Building Capacity on Protected Areas Law & Governance Exercise 1 Understanding Basic Legal Concepts Picture: Monteverde cloud forest reserve in Costa Rica Copyright: IUCN Photo Library / © Gillian Eborn Introduction to the Course, Law & PAs

Background Purpose Structure Promote an understanding of basic legal concepts amongst Learners from non-law backgrounds Provide an opportunity for you to reflect on the above concepts through a case study Structure Introduction to Exercise (10 minutes) Small Group Work (50 minutes) Joint Class Discussion (20 minutes) Consolidation (10 minutes) NOTES FOR EDUCATOR Briefly explain the Purpose of the Exercise. Briefly explain the Structure of the Exercise.

The Case Study: Lagoon Bay Area NOTES FOR EDUCATOR Briefly introduce the Case Study to the Learners as follows: The Case Study concerns an area situated in the country of Utopia in the region of Paradisia. The area is a coastal, lagoon area of exceptional natural beauty and it contains several threatened species. The Lagoon Bay area can be divided into four main areas: Western area - which comprises of a small settlement. In recent times the area has gained in popularity with holiday-makers and development pressure is increasing. Central area - which comprises of largely intact natural areas such as an internationally important wetland, dune systems and grasslands. Eastern area - which is inhabited by a local indigenous community known as the Utopians. They harvest marine resources from the lagoon and guard a culturally and significant area - the sacred rocks. Harvesting takes place in terms of strictly observed customary rules. The coastal waters - marine resources are harvested not only by the Utopians but also be recreational fishers and commercial enterprises. The surrounding area is characterised by agricultural activity which is also on the increase. There are several laws and several government institutions which play a role in regulating the area. Indicate to the Learners that they will be required to answer a series of questions about the Case Study in their group. Indicate that you will provide a brief overview of the most important aspects of the Seminar Presentation for purposes of the Exercise.

Sources of Law International Law Domestic soft law custom hard law Constitution national legislation regulations sub-national judicial precedent common law NOTES FOR EDUCATOR Remind Learners of the various Sources of Law and that these are also influenced by the type of legal system. customary law religious law

Branches of Law International Law Domestic Law Public Law Procedural Law Private Law Constitutional Law Civil Procedure Commercial Law Administrative Law Criminal Procedure Property Law Criminal Law Law of Evidence Law of Persons NOTES FOR EDUCATOR Remind Learners of the three Branches of Law and that each branch can be further divided into different disciplines. These disciplines are not static and develop and multiply as society becomes more complex. Law of Obligations Tort/Delict Contract

Structure of Government makes laws Legislature Separation of powers Government Executive Judiciary administers laws determines validity of laws & conduct NOTES FOR EDUCATOR Remind Learners that there are three Branches of Government and that each branch has a distinct function. resolves disputes

Distribution of Power/Authority Unitary State Federal State original power original power Central Government Central Government “national” “federal” original power Regional Governments Regions “provincial” “state” NOTES FOR EDUCATOR Remind Learners of the distinction between Federal and Unitary States. In a unitary state, Learners can expect to find one central law regulating PAs that applies throughout the country whereas in a federal state there may be laws at the federal and state level. original power Local Areas Local Areas

Components of a PA Law Name and number Title Preamble Substance Principles & objectives Institutions Subject specific provisions Compliance and enforcement Power to Make Regulations/Rules Commencement, transition & repeals Planning for Protected Areas Types of Protected Areas Establishment and Disestablishment Management of Protected Areas Conservation Agreements Regulated activities Financing NOTES FOR EDUCATOR Remind the Learners that laws have certain standard Components and that PA laws also have certain standard provisions.

The Questions What sources of law are relevant to the Lagoon Bay area and how are they of relevance? What function do these laws, and law in general, fulfil? Is international law relevant to the case? If so, how? Which branches of law and individual legal disciplines might be relevant to Lagoon Bay? What roles might the different branches of government play in protecting Lagoon Bay? Which institutions have a role to play in protecting Lagoon Bay? What kind of provisions would you expect to find in the Biodiversity Act of 2010? NOTES FOR EDUCATOR Briefly introduce the Exercise Questions.