Transcript Cooperation for Conservation: - Protected Areas Law Capacity

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
CoP
MoP
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
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
conservation
benefit sharing
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 (PoWPA)
Covers
Terrestrial and marine PAs
Connectivity
Transboundary PAs
Tools
National Action Plans
Overseeing/informing Parties
Convention on Biological Diversity
PoWPA 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
control
coordinate action
information exchange
research/statistics
exotic species
threats
networks
new habitats
reintroduction
harmful substances
emergency procedures
awareness raising
Convention on Migratory Species
Agreement on the Conservation
of Seals in the Wadden Sea
Parties
Netherlands
Denmark
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 NonNavigational 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/dg4/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
social requirements
cultural requirements
regional requirements
Habitats and Birds Directives: Natura 2000
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, 2d 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
5 Case Studies
Building Capacity on Protected Areas
Law & Governance
Module 7
Seminar
Presentation
Exercises
knowledge transfer
skills development
International Law and Protected Areas