Forest Law and Sustainable Development: Addressing Contemporary Challenges Through Legal Reform (Law, Justice, and Development Series R43)

228 Pages·2007·0.5 MB·English

by  Lawrence C. Christy

LAW, JUSTICE, AND
DEVELOPMENT SERIES
F O R E S T L AW
A N D S U S TA I N A B L E
D E V E L O P M E N T
Addressing Contemporary Challenges
Through Legal Reform
Lawrence C. Christy, Charles E. Di Leva,
Jonathan M. Lindsay, Patrice Talla Takoukam
Other Titles in the Law, Justice, and Development Series
Land Law Reform: Achieving Development Policy Objectives (2006)
by John W. Bruce, Renée Giovarelli, Leonard Rolfes, Jr., David Bledsoe,
and Robert Mitchell
Regulatory Frameworks for Water Resources Management:
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by Salman M. A. Salman and Daniel D. Bradlow
Legal Aspects of Financial Services Regulation and the Concept
of a Unified Regulator (2006)
by Kenneth Kaoma Mwenda
The Transit Regime for Landlocked States:
International Law and Development Perspectives (2006)
by Kishor Uprety
The Human Right to Water: Legal and Policy Dimensions (2004)
by Salman M. A. Salman and Siobhán McInerney-Lankford
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by Salman M. A. Salman and Kishor Uprety
Regulatory Frameworks for Dam Safety:
A Comparative Study (2002)
by Daniel D. Bradlow, Alessandro Palmieri, and Salman M. A. Salman
Available in French (2003). Also available in Chinese (2002) through the
World Bank Office in Beijing, and in Russian (2003) through VES MIR
Publishers, Moscow
The Legal and Regulatory Framework for Environmental Impact Assessments:
A Study of Selected Countries in Sub-Saharan Africa (2002)
by Mohammed A. Bekhechi and Jean-Roger Mercier
Legislating for Sustainable Fisheries: A Guide to Implementing the 1993 FAO
Compliance Agreement and 1995 UN Fish Stocks Agreement (2001)
by William Edeson, David Freestone, and Elly Gudmundsdottir
Also available in French (2004)
Forest Law and Sustainable Development
Addressing Contemporary Challenges Through
Legal Reform
Law, Justice, and Development
The Law, Justice, and Development series is offered by the Legal Vice Presidency
of the World Bank to provide insights into aspects of law and justice that are rel-
evant to the development process. Works in the series present new legal and
judicial reform activities related to the World Bank’s work, as well as analyses of
domestic and international law. The series is intended to be accessible to a broad
audience as well as to legal practitioners.
Series Editor: Salman M. A. Salman
Editorial Board: Hassane Cisse, Alberto Ninio, Sophie Smyth, and Kishor Uprety
Forest Law and Sustainable Development
Addressing Contemporary Challenges Through
Legal Reform
Lawrence C. Christy
Former Chief
Development Law Service
Food and Agriculture Organization of the United Nations (FAO)
Charles E. Di Leva
Chief Counsel
Legal Vice-Presidency
The World Bank
Jonathan M. Lindsay
Senior Counsel
Legal Vice-Presidency
The World Bank
Patrice Talla Takoukam
Counsel
Legal Vice-Presidency
The World Bank
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© 2007 The International Bank for Reconstruction and Development / The World Bank
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ISBN-10: 0-8213-7038-3 eISBN: 0-8213-7039-1
ISBN-13: 978-0-8213-7038-4 DOI: 10.1596/978-0-8213-7038-4
Library of Congress Cataloging-in-Publication Data
Forest law and sustainable development : addressing contemporary challenges
through legal reform / Lawrence C. Christy...[et al.].
p. cm.
Includes bibliographical references and index.
ISBN 978-0-8213-7038-4
ISBN 978-0-8213-7039-1
1. Forestry law and legislation. I. Christy, Lawrence C.
K3884.F67 2007
346.04'675—dc22
Cover design by Drew Fasick.
Contents
List of Boxes ix
Foreword xi
Abstract xiii
Acknowledgments xv
Acronyms and Abbreviations xvii
Chapter 1 Introduction and General Overview 1
PART ONE Forest Law in Context 5
Chapter 2 The Legal and Policy Basis for Forest Law 7
2.1 Land 8
2.2 Constitution 10
2.3 International Law and Policy 12
2.4 Criminal Law and Procedure 26
2.5 Environment 26
2.6 Wildlife 26
2.7 Public Administration 27
Chapter 3 Forest Tenure 29
3.1 The Importance and Complexity of Forest Tenure 29
3.2 Designation of State Forests 31
3.3 Redesignation of State Forests to Nonforest Status 33
3.4 Private Forest Tenure 36
3.5 Customary or Community-Based Tenure 36
PART TWO Forest Management 39
Chapter 4 Public Forestry 41
4.1 Classification 41
4.2 Management Planning 42
v
vi Contents
4.3 Concessions and Licensing 48
4.4 Nontimber Forest Products 60
Chapter 5 Private Forestry 63
5.1 Incentives 63
5.2 Forest Use Obligations 66
5.3 Controls and Obstacles 69
5.4 Plantations 70
PART THREE Institutional Arrangements 75
Chapter 6 Public Institutions 77
6.1 Roles of Minister and Forest Department 77
6.2 Coordinating Bodies 77
6.3 Structures for Public Participation 79
6.4 Forest Commissions and Outsourcing 80
6.5 State Forest Corporations 81
Chapter 7 Decentralization and Devolution 83
7.1 Similarities and Distinctions 83
7.2 Decentralization 84
7.3 Devolution to Community-Based Groups 87
Chapter 8 Good Governance 101
8.1 Transparency and Disclosure 101
8.2 Public Participation 104
8.3 Accountability 106
8.4 Combating Illegal Logging and Corruption 110
PART FOUR Environmental and Trade Issues 115
Chapter 9 Forest Law and the Environment 117
9.1 Biological Diversity 119
9.2 Climate Change 120
9.3 Compensation for Environmental Goods 122
Chapter 10 Forest Law and Trade 123
10.1 Voluntary Certification 123
10.2 International Trade 127
10.3 Domestic Trade 131
Contents vii
PART FIVE Financial and Enforcement Measures 135
Chapter 11 Financing and Taxation 137
11.1 Prices/Stumpage 137
11.2 Reforestation Fees 139
11.3 Forest Funds 140
Chapter 12 Offenses and Penalties 143
12.1 Powers ofForest Officers 144
12.2 Offenses and Penalties 147
12.3 Administrative Sanctions and Compounding 149
12.4 Evidence 150
12.5 Training 153
Chapter 13 Conclusion 155
APPENDICES 157
Appendix 1: The World Bank Forests Policy 159
Appendix 2: A Summary of the Forest Policies of the African and Asian
Development Banks 165
Appendix 3: Concessions 169
Appendix 4: Forest Taxation System 173
Appendix 5: Forest Comanagement 177
Appendix 6: Forest Code of Practice 181
Appendix 7: Forest Function Zoning 184
Appendix 8: Report of the United Nations Conference on Environment
and Development 186
Appendix 9: The Forest Law Enforcement and Governance Ministerial Process 193
Selected Bibliography 197
Index 203