Building Capacity on Protected Areas Law & Governance Module 1 Introduction to Course, Law & PAs.

Building Capacity on Protected Areas Law & Governance

Module 1

Introduction to Course, Law & PAs



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.

World Coverage of PAs (No.)

191119151919192319271931193519391943194719511955195919631967197119751979198319871991199519992003200720110

20,000

40,000

60,000

80,000

100,000

120,000

140,000

160,000

180,000

Growth in number of nationally and internationally designated protected areas (1911-2011)

International Protected Areas

National Protected Areas

Year

To

tal

nu

mb

er o

f p

rote

cted

are

as

Source: IUCN and UNEP-WCMC (2012) The World Database on Protected Areas (WDPA): February 2012. Cambridge, UK: UNEP-WCMC.

World Coverage of PAs (Extent)

191119151919192319271931193519391943194719511955195919631967197119751979198319871991199519992003200720110

2,500,000

5,000,000

7,500,000

10,000,000

12,500,000

15,000,000

17,500,000

20,000,000

22,500,000

25,000,000Growth in nationally designated protected areas (1911 - 2011)

Cumulative Terrestrial Area

Cumulative Marine Area

Cumulative Total Area

Year

To

tal

are

a p

rote

cted

(km

2)

Source: IUCN and UNEP-WCMC (2012) The World Database on Protected Areas (WDPA): February 2012. Cambridge, UK: UNEP-WCMC.

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 Marine17% 10%

Progress in Achieving Targets?

12,7%

4%

1,6%

7%

+ 6 million km2

+ 8 million km2

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.


Course Introduction


Basic PA Concepts

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

Background to the Course

Course Objectives

Strengthen Understanding Build Knowledge

Construct Legal Literacy

Develop & Improve PA LawIncrease PA Law Expertise

Enable Educators

Advance Biodiversity Goals

Protected Areas ConnnectivityLaw

Teaching Methodology

Learner-Centred Knowledge Transfer

Skills Development

Participatory Practical

Shared Practice

Reflective

Empowering Problem-Solving

Facilitative

Course Content …

Intro to the Course & Setting the Scene

Preliminary Considerations

Planning, Types & Declaration

Management

Governance Principles and Approaches

Compliance, Enforcement, Regulation & Financing

Module 1

Module 2

Module 3

Module 4

Module 5

Module 6

Course Content

Marine PAs - Special Legal Considerations

Transboundary PAs - Special Legal Considerations

Connectivity Conservation - Legal Issues & Tools

Marine PAs - Special Features & International Law

Module 9

Module 10

Module 11

Module 12

Module 8 Connectivity Conservation - Introduction

Module 7 International and Regional Law

Structure & Duration 12 Modules

Core Modules Additional Modules

Module Structure 2-hour Seminar Presentation 2-hour Exercise Session

Nature of Exercises Group & individual Mixed nature

Case studies

Legal drafting

Role plays

Discussion forums

Knowledge transfer

Skills Development

Core Texts

15 Case Studies 5 Case Studies

Other Key Resources


Course Introduction


Overview of Legal Concepts

What is Law

Functions of Law

Legal Systems of the World

Branches of Law

Sources of Law

Structure of Government

Types of Law

Components of a Law

What is Law

“Law”?

A body of rules governing human conduct, recognised as binding by people and

enforced by public authorities (the state)

peoplethings

state

rules

rights

duties

Function of Law

“Function”?

order & security

predictability

certainty

justice

Legal Systems of the World…

Clearly defined geographical space

legal pluralism


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 Religious Law Customary Law

Sharia HinduCannon

hard law

Sources of Law

International Lawsoft law custom

Domestic

Constitution

legislation

common law

judicial precedent

customary law

regulationsnational

sub-national

religious law

International Law Rules that regulate relationship amongst

states

Binding

Declarations/Action Plans

Hard Law Soft Law Custom

UnwrittenTreaties

BindingPersuasive

Convention on Biological Diversity

Cannot use territory so as to cause harm

to other states

IUCN WCC Resolutions & Recommendations

Rio Declaration

Constitution

Supreme law Law and conduct inconsistent = invalid Common Law and Civil Law Key elements/content

Fundamental Rights

Structure ofGovernment

Substantive Rights

Procedural Rights

Branches

Distribution ofSovereignty

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

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

Other Domestic Sources of Law

Branches of Law

International Law

Domestic Law

Private LawPublic Law Procedural Law

Constitutional Law

Administrative Law

Criminal Law

Civil Procedure

Criminal Procedure

Law of Evidence

Commercial Law

Property Law

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…

Name and number Preamble Substance

Principles & Objectives Institutions Subject Specific Legal Requirements

Compliance and Enforcement Power to Make Regulations/Rules Commencement, Transition & Repeals

“Components”?

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

Fiscal Laws

Development Control Laws

Government


Legislature

Separation of

powers

Executive Judiciary

makes laws

determines validity of laws & conduct

administers laws

resolves disputes

Distribution of Power/Authority

Unitary State Federal State

Central Governmentoriginal power

“national” “federal”

Regional Governments

“provincial” “state”

original power

Central Governmentoriginal power

Regions

Local Areas Local Areasoriginal power

Overview of Legal Concepts

What is Law

Functions of Law


Branches of Law

Sources of Law


Types of Law

Components of a Law


Course Introduction


Basic PA Concepts

Overview of PA Concepts

Definition of “Protected Area”

Importance & Value of Protected Areas

Other Relevant Definitions

Management Principles

PA Governance & Good Governance

Institutions & Stakeholders

What is in a Name!

Strict Nature Reserve

Wilderness Area

National Park

Natural Monument/Feature

Habitat/Species Mgt Area

Protected Land/Seascape

Protected Area withSustainabie Use

Private Reserve

Voluntary Conserved Area

Indigenous CommunityConserved Area

Local Reserve

Heritage Site/Area

Sacred Sites

Forest Reserves

Transboundary PA

Tansfrontier Park

Conservancy

Biosphere Reserve

Protected Environments

Botanical Gardens

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)




“Protected Area”?

conserve nature

prevent harm

maintain naturalness

gu

idin

g p

rincip

lesDefinition of “Protected Area”

Special Applications

May all fall within IUCN definition of PA

Overarching requirement is meeting the IUCN definition and alignment with conservation objective as primary goal

May be special considerations or characteristics that disqualify certain sites

Marine Protected Areas

Forest Protected Areas

Inland Water Protected Areas

Sacred Sites

Voluntarily Conserved Areas

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 System of protected areas officially established or

recognised by the state pursuant to protected areas legislation, normally consisting of state-owned or state-controlled protected areas and including voluntarily conserved areas that have been recognised as part of the official system.

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

make 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.


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?

nature people

ecosystem services

cultural

value

maintain biodiversity

areas of refuge provisioning

regulating supporting

climate change

mitigation adaptation

ecological resilience


Reflect in

PA

law

Planning

Ecosystem Approach

Management by Conservation Objectives

Precautionary Approach

Managing for Particular Threats

Connectivity

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


Ecosystem 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 the threat.

International recognition Supporting principles

Broad participation Best available Information Adaptive management

Relevance for PA law


Ecosystem 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


Planning

Ecosystem Approach


Connectivity

PA Planning

Key Characteristics

Representativeness

Adequacy Persistence

Coherence

“Planning”

System Plan

Resilience

Consistency

Efficiency & Equity

Management Plan

Connectivity


Planning

Ecosystem Approach



Connectivity

Manage by Conservation Objectives

Overarching Objective

Specific Objectives

PA System Level PA Site Level

Conserve nature

Conserve outstanding ecosystems

Protect specific species

Facilitate sustainable use

Protect specific feature

Protect specific habitat

PA Management Categories Category Definition of Management Objective

Category IaStrict 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 IbWilderness 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 IINational 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 IIINatural 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 IVHabitat/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 VProtected 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 VIProtected 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

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

Application

IUCN Management Categories …

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

Application…

IUCN Management Categories


Planning

Ecosystem Approach




Connectivity

Threats to Protected Areas

Direct Threats Indirect Threats

Urban expansion

Habitat loss

On-site development

Unsustainable resource use

On-site pollution

Inappropriate land/sea use

Off-site pollution

Off-site natural events Natural events

Illegal activities

War & conflict

Alien species

Climate change

Off-site development


Reflect in

PA

law

Planning

Ecosystem Approach




Connectivity

Understanding Governance …

Two Different Dimensions

Quality of Governance

Who Makes Decisions

“Governance”?

Good Governance Types of Governance

Understanding Governance

‘The interactions among structures, processesand traditions that determine how power and responsibilities are

exercised, how decisions are taken and how citizens or other stakeholders have their say.’

“Governance”?

rich & multifacteted complex

authority/power

who makes decisions

how decisions made who is accountable

how authority shared

Understanding PA Governance …

‘The interactions among structures, processesand 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.’

“Protected Areas Governance”?

authority/power

who makes decisions

how decisions made who is accountable

how authority shared

de iure/in law de facto/in practice

a continuum of options

state-owned

state-controlled

shared

private

indigenous & locals

Understanding PA Governance

IUCN Governance Types

Quality of Governance

“Good Governance”?

legitimacy & voice

direction

accountability

fairness & rights

performance

public participation

predictability

transparency

equity

justice

PA Pratitioner Perspective PA Lawyer Perspective

Institutions & Stakeholders …

International Institutions

Regional Institutions

State Actors

Non-State Actors

Ministries Departments

national sub-national

StatutoryBodies

Private Landowners

Indigenous Peoples Local

Communities

Corporations

NGOs

National Institutions


Overview of PA Concepts

Definition of “Protected Area”

Importance & Value of Protected Areas

Other Relevant Definitions


PA Governance & Good Governance



Course Introduction


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.


Module 1


SeminarPresentation

Exercise

knowledge transfer skills development

Building Capacity on Protected Areas Law & Governance Module 1 Introduction to Course, Law & PAs.

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