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)

The Case Study: Lagoon Bay Area

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?