1 Overview introducing global issues and legal tools through local case studies. 2 Importance of legal protections for natural areas

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1 Warren G. Lavey University of Illinois (USA) Online Course 2015 Environmental Policy: Legal Protections for Overview of 16 Lessons Lesson Topic Three key messages Sources of case studies 1 Overview introducing global issues and legal tools through local case studies 2 Importance of legal protections for natural areas 3 National Statutes a. Legal protections are critical for the conservation and development of natural areas. b. Familiar natural areas, as well as areas around the world, often have complex legal histories, frameworks and challenges. c. In light of changing climate and other conditions, legal protections for natural areas must adapt and reshape uses. a. Natural areas provide valuable services to humans as well as fauna and flora. b. Governments have committed to protect by laws more land and marine areas. c. Legal protections for natural areas involve many stakeholders, interests, threats and management principles. a. Statutes require defining the objectives, scope and means of protections. b. Protections derive from several statutes with different purposes. a. University of Illinois campus area b. Local municipal native prairie park c. Illinois aquifer d. Invasive fish species near Great Lakes e. Yosemite National Park in California U.S. San Gabriel National Monument in California a. U.S. Grand Canyon b. Australia s Great Barrier Reef Legal documents and policies examined a. UN Report of the Open Working Group of the General Assembly on Sustainable Development Goals b. UN Climate Summit 2014, Forests: Action Statements and Action Plans c. U.S. National Historic Landmark statute d. Local, state and federal statutes, regulations and litigation on hazardous waste disposal and aquifers e. Statutes, agreements and court decisions on Great Lakes f. Yosemite park management plans a. IUCN, The Promise of Sydney and stream reports b. Convention on Biological Diversity - Aichi Targets c. U.S. Antiquities Act d. U.S. Executive Order declaring national monument a. Several U.S. statutes b. Australian statutes c. Complaints filed in Australian courts 1

2 4 Challenges to Enforcing Statutes to Protect 5 Governance in 6 Constitutional Provisions in 7 Constitutional Provisions; c. Statutes provide the framework for planning, managing and governing areas. a. Statutory provisions for protected areas are not sufficient to effectively achieve benefits to nature and humans. Design, management and delivery are key and must be evaluated. b. Along with science-based decisions, human interests, especially local communities, must be considered in protecting areas. c. Failures to coordinate and enforce protections for natural areas occur in developing as well as developed countries. a. Laws for protecting natural areas must address the processes for decision-making in specific areas. b. Good governance includes respecting rights and human needs, transparency, openness, accountability and adaptability. c. Various forms of governance can support effective parks, including indigenous community and voluntarily. a. Constitutional provisions can express various fundamental environmental rights, including in natural areas. b. Constitutional provisions are neither necessary nor sufficient to protect natural areas, but can be important. c. Broad terms in constitutional expressions of environmental rights should be clarified to limit different interpretations. a. In some cases, constitutional amendments for protecting natural areas are appealing. a. DRC s Virunga Park b. Kenya community c. Namibia community d. California illegal drilling Interview with World Bank (African forest communities) ex-staff a. Chicago park area for use by Presidential Library b. China impacts of nature reserves on communities a. France Charter for the Environment b. Ecuador Rights for Nature Articles, and drilling in Yasuni area c. Canada proposed constitutional provisions d. Illinois constitutional provision on environment e. Australia Principles of Ecologically Sustainable Development a. Florida constitutional amendment a. Convention on Biological Diversity Evaluation Guidelines b. Complaint filed in California court a. Chicago and Illinois statutes b. China Nature Reserve Law a. France Charter for the Environment b. Ecuador Rights for Nature Articles c. Illinois constitution and Supreme Court decision d. Australia Environment Protection and Biodiversity Conservation Act a. Florida constitutional amendment 2

3 Management Plans 8 Rules and Regulations Detailed decisions are made through statutes, agency decisions and judicial cases. b. Management plans are critical to protection and development of natural areas. c. Processes for developing and revising management plans should be open, transparent, fact based, and adaptive. a. Key role of agency actions in legal framework for protecting natural areas. b. Like statutes, effective regulations should be open to stakeholders, transparent, fact based, accountable, and adaptive c. Business interests, corruption and poverty can undermine the regulatory support for natural areas. b. Canada Forillon Park c. South Africa Kruger Park a. U.S. Department of the Interior actions b. U.S. Department of Agriculture Conservation Reserve Program c. India agency decisions on forests, tigers, mining and industrial facilities d. Madagascar statutes and ministerial orders b. Canada Forillon Park Management Plan c. Parks Canada Agency Act d. South Africa Kruger Park Management Plan a. U.S. Department of Interior annual performance plan and report b. U.S. Forest Service proposed rule c. U.S. Conservation Reserve Program statutes and U.S. Department of Agriculture rules 9 Global Conventions a. Several global agreements state binding obligations, non-binding commitments, or guiding frameworks for protecting natural areas. b. Multi-national conventions address transboundary issues and create pressures on nations in managing natural areas. c. Like national constitutions, statutes and regulations, several international legal frameworks seek balanced sustainable development. Interview with Field Museum of Chicago field biologist (Madagascar) a. Convention on Biological Diversity b. World Heritage Convention; Great Barrier Reef c. Convention on Migratory Species Agreement; Gorilla Agreement d. Convention on International Trade in Endangered Species e. Convention on Wetlands f. UN Convention on Law of the Seas g. UN Convention on Non-Navigational Uses of Watercourses a. CBD Program of Work and Aichi Targets b. World Heritage Convention decision on Great Barrier Reef and Endangered List 3

4 10 Some Regional Conventions and Laws 11 Transboundary Protected Areas 12 Marine Protected Areas a. Regional agreements and laws supplement global conventions and can involve more active cooperation. b. Even without a binding agreement, a regional forum can facilitate cooperation and spur national actions. c. Regional organizations face difficult, limited options for actions in the face of national noncompliance. a. TBPA can advance ecological objectives as well as economic, political and social goals. b. Common interests can spur the formation of TBPAs, but developing coordination and legal frameworks can be a long, difficult process. International organizations can assist. c. TBPAs face greater challenges in sharing costs and benefits, financing, enforcement, and adaptive management. a. Marine areas need greater legal protections. Challenges range from knowledge of ecosystems and threats through connectivity and enforcement. b. Multiple sources of law could be applied to protect marine areas, some marine specific and others general to natural areas. c. Effective protection of marine areas requires adaptive management in light of changing h. Sendai Framework for Disaster Risk Reduction a. Convention on the Conservation of European Wildlife and Natural Habitats b. European Habitats and Birds Directive - Natura 2000 c. African Convention on the Conservation of Nature and Natural Resources d. Convention on Nature Protection and Wildlife Preservation in the Western Hemisphere e Arctic Fishing Agreement f. Greece Laganas Bay national marine park Kavango-Zambezi transfrontier conservation area Case study: W Region transboundary reserve spotlight: U.S. Everglades a. Trinidad and Tobago marine areas statute b. Australia New South Wales marine parks act c. South Africa marine protected areas statutory amendment d. France decree creating marine park a. African Convention on the Conservation of Nature and Natural Resources b. Greece, European decisions, complaints and reports on Greece Laganas Bay a. Kavango-Zambezi Transfrontier Conservation Area treaty b. Southern African Development Community Program for Transfrontier Conservation Areas a. U.S. court decision on public nuisance b. U.S. court decision on public trust 4

5 threats (including climate) and complex landscape interactions. e. Hong Kong ordinance for marine parks f. Cayman Islands plan for marine parks Interview with Conservation International marine biologist Case study: Canada 13 Indigenous Peoples and 14 Working with Governments for More Protected Areas a. Indigenous peoples rights and participation are closely tied to the objectives of protecting natural areas. The standard is Free, Prior and Informed Consent. b. The World Heritage Convention has evolved toward greater roles for indigenous peoples in nominating, managing and reporting on sites. c. Indigenous community often face special challenges in development, management and finance. a. Many decision-makers seek a fact-based, scientific approach to designing and managing protections for natural areas. b. Influencing such decisions requires credible research on ecological, geological, and socioeconomic dimensions. The research must involve and be effectively communicated with stakeholders and governments. spotlight: Papua New Guinea a. Free, prior and informed consent under the Convention on Biological Diversity, UN Declaration on the Rights of Indigenous Peoples b. World Heritage sites; Kenya c. UNEP/UNDP toolkit for indigenous community Case studies: India, Australia, Italy spotlight: Brazil forests a. Forest areas and communities in Peru, Ecuador and Bolivia b. Scotland national parks c. Tanzania wildlife management areas Interview with Field Museum rapid inventory leader a. UNEP/UNDP toolkit for indigenous community b. Call to Action of the International Expert Workshop on the World Heritage Convention and Indigenous Peoples c. Kenya Endorois decision by African Commission on Human and Peoples Rights and agreement on Lake Bogoria reserve d. Conservation International guidelines on Free, Prior and Informed Consent a. Field Museum Rapid Biological and Social inventory for Peru, Ecuador and Bolivia b. Scotland Campaign for National Parks report on socio-economic benefits; testimony at Scottish Parliament committee 5

6 c. Project evaluation studies are an important element in developing, managing and financing protections. (Peru, Ecuador, Bolivia) Case studies: Chile, South Korea c. USAID Tanzania Wildlife Management Areas Evaluation 15 Through Purchases and Investments a. Purchases and investments are multi-trillion dollar tools in protecting natural areas. Certifications and disclosures facilitate informed decisions and provide incentives. b. Government operations can support care for natural resources through environmentally preferred purchasing. c. Securities laws may require disclosures of companies impacts on natural areas, and drive improved performance. spotlight: Vietnam a. Forestry product certifications b. U.S. federal agencies sustainability plans c. U.S. company disclosures on environmental impacts Interview with World Wildlife Fund, sustainable forestry spotlight: Canada forests 16 Summary Interview with Britain s National Trust a. U.S. Executive Order on planning federal sustainability b. World Wildlife Fund, The Global Forest & Trade Network Guide to Legal and Responsible Sourcing c. U.S. Lacey Act d. Canada British Columbia forestry statutes and regulations 6