Building Capacity on Protected Areas Law Governance Module
Building Capacity on Protected Areas Law & Governance Module 1 Introduction to Course, Law & PAs
Building Capacity on Protected Areas Law & Governance 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. Introduction to Course, Law & PAs
World Coverage of PAs (No. ) Growth in number of nationally and internationally designated protected areas (1911 -2011) 180, 000 National Protected Areas 160, 000 Total number of protected areas International Protected Areas 140, 000 120, 000 100, 000 80, 000 60, 000 40, 000 20, 000 0 1911 1916 1921 1926 1931 1936 1941 1946 1951 1956 1961 1966 1971 1976 1981 1986 1991 1996 2001 2006 2011 Year Source: IUCN and UNEP-WCMC (2012) The World Database on Protected Areas (WDPA): February 2012. Cambridge, UK: UNEPWCMC.
World Coverage of PAs (Extent) Growth in nationally designated protected areas (1911 - 2011) 25, 000 Cumulative Terrestrial Area 22, 500, 000 Cumulative Marine Area 20, 000 Total area protected (km 2) Cumulative Total Area 17, 500, 000 15, 000 12, 500, 000 10, 000 7, 500, 000 5, 000 2, 500, 000 0 1911 1916 1921 1926 1931 1936 1941 1946 1951 1956 1961 1966 1971 1976 1981 1986 1991 1996 2001 2006 2011 Year Source: IUCN and UNEP-WCMC (2012) The World Database on Protected Areas (WDPA): February 2012. Cambridge, UK: UNEPWCMC.
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 17% 10% Marine
Progress in Achieving Targets? 12, 7% + 6 million km 2 4% + 8 million km 2 1, 6% 7%
Overview of the Seminar Course Introduction Basic Legal Concepts Basic PA Concepts
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.
Overview of the Seminar Course Introduction Basic Legal Concepts Basic PA Concepts
Background to the Course 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
Course Objectives Protected Areas Law Connnectivity Build Knowledge Strengthen Understanding Enable Educators Construct Legal Literacy Increase PA Law Expertise Develop & Improve PA Law Advance Biodiversity Goals
Teaching Methodology Learner-Centred Shared Practice Knowledge Transfer Skills Development Practical Participatory Facilitative Reflective Problem-Solving Empowering
Course Content … Module 1 Intro to the Course & Setting the Scene Module 2 Governance Principles and Approaches Module 3 Preliminary Considerations Module 4 Planning, Types & Declaration Module 5 Management Module 6 Compliance, Enforcement, Regulation & Financing
Course Content Module 7 International and Regional Law Module 8 Connectivity Conservation - Introduction Module 9 Connectivity Conservation - Legal Issues & Tools Module 10 Marine PAs - Special Features & International Law Module 11 Marine PAs - Special Legal Considerations Module 12 Transboundary PAs - Special Legal Considerations
Structure & Duration 12 Modules Core Modules Additional Modules Module Structure 2 -hour Seminar Presentation 2 -hour Exercise Session Knowledge transfer Skills Development Nature of Exercises Group & individual Mixed nature Legal drafting Role plays Discussion forums Case studies
Core Texts 15 Case Studies
Other Key Resources
Overview of the Seminar Course Introduction Basic Legal Concepts
Overview of Legal Concepts What is Law Functions of Law Legal Systems of the World Branches of Law Sources of Law Types of Law Components of a Law Structure of Government
What is Law “Law”? A body of rules governing human conduct, recognised as binding by people and enforced by public authorities (the state) state things rules rights duties people
Function of Law “Function”? order & security certainty predictability justice
Legal Systems of the World… Clearly defined geographical space legal pluralism
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 Sharia Religious Law Customary Law Cannon Hindu
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
International Law Rules that regulate relationship amongst states Hard Law Soft Law Custom Treaties Declarations/ Action Plans Unwritten Binding Persuasive Binding Rio Declaration Cannot use territory so as to cause harm to other states Convention on Biological Diversity IUCN WCC Resolutions & Recommendations
Constitution Supreme law Law and conduct inconsistent = invalid Common Law and Civil Law Key elements/content Fundamental Rights Structure of Government Substantive Rights Branches Procedural Rights Distribution of Sovereignty
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
Other Domestic Sources of Law 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
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
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… “Components”? Name and number Preamble Substance Principles & Objectives Institutions Subject Specific Legal Requirements Compliance and Enforcement Power to Make Regulations/Rules Commencement, Transition & Repeals
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 Development Control Laws Fiscal Laws
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
Overview of Legal Concepts What is Law Functions of Law Legal Systems of the World Branches of Law Sources of Law Types of Law Components of a Law Structure of Government
Overview of the Seminar Course Introduction Basic Legal Concepts Basic PA Concepts
Overview of PA Concepts Definition of “Protected Area” Other Relevant Definitions Importance & Value of Protected Areas Management Principles PA Governance & Good Governance Institutions & Stakeholders
What is in a Name! Strict Nature Reserve Private Reserve Transboundary PA Wilderness Area Voluntary Conserved Area Tansfrontier Park National Park Indigenous Community Conserved Area Conservancy Natural Monument/Feature Local Reserve Biosphere Reserve Habitat/Species Mgt Area Heritage Site/Area Protected Environments Protected Land/Seascape Sacred Sites Botanical Gardens Protected Area with Sustainabie Use Forest Reserves 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)
Definition of “Protected Area”…
Definition of “Protected Area”…
Definition of “Protected Area”…
Definition of “Protected Area”? prevent harm maintain naturalness guiding principles conserve nature
Special Applications Marine Protected Areas Forest Protected Areas Inland Water Protected Areas May all fall within IUCN definition of PA Overarching requirement is meeting the IUCN definition and alignment with conservation objective as primary goal Sacred Sites Voluntarily Conserved Areas May be special considerations or characteristics that disqualify certain sites
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 of protected areas officially established or recognised by the state pursuant to protected areas legislation, normally consisting of state-owned or statecontrolled protected areas and including voluntarily conserved areas that have been recognised as part of the official system.
Other Important Definitions … 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 mak 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.
Importance & Value Importance? value nature maintain biodiversity people ecosystem services areas of refuge cultural provisioning ecological resilience regulating supporting climate change mitigation adaptation
Management Principles Ecosystem Approach Connectivity Planning Management by Conservation Objectives Managing for Particular Threats Reflect in PA law Precautionary Approach
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
Management Principles Ecosystem Approach Precautionary Approach
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 threat. International recognition Supporting principles Broad participation Best available Information Adaptive management Relevance for PA law
Management Principles Ecosystem Approach Precautionary Approach Connectivity
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
Management Principles Ecosystem Approach Precautionary Approach Connectivity Planning
PA Planning “Planning” System Plan Management Plan Key Characteristics Representativeness Efficiency & Equity Adequacy Persistence Coherence Resilience Consistency Connectivity
Management Principles Ecosystem Approach Precautionary Approach Connectivity Planning Management by Conservation Objectives
Manage by Conservation Objectives PA System Level PA Site Level Overarching Objective Specific Objectives Conserve nature Protect specific species Conserve outstanding ecosystems Protect specific habitat Facilitate sustainable use Protect specific feature
PA Management Categories Category Definition of Management Objective Category Ia Strict 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 Ib Wilderness 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 II National 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 III Natural 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 IV Habitat/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 V Protected 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 VI Protected 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.
IUCN Management Categories Background Purpose Global Acceptance The Categories Application
IUCN Management Categories … Application 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
IUCN Management Categories Application… 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
Management Principles Ecosystem Approach Precautionary Approach Connectivity Planning Management by Conservation Objectives Managing for Particular Threats
Threats to Protected Areas Urban expansion Habitat loss War & conflict Alien species On-site development Inappropriate land/sea use Unsustainable resource use Off-site development On-site pollution Off-site pollution Natural events Off-site natural events Illegal activities Climate change Direct Threats Indirect Threats
Management Principles Ecosystem Approach Connectivity Planning Management by Conservation Objectives Managing for Particular Threats Reflect in PA law Precautionary Approach
Understanding Governance … “Governance”? Two Different Dimensions Quality of Governance Who Makes Decisions Good Governance Types of Governance
Understanding Governance “Governance”? ‘The interactions among structures, processes and traditions that determine how power and responsibilities are exercised, how decisions are taken and how citizens or other stakeholders have their say. ’ rich & multifacteted complex authority/power who makes decisions how authority shared how decisions made who is accountable
Understanding PA Governance … “Protected Areas Governance”? ‘The interactions among structures, processes and 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. ’ de iure/in law authority/power de facto/in practice who makes decisions how authority shared how decisions made who is accountable
Understanding PA Governance a continuum of options state-owned state-controlled shared indigenous & locals private
IUCN Governance Types
Quality of Governance “Good Governance”? PA Pratitioner Perspective PA Lawyer Perspective legitimacy & voice public participation direction transparency performance predictability accountability equity fairness & rights justice
Institutions & Stakeholders … International Institutions Regional Institutions
Institutions & Stakeholders National Institutions State Actors Ministries Departments national Private Landowners Statutory Bodies sub-national Non-State Actors Indigenous Peoples Corporations Local Communities NGOs
Overview of PA Concepts Definition of “Protected Area” Other Relevant Definitions Importance & Value of Protected Areas Management Principles PA Governance & Good Governance Institutions & Stakeholders
Overview of the Seminar Course Introduction Basic Legal Concepts Basic PA Concepts
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.
Building Capacity on Protected Areas Law & Governance Module 1 Seminar Presentation Exercise knowledge transfer skills development Introduction to Course, Law & PAs
- Slides: 82