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FACULTY OF LAW, UNIVERSITY OF OSLO
REDD Design and Implementation: Legal
Challenges Dr. Christina VoigtUniversity of Oslo, Norway, Faculty of Law
REDD WORKSHOP, SOKOINE UNIVERSITY OF AGRICULTURE, MOROGORO, TANZANIASeptember 1st 2009
FACULTY OF LAW, UNIVERSITY OF OSLO
A. International Challenges
1. Defining a ’forest’– Tree height & crown
cover– Degradation– Carbon richness– Old-growth vs plantations
FACULTY OF LAW, UNIVERSITY OF OSLO
2. MRV/NAMAs
• Monitoring• Reporting• Verification• ….of what?
– Forest activities– or also: policies,
institutions, capacity building?
FACULTY OF LAW, UNIVERSITY OF OSLO
3. Indigenous Peoples
• Definition• Rights/Obligations• Access to information,
participation in decision making (Aarhus Convention)
• Uncertainty around mechanisms for IP inclusion
• Little benefit from CDM• Time pressure for
implementation risks excluding IPs
• Uncertainty around benefit sharing arrangements
FACULTY OF LAW, UNIVERSITY OF OSLO
4. Funding
Norwegian Proposal:
”Under the REDD-plus mechanism, developed country Parties commit to adequate, predictable and long-term sustainable funding of activities for reducing emissions by sources and increasing removals by sinks in the forestry sector and other selected land-use and land-use change sectors in developing countries.”
FACULTY OF LAW, UNIVERSITY OF OSLO
5. Eligibility for Participation
• Phased approach• Phase 1: all eligible that
– Are Party to the UNFCCC– And… in compliance
• Phase 2: – Forest governance– Multi-stakeholder consultations (incl. indigenous
peoples)– Safeguards (conversion, biological diversity)
FACULTY OF LAW, UNIVERSITY OF OSLO
5. Eligibility for Participation
• Phase 3: Compensation– In compliance with
phase 1 and 2 criteria– Previous funding spent
for agreed REDD purposes
– Inventory in place– GHG Reductions (MRV,
+ additional)
FACULTY OF LAW, UNIVERSITY OF OSLO
6. Institutional Framework
• Designated National Authority (DNA)– Which resort?– Existing CDM DNA?– Competences?– Review
FACULTY OF LAW, UNIVERSITY OF OSLO
7. Phase out/ Sunset Clause
• Commitment to quantifiable GHG emission reductions
• Disincentive?
FACULTY OF LAW, UNIVERSITY OF OSLO
B. National Challenges
1. Rights• Rights to the Forest
• Rights in the Forest (use): trees, land, water, minerals, carbon…
• Land Tenure
• Other rights (laws, decisions, contracts, custom, international law)… and whose?
FACULTY OF LAW, UNIVERSITY OF OSLO
2. Regulation or Expropriation?
• Access through regulation– Problem: mass-logging
• Expropriation– Indirect, direct
• Compensation
FACULTY OF LAW, UNIVERSITY OF OSLO
3. Property Law and Compensation
FACULTY OF LAW, UNIVERSITY OF OSLO
4. Bilateral Investment Treaties (BITs)
• BITs and State contracts
• Stabilization clauses– Negotiation– Interpretation– Arbitration
• CompensationLegitimate expectations?
FACULTY OF LAW, UNIVERSITY OF OSLO
5. Illegal Logging
• Which means to avoid?
• Forest Governance
• Transparency
• Accountability
• Import ban/WTO?
FACULTY OF LAW, UNIVERSITY OF OSLO
6. Legal Logging
National laws on: – Forestry, forest use,
agriculture– Balancing of
‘sustainable forest management’ versus conservation (REDD)
– Contradiction?
FACULTY OF LAW, UNIVERSITY OF OSLO
8. Forest fires
• Unintentional:– Insurance, Prevention
• Intentional:– Motivation,laws,
enforcement, governance, incrimination, fines, sanctions
• Forest owner’s obligations?
FACULTY OF LAW, UNIVERSITY OF OSLO
A lot of work ahead….
Thank you!
FACULTY OF LAW, UNIVERSITY OF OSLO
FACULTY OF LAW, UNIVERSITY OF OSLO
FACULTY OF LAW, UNIVERSITY OF OSLO
FACULTY OF LAW, UNIVERSITY OF OSLO
FACULTY OF LAW, UNIVERSITY OF OSLO
FACULTY OF LAW, UNIVERSITY OF OSLO
FACULTY OF LAW, UNIVERSITY OF OSLO
