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The following overview considers legal instruments which are multilateral and refer, with one exception, to all types of forests. Some international instruments were adopted prior to the Rio Conference in Figure 6. A common feature is that they focus on particular issues and problems and that most of them originated within specialised agencies of the UN.
CITES is intended to control or limit international trade on endangered species of wild fauna and flora. With very cumbersome and sophisticated procedures, endangered species of trees may fall under the regulations of this convention.
Two problems with CITES are it addresses only those species that are endangered, and even then its approach is not comprehensive since it only refers to import and export of such species. The Ramsar Convention imposes on contracting parties the obligation to formulate and implement their planning so as to promote the conservation and wise use of wetlands within their boundaries. The biological relation between wetlands and forestry ecosystems is well known.
And it is possible to think that by protecting wetlands, some forestry ecosystems will also be protected. But for practical purposes, this link is only implicit, and there is nothing in this legal instrument that addresses forestry issues directly. For processes and issues of the international policy network related to forests and forestry see for instance: Maini and Schmithüsen , Tarakovski , Humphreys , Glück et.
Documentation on the work of the Intergovernmental Forum on Forests is available on http: This instrument has a mechanism that enables the establishment of "recognised sites", which may receive support under the convention. As in the previous case, it is possible to think that by protecting sites of universal value, the international community may have the chance to protect some forest sites, but there is nothing in this legal instrument that addresses forestry issues in particular.
The ILO Convention establishes the obligation for state organisations to develop jointly with interested peoples, a co- ordinated and systematic action to protect the rights of indigenous peoples, and to ensure their integrity. The ILO Convention contains provisions for the protection of land-use rights of indigenous peoples as well as their traditional knowledge base. Such protection is an important action and an indispensable prerequisite for sustainable uses of forests owned by indigenous communities.
The UNCED Conference dealt with the environment and development from a global perspective and includes forests and forestry Figure 7. In addition the conference adopted two instruments specifically related to forests that are comprehensive by intention but not legally binding.
There is at present a gap between the non-binding legal instruments on forest protection and management and the formal obligations from conventions with broader objectives. This situation makes it difficult to translate global objectives into consistent national policies on forests and to develop international collaborative efforts in the forestry sector.
The Convention on Biological Diversity establishes as objectives: Among the obligations of the Convention we can find many provisions, that are of relevance to forests: The fulfilment of these obligations is in many respects relevant to forests and forestry.
The Convention does not address forestry-related issues in terms required by Chapter 11 and The Forest Principles. It does not take into account the multiple roles and values of forests, and in particular their productive development potential as renewable resources.
The objective of the Framework Convention on Climate Change is "the stabilisation of greenhouse gas concentrations in the atmosphere at a level that would prevent dangerous anthropogenic interference with the climate system".
The Convention recognises the ecological role of forests as carbon sinks. In implementing greenhouse gas reductions, countries are encouraged to improve the conditions, either by increasing the amount of land under forest cover, or at least by conserving existing forest areas.
The Convention to Combat Desertification puts emphasis on land uses, with special provisions for the problems of African countries. It refers in particular to the protection of traditional knowledge, and to trade practices that may cause desertification. As in the case of other conventions, forests are implicitly addressed by several provisions of the Convention, but there is no systematic consideration of them.
They emphasise the need to undertake research and development in order to understand the processes that lead to the achievement of their various objectives. At several occasions they recognise the interaction between trade activities and their objectives. During the preparatory phase and, even more, during the deliberations of the Rio Conference, it became evident that the problems related to the promotion of sustainable forest management and to stopping of the degradation of forests involve complex subjects and divergent interests.
The causes of deforestation are many, and they occur at very different levels. They extend from small fractions of land, at individual localities, to macro-economic levels, where certain patterns of consumption and trade practices lead to increased deforestation. Also, the consequences are many, and occur at different levels. Some phenomena are both the causes and consequences of land degradation.
Chapter 11 of Agenda 21, and The Forest Principles a set of non-legally binding statement of principles for a global consensus on management, conservation and sustainable development of all types of forests recognise the environmental, social and economic importance of forests and forestry, and recommend dealing with them in a comprehensive manner. Both texts show, that the weight given by the international community to the forest has changed in qualitative and quantitative terms. They reflect the political will to approach issues in an integral manner which recognises the many uses, as well as the multiple values associated with forests.
The principal limitations of Chapter 11 and the Forest Principles are they lack mechanisms to address the problems. They mention frequently the need for additional financial resources and technologies to support countries in their efforts to implement the recommendations.
But there are no commitments to provide for financial transfers or to facilitate access to appropriate technologies. International co- ordination is advocated, but its implementation is left to the good will of governments and multilateral or bilateral agencies. There is a strong emphasis on exchange of information on global or regional forest developments, but again, adequate mechanisms, such as a conference of the parties, are missing.
International legal arrangements have to balance a wide range of divergent interests of governments and multilateral institutions. This is particularly true when dealing with forests and forestry, which involve environmental protection problems at a global scale, and at the same time, issues of economic and social development that are of considerable importance at national and local levels. The present state of affairs with regard to forest conservation and development indicates that the international community has not been in a position to provide consistent and operational arrangements to address global problems and to organise institutionalised co- operative efforts.
Much will depend on the decisions to be taken by the Intergovernmental Forum on Forests and on future actions of the Commission on Sustainable Development of the United Nations. They leave options with regard to implementation, instead of formulating precise and binding commitments. Apart from establishing legal certainty, international agreements have the role of providing working tools, that are flexible enough to accommodate competing interests, changing situations, and evolving scientific and technical knowledge.
Mechanisms facilitating a gradual adoption of responsibilities, can thus produce concrete and implementable results on the long run. Considering the diversity of forestry issues by ecological zones and different stages of economic development, a framework convention on forests is probably an appropriate alternative in order to achieve a more institutionalised level of international co-operation. It would allow for protocols with flexible regional arrangements, to be negotiated in accordance with the possibilities of the parties to accept commitments on sustainable forest practices.
The development of international law on environment and natural resources utilisation is characterised by the establishment of enabling mechanisms. They support countries with a lower level of advancement in certain policy areas in order to agree step-by-step to the adoption of new instruments and to facilitate compliance with legally binding commitments. Such has been the case, for instance, with the Montreal Protocol, where a special fund was set up to finance projects addressing the reduction or phasing out of ozone depleting substances.
Another mechanism to allow for gradually increasing commitments is the use of subsidiary instruments such as the Kyoto Protocol implementing the Climate Change Convention. This kind of approach appears to be highly relevant for strengthening international co-operation in forestry matters. The commitments of international forest-related instru- ments have to be seen within the context of multilevel policy networks Figure 8.
They are initiated by national governments, which negotiate the framework of co- operation. At the same time, national governments are the principal addressee and agents for implementation. An increasing range of continental and regional processes involving multilateral and supranational entities form at present the international system. In part, they develop their own political and institutional dynamic; in part, they emanate from the work of UN agencies. International and supra-national agreements and instruments reflect primarily global or continental concerns.
They have, however, immediate consequences for the development of rural areas, from which the problems originate and where the solutions and developments chances are to be looked for. He argues that policy-making in complex multi-level governance related to the formulation and implementation of forest policy programmes offers new opportunities to develop more consistent solutions that satisfy different social groups and policy actors.
Obser analyses the interdependence of international, national and local initiatives of sustainable forest management focussing on criteria and indicators and related certification schemes in forestry. The prominent issues at stake vary at different levels of the policy network Figure 9. At the global level free trade, environmental protection and biodiversity are dominant subjects.
Forest-related aspects are increased industrial uses through access to new areas, reduction of large-scale deforestation, and maintenance of a minimum proportion of natural forests. At the supra-national level12 major issues are structural changes in agriculture, and the protection of environment and of water resources.
Afforestation of marginal lands and criteria and indicators for sustainable forest development are of importance. At the national level, emphasis is on forestry and wood processing as productive sectors of the economy, and on the regulation of forest management practices.
At local levels multiple forest uses providing employment, protection and recreation are of immediate concern. The paper does not deal with supra-national aspects that are of importance to the countries of the European Region. This refers in particular to the Pan-European Process of the Ministerial Conference on Forests, to the increasing number of cross-sectoral and sectoral policies and regulations of the European Union having an impact on forests and forestry, and to the Alpine Convention and its Protocol on Mountain Forests.
These issues need a detailed analysis to be undertaken at another occasion. National regulations induced by international agreements, as well as directly applicable provisions, for instance in the case of international and multilateral projects, affect primarily individual and family land management decisions. It is largely at this level, that the policy objectives have to be put into workable, socially acceptable and economical feasible programmes.
The conservation and development of rural space, and the increase of its production potential is the pivot and the ultimate objective of the political networks addressing sustainable uses of lands and natural resources. The envisaged solutions are in many cases of a cross sectoral and multisectoral nature. Issues, which are on the forefront of global or supra-national concerns, are superposing a national and local demand.
The combined effects have to be assessed in relation to specific needs and potentials. The impacts on individual and family land management decisions are, in fact, incremental.
For the forest owners the situation changes in as much as additional demands of user groups and public opinion arise and are gradually incorporated in laws and regulations. The public has contrasting views on forests as a means of production and as a particularly valued element of the physical and spiritual environment.
A large proportion of the population considers forests as a space for leisure and outdoor activities. For many persons forests are important as a place of recollection, of contemplative reflection and of personal freedom. An increasing number of nature and environmental organisations articulate and promote the expectations and interests of the public. Such developments need to be qualified in accordance with the constitutional rights of ownership. It is primarily the responsibility of the landowners to define the objectives of forest uses and to choose the management options which fits them best.
It is up to them to decide to what extent they are able and willing to provide goods and services for which markets do not, or do not yet exist. In particular, private forest owners are barely in a position to carry the incremental costs of external benefits without compensations.
Legislation has to balance the rights and obligations of landowners against those of individuals, user groups and the community. Shift from Regulation to Joint Management Responsibilities: Sustainable uses of forests mean that the rate of resource consumption and the environmental impacts which follow from it are a constitutive part of management decisions.
The use of forests is not a mobilisation of production inputs and consumption values without costs. Sustainable forestry requires re-investment or new investments to maintain and increase productivity and an adjustment of use intensities to the available potential. It needs a legitimate basis for arbitration between many economic and social interests. To enable public and private actors to accomplish these tasks has been the challenge to forest law in the past.
It will remain the challenge of the future. This implies a shift from state control of forestry practices to legislation which favours new forms of joint management involving forest owners, non-governmental organisations and public authorities. Legislation sets a frame for defining the requirements and performance standards of the parties concerned.
It supports efforts to develop cooperative forms of decision-making and contractual arrangements with third parties. Guidelines for best management practices, procedures for mediation and the exchange of information constitute a substantial part of this framework.
From the viewpoint of the authorities it puts emphasis on process-steering and more comprehensive implementation programmes. It supports negotiated activities on a contractual basis and reduces direct governmental intervention.
And it requires a more precise determination of targets and evaluation systems in order to asses the outcomes and impacts of public policies. New Strategies in Forest Resources Management: The expanding policy framework on forest resources management - both in its multisectoral dimensions as well as in its relevance to different political levels - requires new strategies of the landowners, a high amount of process-steering on the side of public agencies and concerted decision- making on the side of the principal users and environmental groups.
The following points are of particular relevance: Financial Arrangements for Multiple Forestry Outputs: Public policies and legal provisions that favour an adequate transfer of resources, are instrumental for generating a combination of private and public benefits and for developing the potential of the rural space.
They allow for more interactions between land owners, immediate beneficiaries and public entities in accordance with the principle of subsidiarity Schmithüsen Rural policies have to be concerned with multiple outputs and services from productive land management and natural resources conservation requiring different sources of financing Figure In addition to market proceeds, this may include contributions from user groups, as well as incentives and compensations from different levels of the political community.
Such an approach leads to a sharing of financial commitments, which is consistent with the economic realities of multiple-use forest land management. Schmithüsen and Schmidhauser , p. For a long time, perhaps for too long, policy research has focused largely on forest programmes defining uses and management practices. This understanding developed in Central and Western Europe, where forest laws have existed over long periods and - in comparison with other continents - have initiated a high level of sustainable forest practices.
Today preservation and uses of forests address a wider range of political concerns. The linkages between an increasing number of policy areas, the superposition of international and national political actors, and the increasing importance of sub-national and local entities are challenges to policy research on the role of forests in rural development. This refers, in particular, to implementation processes based on multiple transfers of financial resources, that are commensurate with different political goals for sustainable development.
It also refers to public decision making processes involving third parties concerned and benefiting from the implementation of such goals.
Policy and Legislative Networks: Research needs arise with respect to new methodological approaches in order to deal with positive and negative impacts between sectoral policies on different land uses, cross-sectoral policies of environ- mental and nature protection, and regional development programmes. It is necessary to examine their effects not only at national or local levels. They have to be analysed within increasingly complex political networks, in which international and supra- national legal instruments introduce or reinforce specific policy objectives.
Research designs are required, that show the consequences with regard to changes in national policies, to the influence on public opinion, as well as to their impact on immediate land management decisions. Since international and supranational agreements rely to a large extent on implementation by national and sub-national policies, the distribution of public competencies, financial and administrative arrangements, and decision making procedures need particular attention.
The role of land owners, local entities, non-governmental organisations, and public opinion are important research components. The same refers to shifts of responsibilities to the private sector, to bargaining processes and to contractual arrangements. This requires case studies on public process steering instruments, which support negotiation, mediation and contractual arrangements in order to manage more sustainably the natural resources of rural areas.
Such studies contribute to a better knowledge on the relationships between present and future resources potentials, as determined by benefits or outputs and investments or inputs within a common flow of financial transfers.
It makes the discussion on the improvement of policy programmes, both in an international as well as national perspective, more substantial. Otherwise the pressure for more regulations as induced by international agreements will remain a series of demands, which complicate land management and contribute little to an improvement of living conditions in rural areas.
Evaluation of Implementation and Results: Major issues are the relevance, the implementation possibilities and the effective contributions of their various segments to sustainable resources utilisation in a given area. Objectives, instruments and provisions for financial resources transfers are among the key issues. Studies on implementation and results require an examination of programme outputs from public entities and non-governmental organisations with delegated competencies, and of the outcomes determined largely by the reactions of owners and land managers.
The impacts have to be evaluated with regard to the improvement of living conditions, and to environmental and biodiversity conservation. In many European countries forest laws have been revised and amended in order to adjust to new social demands. Public policies addressing nature conservation, land use planning and renewable natural resources have produced legislation relevant to forests and forestry.
National laws are increasingly influenced by international conventions and other legal instruments. The evolving regulatory framework reflects the growing importance of forests in sustainable development.
It raises new issues with regard to the respective role of the public and private sectors, to the rights of land owners facing external demands, and to compensation arrangements between forest enterprises, user groups and public entities.
It also calls for more efficient decision-making processes on sustainable forest resources management balancing local, national and global requirements. Formulation and Implementation of National Forest programmes. I Theoretical Aspects, p. Datini, Firenze, Le Monnier. Centre Historique des Archives Nationales, Readings in Sustainable Forest Management. Report of a Seminar in Florence in May , p.
Forstrecht und Forstwesen im gesellschaftlichen Umbruch - Regelung von Eigentums- und Nutzungsrechten als Voraussetzung für die Entwicklung der österreichischen Forstwirtschaft in der Zeit von bis Öffentliche und private Interessen an der Waldbe- wirtschaftung im Zusammenhang mit der Entstehung des österreichischen Reichsforstgesetzes von II State of the Art in Europe, p.
International Initiatives since Rio. The Commonwealth Forestry Association. The World's Forests - Rio Plus 5: International Initiatives Towards Sustainable Management. An International Instrument on Forests. Arbeits- berichte Internationale Reihe, Nr. Montalembert de, M-R Unasylva 82 , Vol. A Discussion Paper on some of the main policy issues and options, as seen from an international perspective, that are having or may have an impact on the sector. Rojas Briales, Eduardo Lessons learned in Global Environmental Governance.
World Resources Institute, Washington D. Forest Policy Development in an International Perspective. Nederlands Bosbouw Tidjschriff 65 3 p. Communal Forest Tenure in Switzerland: Grundlagen und Materialien Nr. Geschichte und Möglichkeiten nachhaltiger Entwicklung.
Waldfacetten - Begegnungen mit dem Wald; S. Verbreiterung der Ertragsbasis als Voraussetzung für die Finanzierung einer multifunktionalen Leistungserstellung der Forstbetriebe öffentlicher Waldeigentümer in der Schweiz. The International Forests Regime: Legal and Policy Issues. World Wide Fund for Nature, 61 p. Country Bibliography Bartunek, J. Die Verstaatlichung der Bauernwälder in der Tschechoslowa- kischen Republik zwischen und Report to the Prime Minister, August , Paris.
Gregorowicz, Jan ; Partyka, Tadeusz The development of forest legislation in the Republic of Slovenia. Entwicklung der tschechoslowakischen Forstgesetzgebung. Origin and Development of the Flemish Forest Decree.
Anotazioni sullo stato della politica e della legilazione forestale italiana. Problems and the Way to Solve Them. Partyka, Tadeus; Rymarz, Eliza Rechtsgrundlagen des Naturschutzes in Polen.
Die polnische Forstgesetzgebung in den Jahren Petrov, Anatoly P, Replacement of the Monopoly System in Management and Production. Evolucion de la legislacion forestal en Espana: Rojas i Briales, Eduardo The example of Switzerland.
The Commonwealth Forestry Review: Report on Forestry Policy in Poland. Das neue schwedische Forstgesetz. Sweden's New Forest Policy. Forest Management of Public Lands in Finland. Waldgesetze der neuen Bundesländer. Legal aspects of forest production in Slovenia. LE MASTER 1 Analysis of Public Policies Constitutional states are those in which the powers and duties of government as well as the rights of the governed are codified usually in a single document which is the antecedent of all laws.
Many countries are of this kind, and so I would prefer to narrow the scope of this paper and confine it to democracies - governments of the people in which the majority rules - as well as countries with mixed capitalist, market economies. Competition among producers prevails, although it may be less than perfect, and without government interference. Prices are formed in the interaction of supply and demand, and they guide production and distribution of goods and services.
For example, government may own forest lands, sell timber from them, and allow recreational use by the public. Further, it may tax private sellers of timber and subsidize tree planting.
A public policy is a settled course of action with regard to an issue to be implemented by government. A public policy problem or issue normally precedes a public policy. In other words, a public policy is formed as a result of some precipitating cause, social in nature. A public policy instrument or tool provides the mechanism by which the policy is implemented.
Policy analysis has become a recognized field in government and academia in the United States. It is an applied discipline and can be defined as the systematic evaluation of: Policy analysis can be contrasted from scientific analysis. The latter is directed toward answering one or more scientific questions, is discipline-oriented, and tends to be long-term in nature. The former addresses a public policy issue, is multi-disciplinary in nature, and usually has a short-term investigative scope.
A seven-step process is often used in conducting policy analysis, specifically: Defining the problem; 2. Establishing evaluation criteria; 3. Identifying alternative policies; 4. Evaluating alternative policies; 5. Selecting the preferred policy; 6. Implementing the preferred policy; and 7.
Monitoring and evaluating policy implementation. As presented in contemporary economic texts, market failure occurs when public goods are involved, where externalities exist, in the event of natural monopolies, and under conditions of lack of knowledge by consumers Barron and Lynch ; Stiglitz ; Varian Public goods are goods that cannot be withheld from one individual without withholding them from everyone, like national defense, street lighting, and police protection.
Externalities are descriptive of situations in which certain goods or services are produced or consumed by individuals, and as a result of that action, others incur costs for which they are not reimbursed - like someone downstream from a business firm that dumps pollutants into a water course - or receive benefits for which they do not have to pay - like the neighbors adjacent to a homeowner who landscapes and maintains a beautiful home.
Natural monopoly occurs when the fixed costs of providing a good are very high relative to variable costs so average cost declines as demand increases. Lack of knowledge refers to situation in which information about a good or service is not available to consumers resulting in them buying either too much or too little. A rationale for public policy can also exist when public consensus exists about social goals such as income distribution, education, and aesthetics.
Goods and services that further such goals are often called merit goods. Public education is an example of a merit good, and it is provided in the U. Just as markets fail, so, too, can government fail. For example, significant problems with representative government exist that sometimes lead to government failure such as the disproportionate influence of organized or special interests, the conflict between regional interests and national interests, the short time horizons of elected officials caused by the election process, and the distortion that occurs in public policy debates when politicians posture to news media to gain public attention Weimer and Vining Bureaucratic problems associated with government also exist including: The point is neither the market system nor government intervention is the complete answer in effective allocation of resources or goods and services in a society.
What policy should be used and what policy tool should be used for its implementation. For example, Le Master and Rans building on earlier work by authors such as Seneca and Taussig , list six generic tools commonly used in the U. One of the six main categories of Merlo and Paveri, namely public ownership and management, and eight of the subcategories are the same as the six generic tools listed by Le Master and Rans.
But there is more comparability than these numbers indicate. Le Master and L. Le Master and Rans assumed a closed economy while Merlo and Paveri operated under the assumption of an open one, with three of the subcategories of forest policy tools they listed being international in scope. If the two sets of authors operated under a common assumption in terms of whether the economy was closed or open, more comparability would have occurred.
Just as a soccer player can do only a few basic actions when the ball comes to him or her - pass, dribble, or shoot for a score - so, too, is government limited in what it can do when intervening in markets, including the markets for forest goods and services. Set up email forwarding. Email Service Intermittently Unavailable fo Inoorero University, the enterprising university.
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