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Building Capacity on Protected Areas Law & Governance
Exercise 1
Understanding Basic LegalConcepts
Introduction to the Course, Law & PAs
Background Purpose
Promote an understanding of basic legal concepts amongst Learners from non-law backgrounds
Provide an opportunity for you to reflect on the above concepts through a case study
Structure Introduction to Exercise (10 minutes) Small Group Work (50 minutes) Joint Class Discussion (20 minutes) Consolidation (10 minutes)
hard law
Sources of Law
International Lawsoft law custom
Domestic
Constitution
legislation
common law
judicial precedent
customary law
regulationsnational
sub-national
religious law
Branches of Law
International Law
Domestic Law
Private LawPublic Law Procedural Law
Constitutional Law
Administrative Law
Criminal Law
Civil Procedure
Criminal Procedure
Law of Evidence
Commercial Law
Property Law
Law of Persons
Law of Obligations
Tort/Delict Contract
Government
Structure of Government
Legislature
Separation of
powers
Executive Judiciary
makes laws
determines validity of laws & conduct
administers laws
resolves disputes
Distribution of Power/Authority
Unitary State Federal State
Central Governmentoriginal power
“national” “federal”
Regional Governments
“provincial” “state”
original power
Central Governmentoriginal power
Regions
Local Areas Local Areasoriginal power
Components of a PA Law
Name and number Title Preamble Substance
Principles & objectives Institutions Subject specific provisions Compliance and enforcement Power to Make
Regulations/Rules Commencement, transition &
repeals
Planning for Protected Areas
Types of Protected Areas Establishment and
Disestablishment Management of Protected
Areas Conservation Agreements Regulated activities Financing
The Questions
What sources of law are relevant to the Lagoon Bay area and how are they of relevance?
What function do these laws, and law in general, fulfil?
Is international law relevant to the case? If so, how? Which branches of law and individual legal disciplines
might be relevant to Lagoon Bay? What roles might the different branches of
government play in protecting Lagoon Bay? Which institutions have a role to play in protecting
Lagoon Bay? What kind of provisions would you expect to find in
the Biodiversity Act of 2010?
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