faculty of law, university of oslo redd design and implementation: legal challenges dr. christina...

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

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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.”

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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)

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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)

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6. Institutional Framework

• Designated National Authority (DNA)– Which resort?– Existing CDM DNA?– Competences?– Review

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7. Phase out/ Sunset Clause

• Commitment to quantifiable GHG emission reductions

• Disincentive?

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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?

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2. Regulation or Expropriation?

• Access through regulation– Problem: mass-logging

• Expropriation– Indirect, direct

• Compensation

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3. Property Law and Compensation

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4. Bilateral Investment Treaties (BITs)

• BITs and State contracts

• Stabilization clauses– Negotiation– Interpretation– Arbitration

• CompensationLegitimate expectations?

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5. Illegal Logging

• Which means to avoid?

• Forest Governance

• Transparency

• Accountability

• Import ban/WTO?

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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?

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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