In Regional Cooperation in Amazonia: A Comparative Environmental Law Analysis, Maria Antonia Tigre provides a broad overview of the international, regional and national law applied to the Amazon rainforest and investigates efforts at regional cooperation for the protection of the Amazonian ecosystem. For the last four decades, cooperation among the eight countries in which the rainforest lies was primarily induced by the Amazon Cooperation Treaty (ACT). Originally adopted to ensure national sovereignty, the ACT gradually evolved towards a framework for sustainable development.
Based on the challenges faced by the treaty and its subsequent instruments, Maria Antonia Tigre analyzes ways in which the ACT can be more effectively applied, leading to practical results that reduce deforestation. These specifically relate to the enforceability of the right to the environment, the implementation of protected areas, and the development of financial mechanisms to fund initiatives.
Maria Antonia Tigre, LL.M. (2014), Elisabeth Haub School of Law at Pace University, is a senior environmental attorney at the Cyrus R. Vance Center for International Justice. She has published articles on the legal frameworks of forest-rich countries and climate change, including Cooperation for Climate Mitigation in Amazonia: Brazilâs Emerging Role as a Regional Leader (2016).
Preface Acknowledgments List of Illustrations Abbreviations and Acronyms
1 Introduction
â1.1âGeography of Amazonia
â1.2âHow to Define Amazonia
â1.3âAbout This Book
2 History of Amazonia and Amazonian Deforestation
â2.1âOccupation before Colonization
â2.2âEuropean Colonization
â2.3âIndependence
â2.4âMilitary Regimes and Amazonian Occupation to Protect Borders
â2.5âReestablished Democracies
â2.6âConclusion
3 Threats to the Amazon Rainforest: Deforestation and Climate Change
â3.1âDeforestation
â3.2âCauses of Deforestation
â3.2âClimate Change and Amazonia
â3.4âEmissions in Amazonia
â3.5âConclusion
4 Early forms of Regional Cooperation: From Bilateral Agreements to Regional Integration
â4.1âInternational Boundaries, Free Navigation, and Border Security
â4.2âEnvironmental Agenda at the Global Level
â4.3âBilateral Agreements and the Idea for Binational Parks
â4.4âFoundations of Regional Cooperation
â4.5âNegotiations for an Amazon Club
â4.6âConclusion
5 First Period of Cooperation Within the actâs Framework (1978â1989): The Defensive-Protectionist Phase
â5.1âPrinciples of the Act
â5.2âTerritorial Scope of the Act
â5.3âDuration, Reservation and Dispute Resolution
â5.4âMember Countriesâ Rights
â5.5âMember Countriesâ Duties
â5.6âRatification
â5.7âInstitutional Structure of the act
â5.8âInitial Development of Cooperation
â5.9âDevelopments in International Forest Law
â5.10âConclusion
6 Second Period of Cooperation within the actâs Framework (1989â1994): Boost and Political Strengthening
â6.1â1989 Manaus Declaration
â6.2â1992 Manaus Declaration
â6.3â1992 United Nations Conference on Environment and Development (unced), Rio de Janeiro
â6.4âForest Certification
â6.5âInstitutional Development
â6.6âConclusion
7 Third Period of Cooperation within the actâs Framework (1995â2002): Institutional Maturity
â7.1âInstitutional Development
â7.2âThe Amazon Cooperation Treaty Organization
â7.3âFinancial Mechanism and External Assistance
â7.4âEnvironmental Agenda
â7.5âDevelopments in International Forest Law
â7.6âConclusion
8 Fourth Period of Cooperation Within the actâs Framework (2002â2009): Institutional Visibility
â8.1âInstitutional Development
â8.2âThe 2004â2012 Strategic Plan
â8.3âImplementation of the Strategic Agenda
â8.4âInstitutional Crisis
â8.5âEnvironmental Agenda
â8.6âDevelopments in International Forest Law
â8.7âConclusion
9 Fifth Period of Cooperation within the actâs Framework (2009â2017): Revitalizing the acto
â9.1âRelaunch of the acto
â9.2âStrategic Agenda of Amazon Cooperation (aeca)
â9.3âImplementation of the Strategic Agenda
â9.4âEnvironmental Agenda
â9.5âDevelopments in International Forest Law
â9.6âConclusion
10 Critical Analysis of the act/acto
â10.1âShould Forests be Regulated at the Regional Level? An Analysis of Forest Regulation at the Global, Regional, and National Levels
â10.2âIs the acto the Appropriate Forum
â10.3âHow Can the acto Achieve Tangible Results
â10.4âExperience from Brazil
â10.5âConclusion
11 Environmental Protection
â11.1âGaps in Regional Cooperation
â11.2âSubstantive Right to the Environment
â11.3âIndividual Duty to Protect the Environment
â11.4âStateâs Duty to Protect the Environment
â11.5âBalance between Economic Development and Environmental Protection
â11.6âConstitutional Protection of the Amazon Rainforest
â11.7âConclusion
12 Protected Areas
â12.1âProtected Areas and Indigenous Territories in Amazon Countries
â12.2âDeforestation in Protected Areas and Indigenous Territories
â12.3âThe Case for a Regional Effort for Protected Areas
â12.4âExisting Regional Approaches for Protected Areas
â12.5âBrazilâs Amazon Region Protected Areas Program (Arpa)
â12.6âTransboundary Protected Areas (tba)
â12.7âPrivately Protected Areas
â12.8âConclusion
13 Financial Mechanisms
â13.1âColombiaâs Amazon Vision
â13.2âBrazilâs Amazon Fund
â13.3âGuyana-Norway Partnership
â13.4âEcuadorâs YasunÃ-itt Initiative
â13.5âSocio Bosque Program in Ecuador
â13.6âConclusion
14 Stakeholders in Amazonia
â14.1âRelevance of Stakeholders
â14.2âEnvironmental Institutions in Amazon Countries
â14.3âAmazonian Research Institutions
â14.4âNational Institutions Participating in Regional Cooperation
â14.5âParticipation of Third Parties and the Role of Multiple Stakeholders
â14.6âConclusion
Appendices Appendix 1: Amazon Cooperation Treaty Appendix 2: Protocol of Amendment of the Amazon Cooperation Treaty appendix 3: Declarations of Presidents of Amazon Countries
Bibliography Index
All interested in environmental protection of forests, the Amazon rainforest in particular, as well as the impacts of climate change and deforestation.