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LEGAL AND POLICY TOOLS FOR GOVERNING BIODIVERSITY IN A CHANGING CLIMATE

LEGAL AND POLICY TOOLS FOR GOVERNING BIODIVERSITY IN A CHANGING CLIMATE. Carl Bruch Environmental Law Institute Jeju 7 September 2012. The Challenge. By 2050, climate change may drive 30% of all species to extinction

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LEGAL AND POLICY TOOLS FOR GOVERNING BIODIVERSITY IN A CHANGING CLIMATE

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  1. LEGAL AND POLICY TOOLS FOR GOVERNING BIODIVERSITY IN A CHANGING CLIMATE Carl Bruch Environmental Law Institute Jeju 7 September 2012

  2. The Challenge • By 2050, climate change may drive 30% of all species to extinction • These impacts on biodiversity also pose threats to human livelihoods, communities, and economic development • Biodiversity laws focus on preserving species, rather than managing ecosystems • Legal barriers to action (e.g., translocation)

  3. Developing Tools • 3-year ELI project supported by the MacArthur Foundation, with: • Bhutan (National Environment Commission) • Vietnam (Law and Policy of Sustainable Development) • Uganda (Greenwatch) • Madagascar (Development and Environmental Law Center) • Peru (Sociedad Peruana de Derecho Ambiental) • Dominican Republic (Instituto de Abogados para la Proteccion del Medio Ambiente)

  4. available atwww.eli.org/Program_Areas/climate_biodiversity_activities.cfm

  5. Structure Part 1: The key elements of adaptive, ecosystem-based management Part 2:Introduction of legal, regulatory, and planning tools for adapting to climate change Part 3:Applying these tools to four key areas: • Permitting, licensing, and concessions • Community-based natural resource management • Protected areas on public lands and waters • Private lands conservation

  6. Key Elements of Adaptive, Ecosystem-Based Management • Goals • Flexibility • Data • Learning • Cooperation • Accountability

  7. A Six-Step Process for Adaptive Management

  8. Public Participation in Adaptation and Adaptive Management • Includes all stakeholders, who may have different experiences, ideas, or lessons to share about climate change • Provides checks and balances to ensure adaptive management is implemented fairly • Integrates different types of knowledge (scientific, multi-disciplinary, local, indigenous) to adaptation • Creates a growing, informed base of local actors engaged in climate change management

  9. Legal and Regulatory Options for Adaptive Resource Management Six Functional Areas for Adaptive Legal Frameworks: • Vision and Planning • Information Management • Periodic Review • Coordination of Policies and Activities • Compliance and Enforcement • Enforceable Rights and Duties

  10. Implementing Adaptive Rules and Policies in Four Areas of Natural Resource Management • Permitting, licensing, and concessions for natural resource access and extraction • Community-based natural resource management • Protected areas on public lands and waters • Private lands conservation

  11. Permitting, Licensing, and Concessions for Natural Resource Access and Extraction A privilege or a right? Reopener clauses Flexibility Stakeholder participation Compliance with monitoring and reporting (auditing, incentives for reporting violations, bonding, etc.)

  12. For more information, seewww.eli.org/Program_Areas/climate_biodiversity_activities.cfm

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