Regime Interaction in International Forest Law

The Role of Secondary Law of Forest-related Multilateral Environmental Agreements

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Despite covering almost a third of the globe, forests do not enjoy the protection of a singular global legal convention. Instead, International Forest Law is a complex ecosystem in its own right. This book sets out to examine this complexity by analyzing forest-related Multilateral Environmental Agreements (MEAs) and how the decisions of the various corresponding Conferences of the Parties (COPs) may promote regime interaction in this field of law. Through an in-depth analysis of more than 60 decisions and resolutions of such COPs, Yilly Pacheco discusses how secondary law-making activity in forest-related MEAs may be strengthened and used to fill the gaps in International Forest Law.
Copyright Year:
2023
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ISBN:
978-90-04-67804-0
Publication:
20 Oct 2023
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Published
ISBN:
978-90-04-67803-3
Publication:
25 Oct 2023
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Yilly Vanessa Pacheco Restrepo, Ph.D. (2021), University of Göttingen, is a senior researcher at that university at the Institute of International and European Law. She has published several articles on international environmental law, environmental governance, international forest law, and forest provisions in Preferential Trade Agreements.
Acknowledgments

List of Tables

Acronyms

Introduction
 1 Context

 2 Relevance, Research Questions, and Methodology

 3 Structure of the Book


1 General Background
 1 The Puzzle of International Law for Forest Protection
 1.1 Historical Development of Global Forest Processes in a Nutshell

 1.2 Non-binding Direct Norms: Forests in the Context of the UN

 1.3 Indirect Binding-Norms: Forests in Environmental Treaty Law

 1.4 Interim Conclusions


 2 Forest Law-Making Activity in mea s
 2.1 The Regulatory Function of the Conferences of the Parties: cop s as Lawmakers

 2.2 The Concept of Secondary Law

 2.3 The Question of the Legal Status of cop Decisions and Resolutions

 2.4 Interim Conclusions


 3 The Need to Know How mea s Have Addressed Conservation of Forests and Sustainable Forest Management: Interim Conclusions


2 Relevant International Treaty Law
 1 Forests in Nature Conservation Treaties
 1.1 Ramsar Convention

 1.2 Convention Concerning the Protection of the World Cultural and Natural Heritage

 1.3 Convention on Biological Diversity


 2 Forests in Trade and Environment Treaties
 2.1 cites


 3 Forests in the Climate Change Regime
 3.1 unfccc

 3.2 Kyoto Protocol

 3.3 The Paris Agreement


 4 Forest-Related mea s as Framework Agreements: Interim Conclusions


3 Secondary International Forest Law: Forest Law Focused on Treaty Implementation and Operation
 1 Secondary Forest Law in the Ramsar Convention
 1.1 Introduction

 1.2 Recommendations of the Ramsar cop

 1.3 Ramsar cop Resolutions Related to Forests

 1.4 Cooperation and Synergies

 1.5 Interim Conclusions


 2 Secondary Forest Law in the Convention on International Trade of Endangered Species cites
 2.1 Introduction

 2.2 cop Resolutions on Trade of Timber and Plants Species

 2.3 cop Decisions

 2.4 Trees and Timber Species in the cites Appendices

 2.5 Cooperation and Synergies with Other mea s and Institutions

 2.6 Interim Conclusions


 3 Secondary Forest Law in the Convention Concerning the Protection of World Cultural and Nature Heritage
 3.1 Introduction

 3.2 Key Decisions and Resolutions on Implementation

 3.3 The World Heritage Forest Program

 3.4 Cooperation and Synergies with Other mea s

 3.5 Interim Conclusions


 4 Secondary Forest Law in the Convention on Biological Diversity
 4.1 Introduction

 4.2 Decisions on Forests Adopted by the cbd cop

 4.3 Forest Special Programs

 4.4 Cooperation and Synergies

 4.5 Interim Conclusions


 5 Secondary Forest Law in the Climate Change Regime
 5.1 Introduction

 5.2 cop Decisions on redd+

 5.3 cop Decisions on Land Use, and Land-Use Change and Forestry (lulucf)

 5.4 Decisions on Land Use, Land-Use Change and Forestry (lulucf) Adopted by the Conference of the Parties Serving as the Meeting to the Parties to the Kyoto Protocol (cmp)

 5.5 cop 26 and the Glasgow Climate Pact: Decision 1/cp.26, Decision 1/cmp.16, and Decision 1/cma.3

 5.6 Cooperation with Other mea s Relevant for Forest Protection: The Joint Liaison Group of the Rio Conventions

 5.7 Interim Conclusions


 6 Conferences of the Parties to Multilateral Environmental Agreements as the Current International Forest Law-Makers: Interim Conclusions


4 Overall Assessment and Outlook
 1 Reconsidering Fragmentation in ifl: From Fragmentation to Regime Interaction in ifl
 1.1 Reconsidering Fragmentation

 1.2 Approaching Regime Interaction

 1.3 Interim Conclusions


 2 Redefining Conflict among International Forest Law’s Secondary Instruments
 2.1 Incompatible Norms and Conflicting Obligations

 2.2 Diverging Objectives

 2.3 Different Principles

 2.4 Opposing Economic Incentives

 2.5 Interim Conclusions


 3 Reassessing Functions of Secondary Law in ifl
 3.1 Definition and Interpretation of Terms

 3.2 Compliance and Enforcement

 3.3 Setting Strategic Frameworks for the Future of the Treaties

 3.4 Partnerships and Synergies with Other mea s and Institutions

 3.5 Interim Conclusions


 4 Outlook for International Forest Law: Re-thinking Regime Interaction in International Forest Law from cop Decisions and Resolutions of Forest-Related mea s: Final Conclusions


References

Index

Specialists, scholars, and students in international environmental law and forest governance; forest policymakers, government delegations in Conferences of the Parties, and forest program managers and operators of Multilateral Environmental Agreements.
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