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LEGAL AND POLICY TOOLS FOR GOVERNING BIODIVERSITY IN A CHANGING CLIMATE. Carl Bruch Environmental Law Institute Jeju 7 September 2012. The Challenge. By 2050, climate change may drive 30% of all species to extinction

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legal and policy tools for governing biodiversity in a changing climate

LEGAL AND POLICY TOOLS FOR GOVERNING BIODIVERSITY IN A CHANGING CLIMATE

Carl Bruch

Environmental Law Institute

Jeju

7 September 2012

the challenge
The Challenge
  • By 2050, climate change may drive 30% of all species to extinction
  • These impacts on biodiversity also pose threats to human livelihoods, communities, and economic development
  • Biodiversity laws focus on preserving species, rather than managing ecosystems
  • Legal barriers to action (e.g., translocation)
developing tools
Developing Tools
  • 3-year ELI project supported by the MacArthur Foundation, with:
    • Bhutan (National Environment Commission)
    • Vietnam (Law and Policy of Sustainable Development)
    • Uganda (Greenwatch)
    • Madagascar (Development and Environmental Law Center)
    • Peru (Sociedad Peruana de Derecho Ambiental)
    • Dominican Republic (Instituto de Abogados para la Proteccion del Medio Ambiente)
available at www eli org program areas climate biodiversity activities cfm
available atwww.eli.org/Program_Areas/climate_biodiversity_activities.cfm
structure
Structure

Part 1: The key elements of adaptive, ecosystem-based management

Part 2:Introduction of legal, regulatory, and planning tools for adapting to climate change

Part 3:Applying these tools to four key areas:

  • Permitting, licensing, and concessions
  • Community-based natural resource management
  • Protected areas on public lands and waters
  • Private lands conservation
key elements of adaptive ecosystem based management
Key Elements of Adaptive, Ecosystem-Based Management
  • Goals
  • Flexibility
  • Data
  • Learning
  • Cooperation
  • Accountability
public participation in adaptation and adaptive management
Public Participation in Adaptation and Adaptive Management
  • Includes all stakeholders, who may have different experiences, ideas, or lessons to share about climate change
  • Provides checks and balances to ensure adaptive management is implemented fairly
  • Integrates different types of knowledge (scientific, multi-disciplinary, local, indigenous) to adaptation
  • Creates a growing, informed base of local actors engaged in climate change management
legal and regulatory options for adaptive resource management
Legal and Regulatory Options for Adaptive Resource Management

Six Functional Areas for Adaptive Legal Frameworks:

  • Vision and Planning
  • Information Management
  • Periodic Review
  • Coordination of Policies and Activities
  • Compliance and Enforcement
  • Enforceable Rights and Duties
implementing adaptive rules and policies in four areas of natural resource management
Implementing Adaptive Rules and Policies in Four Areas of Natural Resource Management
  • Permitting, licensing, and concessions for natural resource access and extraction
  • Community-based natural resource management
  • Protected areas on public lands and waters
  • Private lands conservation
permitting licensing and concessions for natural resource access and extraction
Permitting, Licensing, and Concessions for Natural Resource Access and Extraction

A privilege or a right?

Reopener clauses

Flexibility

Stakeholder participation

Compliance with monitoring and reporting

(auditing, incentives for reporting

violations, bonding, etc.)

for more information see www eli org program areas climate biodiversity activities cfm
For more information, seewww.eli.org/Program_Areas/climate_biodiversity_activities.cfm