Illegal Logging, Corruption and the Limitations of Destination Country Laws in the Pacific Context

Hannah Harris

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Chapter 4 Illegal Logging, Corruption and the Limitations of Destination Country Laws in the Pacific Context

In: New Zealand Yearbook of International Law

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Hannah Harris

Hannah Harris
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Type:: Chapter

Pages:: 64–96

DOI:: https://doi.org/10.1163/9789004469693_005

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Abstract

Illegal logging is an issue of international concern with significant environmental, social, economic and political implications. In an effort to combat illegal logging, destination countries around the world have enacted legislation criminalising the import of illegally harvested timber. These destination country laws require companies to conduct due-diligence before importing timber products, with penalties for non-compliance. When combined with efforts of the international community, certification bodies and civil society groups, these laws form part of a transnational framework to combat illegal logging. However, this framework relies heavily on laws in source countries where timber is harvested. The framework also fails to account for the complex social, economic and political dynamics that affect source country practices. This raises concerns for the effectiveness of destination country laws and due-diligence requirements in particular. This article explores the challenges and limitations of destination country laws, focusing on the Australian Illegal Logging Prohibition Act 2012 (Cth) and using the source country case study of Solomon Islands. The article articulates the social, economic and political dynamics that shape the operation of forestry laws in Solomon Islands. These source country dynamics have significant but under-researched implications for the effectiveness of destination country laws. The article argues that reliance on source country definitions of legality and the challenges of validating the nature and origins of complex timber products, create significant corruption risks. Corrupt practices may be used to circumvent existing legal obligations. In some circumstances, destination country laws may even create incentives to engage in corrupt conduct or weaken source country legal frameworks, with harmful implications for forests and forest reliant societies. Addressing these risk and challenges will be essential for the success of the transnational framework to combat illegal logging, with implications for corporate due-diligence obligations in other areas of international concern, including modern slavery and foreign bribery.

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New Zealand Yearbook of International Law

Volume 17, 2019

Series: New Zealand Yearbook of International Law, Volume: 17

Cover New Zealand Yearbook of International Law

E-Book ISBN:: 9789004469693

Publisher:: Brill | Nijhoff

Print Publication Date:: 12 Jul 2022

Subjects
- Human Rights and Humanitarian Law
  - Human Rights
  - Refugee Law
- International Law
  - International Law: General Interest
  - International Law: Regional Perspectives

Front Matter

Part 1 Articles and Commentaries

Part 2 The South Pacific

Part 3 The Year in Review

Part 4 New Zealand State Conduct

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Chapter 4 Illegal Logging, Corruption and the Limitations of Destination Country Laws in the Pacific Context

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New Zealand Yearbook of International Law

Volume 17, 2019

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