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Regime Interaction in International Forest Law: The Role of Secondary Law of Forest-related Multilateral Environmental Agreements de Yilly Vanessa Pacheco Restrepo

Regime Interaction in International Forest Law: The Role of Secondary Law of Forest-related Multilateral Environmental Agreements: International Environmental Law, cartea 18

Autor Yilly Vanessa Pacheco Restrepo
en Limba Engleză Hardback – 24 oct 2023
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.
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Specificații

ISBN-13: 9789004678033
ISBN-10: 9004678034
Pagini: 224
Dimensiuni: 155 x 235 mm
Greutate: 0 kg
Editura: Brill
Colecția Brill | Nijhoff
Seria International Environmental Law

Notă biografică

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.

Cuprins

Acknowledgments

List of Tables

Acronyms

Introduction
1 Context

2 Relevance, Research Questions, and Methodology

3 Structure of the Book


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

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

1.3Indirect Binding-Norms: Forests in Environmental Treaty Law

1.4Interim Conclusions


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

2.2The Concept of Secondary Law

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

2.4Interim Conclusions


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


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

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

1.3Convention on Biological Diversity


2 Forests in Trade and Environment Treaties
2.1cites


3 Forests in the Climate Change Regime
3.1unfccc

3.2Kyoto Protocol

3.3The Paris Agreement


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


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

1.2Recommendations of the Ramsar cop

1.3Ramsar cop Resolutions Related to Forests

1.4Cooperation and Synergies

1.5Interim Conclusions


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

2.2cop Resolutions on Trade of Timber and Plants Species

2.3cop Decisions

2.4Trees and Timber Species in the cites Appendices

2.5Cooperation and Synergies with Other mea s and Institutions

2.6Interim Conclusions


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

3.2Key Decisions and Resolutions on Implementation

3.3The World Heritage Forest Program

3.4Cooperation and Synergies with Other mea s

3.5Interim Conclusions


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

4.2Decisions on Forests Adopted by the cbd cop

4.3Forest Special Programs

4.4Cooperation and Synergies

4.5Interim Conclusions


5 Secondary Forest Law in the Climate Change Regime
5.1Introduction

5.2cop Decisions on redd+

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

5.4Decisions 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)

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

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

5.7Interim Conclusions


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


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

1.2Approaching Regime Interaction

1.3Interim Conclusions


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

2.2Diverging Objectives

2.3Different Principles

2.4Opposing Economic Incentives

2.5Interim Conclusions


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

3.2Compliance and Enforcement

3.3Setting Strategic Frameworks for the Future of the Treaties

3.4Partnerships and Synergies with Other mea s and Institutions

3.5Interim 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