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"FORESTRY LAW"
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Protecting forest and marine biodiversity : the role of law
\"This timely book considers appropriate legal practices to use to promote conservation, protection and sustainable use of biological diversity in forest and marine areas. The breadth of issues explored across these two themes is immense, and the book identifies both key differences, and striking commonalities between them.Law-makers, managers and users often have little understanding of either the complexity or the true value of biological diversity and of what is needed to preserve forest and marine ecosystems, and to keep inter-relationships between species within them healthy. Regulators face significant and practical challenges, requiring the adoption of legal frameworks in the context of scientific uncertainty. This book provides critical and comparative reflections on the role of law in both of these biodiversity contexts. Key issues not previously addressed through the law are considered - for example, the lack of international governance of peat; and the moral problem of labelling certain species as 'alien' or 'invasive'. Learned contributors draw valuable lessons for those seeking to protect biodiversity and understand its governance, from analysis of experiences gained forging international and national legal frameworks. With a blend of local and global perspectives, across a wide range of countries and policies, the book will appeal to academics and students in law, international, regional and domestic policymakers, lawmakers, NGOs and conservation agencies.\" -- Provided by publisher.
Book
Beyond the ‘Protected Area’ Paradigm in Conservation: Exploring India’s Forest Legislation as a New Conservation Model for Developing Countries
To achieve global biodiversity targets, expanding protected area (PA) networks has been regarded as a major strategy in international commitments. However, the PA strategy often fails to achieve its objective – preserving biodiversity and ecosystem services. In addition, the expansion of PA areas could replicate and amplify historical injustices such as forced evictions, state-led physical violence, assimilation of culture and loss of traditional ecological knowledge, affecting communities’ livelihood, quality of life and rights. There is an increasing consensus that the post-2020 biodiversity conservation framework should be rights-based and sensitive to the role and contributions of local communities towards achieving the PAs’ targets. India’s Forest Rights Act (FRA) 2006 may be considered a useful framework for biodiversity conservation in the context of this new conservation vision. It puts local people at the centre stage, making them active participants in designing and managing conservation. PAs following ‘fortress conservation’ approach were based on the flawed idea that human interference endangers biodiversity and therefore habitats should be preserved by force if required. Such an idea contradicts the recent understanding that ecosystems once perceived as ‘wilderness’, have been transformed by people. PAs undermine the intricate and intertwined relationship of humans with their immediate ecosystem. The conservation model proposed by FRA 2006, on the other hand, recognises local communities as an integral part of ecosystem and thereby acknowledges people’s rights and agency in conservation. It ensures locals’ equitable benefits from economic activities, and provides equitable opportunities to participate in decision-making. Though various provisions under FRA empowered local people in conservation, it faces various challenges during the implementation on the ground. It is argued that a clear and appropriate institutional arrangement specifying various stakeholders’ power, roles and responsibilities in the conservation and management of bioresources (including the protection of endangered species) should be developed for transformative change in biodiversity conservation.
Journal Article
Reconsidering REDD+ : authority, power and law in the green economy
\"In Reconsidering REDD+: Authority, Power and Law in the Green Economy, Julia Dehm provides a critical analysis of how the REDD+ scheme operates to reorganise social relations and to establish new forms of global authority over forests in the Global South in ways that benefit the interests of some actors while further marginalising others. In accessible prose that draws on interdisciplinary insights, Dehm demonstrates how, through the creation of new legal relations, including property rights and contractual obligations, new forms of transnational authority over forested areas in the Global South are being constituted. This important work should be read by anyone interested in a critical analysis of international climate law and policy that offers insights into questions of political economy, power and unequal authority\"-- Provided by publisher.
Book
What is meant by land-use change? Effects of mining activities on forest and climate change
The ownership of 99.9% of forests in Turkey belongs to the State. According to the mandatory provisions of the Turkish Constitution of 1982, the ownership of State forests cannot be transferred to third parties. However, forest legislation permits several activities within the State forests, other than forestry, under certain conditions. Thus, in this study, the legal process of mining permits granted in State forests in Turkey was analyzed, and the policies implemented in mining permits were tried to be evaluated. Then, how mining activities affect forestlands and the environment has been compared by taking international studies in the literature into account. The change in the amount of carbon stored in the forests where the land use changed as a result of the given mining permit was calculated using the biomass expansion factor (BEF) method. After the mining permit was granted, 53% of the land-use change occurred in the sample area, and there was a 43% decrease in the amount of carbon stored. According to the results of the analysis, before the mining permit was granted, the amount of carbon stored by the area in 2009 was calculated as 4400.23 tons. However, with the start of mining activities in 2011, nearly half of the trees in the area were cut down, which was caused this value to drop to 1911.12 tons. As a result of the mining activities that continued after this date, it was determined by 2021 that all the trees in the area were cut down, and the amount of carbon stored in the area decreased to zero.
Journal Article
Fortress conservation, wildlife legislation and the Baka Pygmies of southeast Cameroon
The indigenous Baka Pygmies of southeast Cameroon depend mainly on environmental incomes for their livelihoods, usually hunting and gathering and the sustainable use of their ecological systems. They are at the verge of profound political, socioeconomic, and environmental transformations orchestrated by modern state laws regulating hunting and international development actors and agencies whose development vision expressed through conservation often underlie a contradiction with their way of life. This ethnographic study aims to document the dynamics of the institution of the great hunting expedition among the Baka. An interplay between the overexploitation of forestry resources, the creation of protected areas (fortress conservation), the full protection of certain classes of large mammals, the use of specific tools forbidden by existing forestry legislation and the ruthless behaviour of ‘eco-guards’ have led to changes in the organization of the great hunting expedition. To better address the socio-cultural aspects of biodiversity conservation and consequently strengthen the legislation regulating the wildlife sector in the country, conservation stakeholders must be conscious of the multiple entanglements between human and other life forms and the ecology of hunting. This suggests the need for a rights-based approach to conservation that recognizes the entanglement of ‘multispecies assemblages’ and respects indigenous land rights.
Journal Article
Land and forest rights of Amazonian Indigenous peoples from a national and international perspective : a legal comparison of the national norms of Bolivia, Brazil, Ecuador, and Peru
\"In this book Siu Lang Carrillo Yap compares the land and forest rights of Amazonian indigenous peoples from Bolivia, Brazil, Ecuador and Peru, and analyses these rights in the context of international law, property law theory and forest and soil sciences. Within this scope and against the historical background, the recent interrelations between the Amazonian indigenous peoples' land, forest and community forest management rights and their importance for the self-determination of indigenous peoples in the Amazonian region are examined. Through bringing together international law with national law, natural resources law with property law and law with natural sciences, the author sheds new light on the complex topic of indigenous peoples' rights closely entwined with the conservation of the Amazonian rainforest\"-- Provided by publisher.
BOOK
Contrasting Forest Loss and Gain Patterns in Subtropical China Detected Using an Integrated LandTrendr and Machine-Learning Method
China has implemented a series of forestry law, policies, regulations, and afforestation projects since the 1970s. However, their impacts on the spatial and temporal patterns of forests have not been fully assessed yet. The lack of an accurate, high-resolution, and long-term forest disturbance and recovery dataset has impeded this assessment. Here we improved the forest loss and gain detections by integrating the LandTrendr change detection algorithm with the Random Forest (RF) machine-learning method and applied it to assess forest loss and gain patterns in the Zhejiang, Jiangxi, and Guangxi Provinces of the subtropical vegetation in China. The accuracy evaluation indicated that our approach can adequately detect the spatial and temporal distribution patterns in forest gain and loss, with an overall accuracy of 93% and the Kappa coefficient of 0.89. The forest loss area was 8.30 × 104 km2 in the Zhejiang, Jiangxi, and Guangxi Provinces during 1986–2019, accounting for 43.52% of total forest area in 1986, while the forest gain area was 20.25 × 104 km2, accounting for 106.19% of total forest area in 1986. Although the interannual variation patterns were similar among three provinces, the forest loss and gain area and the magnitude of change trends were significantly different. Guangxi has the largest forest loss and gain area and increasing trends, followed by Jiangxi, and the least in Zhejiang. The variations in annual forest loss and gain area can be mostly explained by the timelines of major forestry policies and regulations. Our study would provide an applicable method and data for assessing the impacts of forest disturbance events and forestry policies and regulations on the spatial and temporal patterns of forest loss and gain in China, and further contributing to regional and national forest carbon and greenhouse gases budget estimations.
Journal Article
Effects of past and future land conversions on forest connectivity in the Argentine Chaco
Context
Land-use change is the main driver of habitat loss and fragmentation worldwide. The rate of dry forest loss in the South American Chaco is among the highest in the world, mainly due to the expansion of soybean production and cattle ranching. Argentina recently implemented a national zoning plan (i.e., the Forest Law) to reduce further forest loss. However, it is unclear how the effects of past deforestation and the implementation of the Forest Law will affect forest connectivity in the Chaco.
Objective
Our main goal was to evaluate the potential effect of the Forest Law on forest fragmentation and connectivity in the Argentine Chaco.
Methods
We studied changes in the extent, fragmentation, and connectivity of forests between 1977 and 2010, by combining agricultural expansion and forest cover maps, and for the future in a scenario analysis.
Results
Past agricultural expansion translated into an overall loss of 22.5 % of the Argentine Chaco’s forests, with deforestation rates in 2000–2010 up to three times higher than in the 1980s. Forest fragmentation and connectivity loss were highest in 1977–1992, when road construction fragmented large forest patches. Our future scenario analysis showed that if the Forest Law will be implemented as planned, forest area and connectivity in the region will decline drastically.
Conclusions
Land-use planning designed to protect stepping stones could substantially mitigate connectivity loss due to deforestation, with the co-benefit of preserving the greatest amount of biodiversity priority areas across all evaluated scenarios. Including scenario analyses that assess forest fragmentation and connectivity at the ecoregion scale is thus important in upcoming revisions of the Argentine Forest Law, and, more generally, in debates about sustainable resource use.
Journal Article
The Benefits of Local Forest Recreation in Austria and Its Dependence on Naturalness and Quietude
The benefits of local recreation in the State-owned forests in Austria (i.e., about 15% of all Austrian forests) are ascertained in this paper. A representative survey of households dealt with their local recreation, perceptions of and disturbances in forests. Total annual benefits of local recreation activities in State-owned forests, such as walking, hiking, cycling and wildlife observation, amount to about EUR 500 per person. Based on the respondents’ valuation of the degree of naturalness and quietude, as well as the options of forest management, the current management increases recreation benefits by EUR 13 per person through increased naturalness, and EUR 1.30 per person and year through increased quietude. Emphasis was placed on the benefits of the current management regime of multifunctional forestry compared to the benefits of a baseline scenario that was drafted specifically for this study, assuming higher levels of lumbering up to the limits allowed by existing nature conservation and forestry laws. The results suggest that forest management has a higher impact on recreational benefits through the naturalness of forests than through reducing artificial noise. A more sustainable forest management could further increase the benefits people derive from both naturalness and lower levels of artificial noise.
Journal Article