Building Capacity on Protected Areas Law Governance Module
Building Capacity on Protected Areas Law & Governance Module 7 International and Regional Law
Building Capacity on Protected Areas Law & Governance Several international conventions impose binding obligations or create non-binding commitments for states with respect to the creation and maintenance of protected areas. These agreements often seek to maintain and promote ecological conservation in a manner that supports and encourages national action to this end. Some international conventions encourage conservation measures for the benefit of a single type of species or habitat; others have a wider scope. Obligations assumed as a Party to one or more of these conventions depend on the precise wording of the convention and ongoing commitments as elaborated through treaty administration. International and Regional Law
Overview of the Seminar International Law: Introduction and Terminology Principal Global Conventions Regional and EU Instruments
Objectives Introduce the nature and sources of international law. Illustrate the relevance of international law to domestic protected areas. Explain key instruments and institutions. Review leading international and regional examples.
Outcomes Understanding of the nature and sources of international law. Awareness of the relevance of international law to domestic protected areas. Familiarity with key instruments and institutions. Knowledge of leading international and regional examples.
Overview of the Seminar International Law: Introduction and Terminology Principal Global Conventions Regional and EU Instruments
international legal agreements Introduction Convention Treaty Protocol “An agreement between two or more subjects of international law that is intended to be legally binding and governed by international law. ” John Currie, Public International Law (Irwin Law, 2008)
Introduction: Terminology Treaty Convention Protocol Co. P Mo. P Secretariat Incorporation Implementation Signing Accession Ratification Enter Into effect Soft Law Hard Law Vienna Convention Compliance And Enforcement
Introduction: Process Convention/Treaty ratification signature Implementing Legislation
Overview of the Seminar International Law: Introduction and Terminology Principal Global Conventions
Global Conventions Convention on Biological Diversity World Heritage Convention Ramsar Convention on Migratory Species United Nations Convention on the Law of the Sea United Nations Watercourses Convention UNECE Water Convention
Convention on Biological Diversity Short Title: CBD Basic Data: Concluded in 1992, entered into force 1993, 194 contracting parties Website: http: //www. cbd. int Objectives benefit sharing conservation sustainable use Protected Areas
Convention on Biological Diversity Obligations of parties: “as far as possible and as appropriate” Establish system of protected areas Guidelines to select, establish, manage PAs Manage biological resources within PAs Protect habitats, ecosystems, species Environmentally-sound development
Convention on Biological Diversity Programme of Work on Protected Areas (Po. WPA) Covers Terrestrial and marine PAs Connectivity Transboundary PAs Tools National Action Plans Overseeing/informing Parties
Convention on Biological Diversity Po. WPA Legal Initiatives Address legislative/institutional gaps Harmonize sectoral policies Consider governance principles Eliminate perverse incentives Adopt legal frameworks for PA systems
Convention on Biological Diversity Strategic Plan for Biodiversity Aichi Biodiversity Targets Target 11 “By 2020, 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”
Convention on Biological Diversity Nagoya Protocol Access and benefits agreement Genetic resources and traditional knowledge Prior Informed Consent Scientific Research Compliance
Convention Concerning the Protection of the World Cultural and Natural Heritage Short Title: World Heritage Convention (WHC) Basic Data: Concluded in 1992, entered into force 1993, 194 contracting parties Website: http: //whc. unesco. org Objectives permanent system cultural heritage natural heritage “outstanding universal value” “cultural and/or natural significance which is so exceptional as to transcend national boundaries and to be of common importance for present and future generations of all humanity” WHC Operational Guidelines
World Heritage Convention Obligations of Party: “do all it can” World Heritage List identify 4 nominating criteria protect sufficient institutional elements conserve acceptance criteria defined by committee transmit to future generations comply with management requirements maintain legal protections World Heritage Fund
World Heritage Convention “(vii) contain superlative natural phenomena or areas of exceptional natural beauty and aesthetic importance; (viii) be outstanding examples representing major stages of earth’s history, including the record of life, significant on-going geological processes in the development of landforms, or significant geomorphic or physiographic features; A site must meet one of these criteria. (ix) be outstanding examples representing significant ongoing ecological and biological processes in the evolution and development of terrestrial, fresh water, coastal and marine ecosystems and communities of plants and animals; (x) contain the most important and significant natural habitats for in-situ conservation of biological diversity, including those containing threatened species of outstanding universal value from the point of view of science or conservation. ”
World Heritage Convention Legal/institutional requirements Long-term legal protection/management Legal protection against development/change Clearly delineated boundaries Adequate buffer zone Documented management plan or system Joint management for transboundary site
World Heritage Convention Protected Area World Heritage Site boundaries can coincide many PA categories in 1 WH site not all PA categories meet WHC criteria
World Heritage Convention World Heritage in Danger meaning of listing require major conservation operation assistance from convention criteria for listing ascertained danger decline in species compromised beauty potential danger modified legal status armed conflict
Convention on Wetlands of International Importance Especially as Waterfowl Habitat Short Title: Ramsar Convention Basic Data: Concluded in 1971, entered into force in 1975, 168 Contracting Parties Website: http: //www. ramsar. org Objectives "the conservation and wise use of all wetlands through local and national actions and international cooperation, as a contribution towards achieving sustainable development throughout the world. ” “To develop and maintain an international network of wetlands which are important for the conservation of global biological diversity and for sustaining human life through the maintenance of their ecosystem components, processes and benefits/services. ” -- Vision
Ramsar Convention Obligations of Parties urged to collaborate to identify protect the List each Party must designate defined boundaries may include riparian/coastal zones, islands
Ramsar Convention List of Wetlands of International Importance criteria uniqueness species/ecological communities fish or waterbird populations
Ramsar Convention Additional obligations listed wetlands promote conservation listed and not listed wetlands wise use nature reserves
Ramsar Convention No net loss “Where a Contracting Party in its urgent national interest, deletes or restricts the boundaries of a wetland included in the List, it should as far as possible compensate for any loss of wetland resources, and in particular it should create additional nature reserves for waterfowl and for the protection, either in the same area or elsewhere, of an adequate portion of the original habitat. ” Article 4 (2)
Ramsar Convention
Convention on the Conservation of Migratory Species of Wild Animals Short Titles: Convention on Migratory Species, CMS, Bonn Convention Basic Data: Concluded in 1979, entered into force in 1983, 120 Parties Website: http: //www. cms. int objective “The Parties acknowledge the importance of migratory species being conserved and of Range States agreeing to take action to this end whenever possible and appropriate, paying special attention to migratory species the conservation status of which is unfavourable, and taking individually or in co-operation appropriate and necessary steps to conserve such species and their habitat. ” (Article 2 (1) )
Convention on Migratory Species Mechanisms: the appendices Appendix I endangered migratory species Appendix II require international agreements benefit from international cooperation
Convention on Migratory Species Mechanisms: Principles and Agreeements Principles for management Agreements MOUs non-binding effective once signed
Convention on Migratory Species Promoting Agreements object restore conservation status maintain conservation status cover whole range open to all Range States including non-Parties cover multiple species
Convention on Migratory Species Agreements: Contents identify migratory species describe range/migration provide for national authority establish appropriate machinery procedure for dispute settlement
Convention on Migratory Species Agreements: Elaboration taking monitoring/planning periodic review research co-ordinated plans habitats conservation coordinate action information exchange research/statistics exotic species networks new habitats control reintroduction harmful substances threats emergency procedures awareness raising
Convention on Migratory Species Agreement on the Conservation of Seals in the Wadden Sea Parties Denmark Netherlands Germany Object Protect Appendix II Seal Species Seal Management Plan
UN Convention on the Law of the Sea Short Title: UNCLOS Basic Data: Concluded in 1982, entered into force in 1994, 168 Contracting Parties 167 Website: http: //www. un. org/depts/los Objectives and obligations protect marine environment control marine pollution protect ecosystems/habitat 5 zones of authority
UN Convention on the Law of the Sea Short Title: UNCLOS Basic Data: Concluded in 1982, entered into force in 1994, 168 Contracting Parties 167 Website: http: //www. un. org/depts/los MPA opportunities protect marine environment control marine pollution protect ecosystems/habitat Internal waters defined
… Global oceans law Maritime zones under UNCLOS
UN Convention on the Law of the Sea High Seas MPAs no legal impediment example: Pelagos Sanctuary Established by treaty in 1999 France, Italy, Monaco Goal: protect marine species
United Nations Convention on the Law of the Non. Navigational Uses of International Watercourses Short Title: UN Watercourses Convention Basic Data: Concluded in 1997, entry into force 2014 Objectives Watercourse states shall in their respective territories utilize an international watercourse in an equitable and reasonable manner. In particular, an international watercourse shall be used and developed by watercourse states with a view to attaining optimal and sustainable utilization thereof and benefits therefrom taking into account the interests of the watercourse states concerned, consistent with adequate protection of the watercourse. Article 5 (1)
UN Watercourses Convention Obligations protection protect and preserve ecosystems prevent, reduce, control pollution management planning sustainable development rational/optimal utilization, protection, control
UNECE Convention on the Protection and Use of Transboundary Watercourses and International Lakes Short Titles: UNECE Water Convention, Helsinki Convention Basic Data: Concluded in 1992, entry into force 1996 Website: http: //www. unece. org/env/water Objectives integrated water resources mngmt (IRWM) prevent, control, reduce TB impacts reasonable and equitable use sustainable management framework for basin agreements 2013: opened to global accession
UNECE Water Convention Obligations prevent, control, reduce transboundary impacts prevent, control, reduce pollution use w/ aim of ecologically sound/rational management, conservation, protection ensure reasonable and equitable use ensure conservation/restoration
UNECE Water Convention Mechanisms: Co-operation bilateral/multilateral agreements define relations and conduct of Parties specify catchment area issues covered by Convention other issues necessary to cooperate
UNECE Water Convention Co-operation responsibilities of joint bodies collect data on pollution sources pollution action programmes joint monitoring programmes warning/alarm procedures information exchange on pollution information exchange on use emission limits for waste water information exchange on BAT water quality objectives/criteria implementation of EIAs
Overview of the Seminar International Law: Introduction and Terminology Principal Global Conventions Regional and EU Instruments
Regional and EU Instruments African Convention on the Conservation of Nature and Natural Resources Convention on the Conservation of European Wildlife and Natural Habitats European Habitats and Birds Directives: Natura 2000 Convention on Nature Protection and Wild Life Preservation in the Western Hemisphere
African Convention on the Conservation of Nature and Natural Resources (Revised) Short Title: African Convention on the Conservation of Nature, Maputo Convention Basic Data: Concluded in 2003, not yet in force Website: http: //www. au. int/ Objectives harmonize/coordinate development policies ecologically rational socially acceptable economically sound
African Convention on the Conservation of Nature Obligations relating to PAs establish, maintain, extend conservation areas conserve representative ecosystems conserve species control detrimental activities outside conservation areas establish buffer zones
African Convention on the Conservation of Nature Obligations relating to local communities respect traditional/IP rights of local communities access to indigenous knowledge subject to PIC measures for participation/ community conservation
Convention on the Conservation of European Wildlife and Natural Habitats (Bern Convention) Short Title: Bern Convention Basic Data: Concluded in 1979, entered into force in 1982, 51 Contracting Parties Website: http: //www. coe. int/t/dg 4/cultureheritage/nature/bern Objectives conserve wild flora/fauna conserve natural habitats promote cooperation
Convention on the Conservation of European Wildlife and Natural Habitats (Bern Convention) Obligations “take appropriate and necessary legislative and administrative measures to ensure the conservation of the habitats of the wild flora and fauna species, especially those specified in Appendices I and II, and the conservation of endangered natural habitats” (Art 4(1)) avoid PA deterioration PAs for migratory species coordinate transboundary PAs
Convention on the Conservation of European Wildlife and Natural Habitats (Bern Convention) Mechanisms: Emerald Network Areas of special conservation interest (ASCI) diverse/important species endangered habitat type outstanding example of habitat/mosaic important area for species contributes to objectives of Convention
Habitats and Birds Directives: Natura 2000 Basic Data: Habitats Directive (1992) applies to all EU Member States (27); Birds Directive (1979, as amended in 2009) applies to all of the EU except Greenland Website: http: //ec. europa. eu/environment/ Birds Directive conservation of all species of birds Habitats Directive promote maintenance of biodiversity economic requirements cultural requirements social requirements regional requirements
Habitats and Birds Directives: Natura 2000 sites special protection areas (SPAs) preserve bird habitat don’t need Commission approval special areas of conservation (SACs) preserve habitat for other species Sites of Community Importance (SCIs) must be confirmed by Commission
Habitats and Birds Directives: Natura 2000 SACs requirements appropriate legal framework management plan monitoring arrangements conservation measures
Habitats and Birds Directives: Natura 2000 SAC designation proposed by Member State assessment of habitat types/species based on standard selection criteria List of SCIs adopted by Commission w/ Members scientific seminars in each region Members designate SCIs as SACs
Habitats and Birds Directives: Natura 2000 Enforcement “The interpretation of these provisions by the ECJ has been characterized by a determination to deny significant discretion to governments in the matter of site designation, requiring them instead to classify as SPAs all those sites which, applying ornithological criteria, appear to be the most suitable for conserving listed species. Thus governments which fail to designate sites of obvious importance for birds… will be held to have violated their obligations under the Directive” [Lyster’s International Wildlife Law, 2 d ed. , 210]
Convention on Nature Protection and Wild Life Preservation in the Western Hemisphere Short Title: Western Hemisphere Convention Basic Data: Concluded in 1940, entered into force in 1942, 19 Contracting Governments Objectives …protect and reserve in their natural habitat representatives of all species and genera of their native flora and fauna, including migratory birds, in sufficient numbers and over areas extensive enough to assure them from becoming extinct through any agency within man's control… (Preamble)
Western Hemisphere Convention PA Obligations establish protected areas only legislative authority can alter boundaries of parks prohibit unauthorized hunting in national parks strict wilderness areas inviolate
Western Hemisphere Convention Additional Obligations “The Contracting Governments agree to adopt or to recommend that their respective legislatures adopt, laws which will assure the protection and preservation of the natural scenery, striking geological formations, and regions and natural objects of aesthetic interest or historical or scientific value. ” (Art. V(2))
Overview of the Seminar International Law: Introduction and Terminology Principal Global Conventions Regional and EU Instruments
Objectives Introduce the nature and sources of international law. Illustrate the relevance of international law to domestic protected areas. Explain key instruments and institutions. Review leading international and regional examples.
Outcomes Understanding of the nature and sources of international law. Awareness of the relevance of international law to domestic protected areas. Familiarity with key instruments and institutions. Knowledge of leading international and regional examples.
Core Texts 15 Case Studies
Building Capacity on Protected Areas Law & Governance Module 7 Seminar Presentation Exercises knowledge transfer skills development International Law and Protected Areas
- Slides: 67