Forest Law and Sustainable Development : Addressing Contemporary Challenges Through Legal Reform

by Christy, Lawrence C.; Leva, Charles E. Di; Lindsay, Jonathan M.; Takoukam, Patrice Talla

• ISBN13: 9780821370384
• ISBN10: 0821370383
• Format: Paperback
• Copyright: 2007-04-01
• Publisher: World Bank

Summary

This book analyzes the wide range of issues that should be taken into account in forest-related legislation. It stresses that forest law must be understood in the context of the broader legal framework governing land use and land tenure, as well as international obligations related to trade, environmental protection, and human rights. The book also pays significant attention to institutional arrangements and governance practices relevant to forests, including decentralization, transparency, and law enforcement. The authors draw extensively on experience from around the world to provide tools for dealing with various forest management challlenges.The authors are experts in the field of forest law. Lawrence C. Christy is a Former Chief, Development Law Service, Legal Office, Food and Agricultre Organization of the United Nations (FAO). Charles E. Di Leva is Chief Counsel, Environmentally and Socially Sustainable Development and International Law Unit (LEGEN), Legal Vice-Presidency, World Bank. Jonathan M. Lindsay is Senior Counsel with LEGEN, Legal Vice-Presidency, World Bank. Patrice Talla Takoukam is Counsel with LEGEN, Legal Vice-Presidency, World Bank.

Author Biography

Lawrence C. Christy is a Former Chief, Development Law Service, Legal Office, Food and Agriculture Organization of the United Nations (FAO) Charles E. Di Leva is Chief Counsel, Environmentally and Socially Sustainable Development and International Law Unit (LEGEN), Legal Vice-Presidency, World Bank Jonathan M. Lindsay is Senior Counsel with LEGEN, Legal Vice-Presidency, World Bank Patrice Talla Takoukam is Counsel with LEGEN, Legal Vice-Presidency, World Bank

Table of Contents

List of Boxes	p. ix
Foreword	p. xi
Abstract	p. xiii
Acknowledgments	p. xv
Acronyms and Abbreviations	p. xvii
Introduction and General Overview	p. 1
Forest Law in Context	p. 5
The Legal and Policy Basis for Forest Law	p. 7
Land	p. 8
Constitution	p. 10
International Law and Policy	p. 12
Criminal Law and Procedure	p. 26
Environment	p. 26
Wildlife	p. 26
Public Administration	p. 27
Forest Tenure	p. 29
The Importance and Complexity of Forest Tenure	p. 29
Designation of State Forests	p. 31
Redesignation of State Forests to Nonforest Status	p. 33
Private Forest Tenure	p. 36
Customary or Community-Based Tenure	p. 36
Forest Management	p. 39
Public Forestry	p. 41
Classification	p. 41
Management Planning	p. 42
Concessions and Licensing	p. 48
Nontimber Forest Products	p. 60
Private Forestry	p. 63
Incentives	p. 63
Forest Use Obligations	p. 66
Controls and Obstacles	p. 69
Plantations	p. 70
Institutional Arrangements	p. 75
Public Institutions	p. 77
Roles of Minister and Forest Department	p. 77
Coordinating Bodies	p. 77
Structures for Public Participation	p. 79
Forest Commissions and Outsourcing	p. 80
State Forest Corporations	p. 81
Decentralization and Devolution	p. 83
Similarities and Distinctions	p. 83
Decentralization	p. 84
Devolution to Community-Based Groups	p. 87
Good Governance	p. 101
Transparency and Disclosure	p. 101
Public Participation	p. 104
Accountability	p. 106
Combating Illegal Logging and Corruption	p. 110
Environmental and Trade Issues	p. 115
Forest Law and the Environment	p. 117
Biological Diversity	p. 119
Climate Change	p. 120
Compensation for Environmental Goods	p. 122
Forest Law and Trade	p. 123
Voluntary Certification	p. 123
International Trade	p. 127
Domestic Trade	p. 131
Financial and Enforcement Measures	p. 135
Financing and Taxation	p. 137
Prices/Stumpage	p. 137
Reforestation Fees	p. 139
Forest Funds	p. 140
Offenses and Penalties	p. 143
Powers of Forest Officers	p. 144
Offenses and Penalties	p. 147
Administrative Sanctions and Compounding	p. 149
Evidence	p. 150
Training	p. 153
Conclusion	p. 155
Appendices	p. 157
The World Bank Forests Policy	p. 159
A Summary of the Forest Policies of the African and Asian Development Banks	p. 165
Concessions	p. 169
Forest Taxation System	p. 173
Forest Comanagement	p. 177
Forest Code of Practice	p. 181
Forest Function Zoning	p. 184
Report of the United Nations Conference on Environment and Development	p. 186
The Forest Law Enforcement and Governance Ministerial Process	p. 193
Selected Bibliography	p. 197
Index	p. 203
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