Trends In Forestry Law In America And Asia

Recent years have witnessed a significant acceleration in the revision of forest laws around the world. This legislative study attempts to identify the main trends observable in forestry legislation on a regional basis. A second publication will include other papers covering Africa and Europe.

Overall, urban and peri-urban forestry and greening (UPFG) receives little interest on political agendas despite its importance to society in terms of the social, economic, aesthetic and environmental benefits. This is even more problematic in developing countries and countries with economies in transition. This publication explores the legal and institutional issues related to UPFG on a global level, using case studies to illustrate the varied nature of its application and concluding that further efforts are required to improve existing legal frameworks

This publication considers the importance of developing cross-sectoral links between sustainable forest management and other economic sectors, in order to help establish effective national policy frameworks and implementation. It includes a CD-ROM which contains country case studies on Brazil, Italy, Mali, Mexico, Romania, Tanzania and Thailand, as well as the proceedings of a FAO technical meeting held in Rome in September 2002.

This book analyzes the wide range of issues that should be taken into account in forest-related legislation. It stresses that forest law must be understood in the context of the broader legal framework governing land use and land tenure, as well as international obligations related to trade, environmental protection, and human rights. The book also pays significant attention to institutional arrangements and governance practices relevant to forests, including decentralization, transparency, and law enforcement. The authors draw extensively on experience from around the world to provide tools for dealing with various forest management challlenges. The authors are experts in the field of forest law. Lawrence C. Christy is a Former Chief, Development Law Service, Legal Office, Food and Agricultre Organization of the United Nations (FAO). Charles E. Di Leva is Chief Counsel, Environmentally and Socially Sustainable Development and International Law Unit (LEGEN), Legal Vice-Presidency, World Bank. Jonathan M. Lindsay is Senior Counsel with LEGEN, Legal Vice-Presidency, World Bank. Patrice Talla Takoukam is Counsel with LEGEN, Legal Vice-Presidency, World Bank.

Based on information gathered mainly through national surveys, the study provides an overview of the main legal instruments governing the management of animal genetic resources at the national level. Relevant international and regional regulatory frameworks are also examined. As the policy debate on the management of animal genetic resources evolves in various fora, and as FAO develops the Global Strategy for the Management of Farm Animal Genetic Resources, the discussion on legal issues will take centre stage. The study aims to contribute to such discussion through a general assessment of the status of national regulatory frameworks and general recommendations for national legislation development

Fisheries law enforcement, from investigation to judgement, continues to be an expensive and lengthy process in many jurisdictions. Many countries - particularly developing countries - experience such a significant backlog of pending trials for conventional criminal offences that dealing with fisheries offences is not a priority. This study suggests considering the use of administrative sanctions as a direct response to the problem and examines the administrative systems for dealing with fisheries offences in a diverse range of countries from different legal systems. It is intended to assist states in identifying the issues they need to take into account when considering the adoption of such a scheme. It is expected that the study will be especially valuable to developing states seeking to adopt a cost effective means of dealing with illegal, unreported and unregulated fishing, but which nonetheless wish to ensure that the basic individual rights of the accused are protected.

Groundwater represents about 97 per cent of the fresh water resources available on earth (excluding the water locked in the polar ice), and is of key social, economic, environmental and strategic importance. Aquifers (including numerous transboundary ones) are coming under growing pressure from over-abstraction and pollution, which seriously threaten their sustainability. This publication brings together a range of binding and non-binding international law instruments dealing with groundwater, an emerging body of rules that indicate a trend towards more comprehensive international regulation in this important field.

Women constitute a large portion of the economically active population engaged in agriculture. International instruments on human rights, the environment and sustainable development reaffirm the principle of non-discrimination on the basis of sex or gender. Yet women often face gendered obstacles in realizing their rights and feeding their families. The right to an adequate standard of living, including adequate food, may thus not be fulfilled. These obstacles may stem from directly or indirectly discriminatory norms or from entrenched socio-cultural practices, or both. This study analyses the gender dimension of agriculture-related legislation in a selection of different countries around the world, examining the legal status of women in three key areas: rights to land and other natural resources; rights of women agricultural workers; and rights concerning women's agricultural self-employment activities, ranging from women's status in rural cooperatives to their access to credit, training and extension services.