Global Forest Governance
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Global Forest Governance

Legal Concepts and Policy Trends

Rowena Maguire

This book identifies the fundamental legal principles and the governance requirements of sustainable forest management. An analytical model for assessing forest regulation is created which identifies the doctrinal concepts that underpin forest regulation (justice, property, sovereignty and governance). It also highlights the dominant public international institutions involved in forest regulation (UNFF, UNFCCC and WB) which is followed by analysis of non-state international forest regulation (forest certification and ecosystem markets). The book concludes by making a number of practical recommendations for reform of global forest governance arrangements and suggested reforms for individual international forest institutions.
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Chapter 2: Considerations of justice in forest regulation

Rowena Maguire

Extract

Adequate legal frameworks are essential to ensure the implementation of sustainable forest management. Fisher states that rules of law reflect and implement the values and aspirations of the society, from which they emerge. Legal or paralegal rules are the tools used to implement rule of law values and aspirations.1 Legal rules are defined as enforceable rules of law, such as the imposition of an obligation, duty or standard to be complied with. Paralegal rules refer to principles, objects, strategies, policies, plans, guidelines and codes of practice. Society does not have one common view of how environmental resources should be used and managed so the law does not necessarily reflect all of society’s views on it. Law should, however, evolve in line with changes in the views and values of society, and should also seek to accommodate and reflect as many of the different values and interests associated with the environment as possible. For advances to be made in implementing sustainable forest management, appropriate legal rules, institutions and processes must exist. Law is a crucial component in such change because it is the law that governs most transactions between people.

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