Building Capacity on Protected Areas Law Governance Exercise

Building Capacity on Protected Areas Law & Governance Exercise 1 Understanding Basic Legal Concepts Introduction to the Course, Law & PAs

Background Purpose Promote an understanding of basic legal concepts amongst Learners from non-law backgrounds Provide an opportunity for you to reflect on the above concepts through a case study Structure Introduction to Exercise (10 minutes) Small Group Work (50 minutes) Joint Class Discussion (20 minutes) Consolidation (10 minutes)

The Case Study: Lagoon Bay Area

Sources of Law International Law soft law hard law custom Domestic national Constitution legislation sub-national judicial precedent common law customary law religious law regulations

Branches of Law International Law Domestic Law Public Law Procedural Law Private Law Constitutional Law Civil Procedure Commercial Law Administrative Law Criminal Procedure Property Law Criminal Law of Evidence Law of Persons Law of Obligations Tort/Delict Contract

Structure of Government makes laws Legislature Separation Government of powers Executive Judiciary administers laws determines validity of laws & conduct resolves disputes

Distribution of Power/Authority Unitary State original Central Government power Federal State Central Government “national” Regions Local Areas “federal” Regional Governments “provincial” original power “state” Local Areas original power

Components of a PA Law Name and number Title Preamble Substance Principles & objectives Institutions Subject specific provisions Compliance and 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

The Questions What sources of law are relevant to the Lagoon Bay area and how are they of relevance? What function do these laws, and law in general, fulfil? Is international law relevant to the case? If so, how? Which branches of law and individual legal disciplines might be relevant to Lagoon Bay? What roles might the different branches of government play in protecting Lagoon Bay? Which institutions have a role to play in protecting Lagoon Bay? What kind of provisions would you expect to find in the Biodiversity Act of 2010?