor value.
Category IVHabitat/Species Management Area
Protected areas aim to protect particular species or habitats and management reflects this priority. Many category IV protected areas will need regular, active interventions to address the requirements of particular species or to maintain habitats, but this is not a requirement of the category.
Category VProtected Landscape/Seascape
A protected area where the interaction of people and nature over time has produced an area of distinct character with significant ecological, biological, cultural and scenic value: and where safeguarding the integrity of this interaction is vital to protecting and sustaining the area and its associated nature conservation/ other values.
Category VIProtected Area with Sustainable Use of Nature Resources
Protected areas conserve ecosystems and habitats, together with associated cultural values and traditional natural resource management systems. They are generally large, with most of the area in a natural condition, where a proportion is under sustainable natural resource management and where low-level non-industrial use of natural resources compatible with nature conservation is seen as one of the main aims of the area.
An international catgorisation system
Categorisation only relevant once IUCN definition met
Not a hierarchy Levels of human intervention
vary across categories Not a measure of management
effectiveness Reporting by number not name
Application
IUCN Management Categories …
Category determined by primary objective
Not all categories are equally suitable for every situation
Categorisation not always clear-cut
WDPA listing requirement Reflection in PA law
Application…
IUCN Management Categories
Management Principles
Planning
Ecosystem Approach
Management by Conservation Objectives
Precautionary Approach
Managing for Particular Threats
Connectivity
Threats to Protected Areas
Direct Threats Indirect Threats
Urban expansion
Habitat loss
On-site development
Unsustainable resource use
On-site pollution
Inappropriate land/sea use
Off-site pollution
Off-site natural events Natural events
Illegal activities
War & conflict
Alien species
Climate change
Off-site development
Management Principles
Reflect in
PA
law
Planning
Ecosystem Approach
Management by Conservation Objectives
Precautionary Approach
Managing for Particular Threats
Connectivity
Understanding Governance …
Two Different Dimensions
Quality of Governance
Who Makes Decisions
“Governance”?
Good Governance Types of Governance
Understanding Governance
‘The interactions among structures, processesand traditions that determine how power and responsibilities are
exercised, how decisions are taken and how citizens or other stakeholders have their say.’
“Governance”?
rich & multifacteted complex
authority/power
who makes decisions
how decisions made who is accountable
how authority shared
Understanding PA Governance …
‘The interactions among structures, processesand traditions that determine how power and responsibilities are
exercised, how decisions are taken and how citizens or other stakeholders have their say in a protected area.’
“Protected Areas Governance”?
authority/power
who makes decisions
how decisions made who is accountable
how authority shared
de iure/in law de facto/in practice
a continuum of options
state-owned
state-controlled
shared
private
indigenous & locals
Understanding PA Governance
Quality of Governance
“Good Governance”?
legitimacy & voice
direction
accountability
fairness & rights
performance
public participation
predictability
transparency
equity
justice
PA Pratitioner Perspective PA Lawyer Perspective
State Actors
Non-State Actors
Ministries Departments
national sub-national
StatutoryBodies
Private Landowners
Indigenous Peoples Local
Communities
Corporations
NGOs
National Institutions
Institutions & Stakeholders
Overview of PA Concepts
Definition of “Protected Area”
Importance & Value of Protected Areas
Other Relevant Definitions
Management Principles
PA Governance & Good Governance
Institutions & Stakeholders
Objectives
Introduce the origins of the Course.
Clarify the nature, scope and purpose of the Course.
Explain the teaching methodology.
Provide a broad overview of the Course content.
Bring all participants to a common level of understanding on basic legal concepts.
Bring all participants to a common level of understanding on basic protected area concepts.
Outcomes
Understanding of the origins of and background to the Course.
Clarity on the nature, scope and purpose of the Course.
Awareness of the adopted teaching methodology.
A sense of the structure of the Course and content to be conveyed.
Knowledge of basic legal concepts.
Knowledge of basic protected area concepts.