Building Capacity on Protected Areas Law & Governance Module 7 Exercise 2 Domestic Compliance with International Law Picture - Marsh in the Doñana National Park, Spain [IUCN Picture Library no. 488] International Law and Protected Areas

Background Purpose Structure To enhance understanding of selected international agreements. To promote awareness of the relationship between international law and domestic protected areas law. To develop critical legal analytical skills for evaluating the translation of international law into domestic legislation. To encourage understanding of implementation arrangements in creating an effective protected areas regime. Structure Introduction to Exercise (20 minutes) Small Group Work (60 minutes) Small Group Presentations (40 minutes) NOTES FOR EDUCATOR Briefly explain the Purpose of the Exercise. Briefly explain the Structure of the Exercise noting that Learners are divided into different groups with different perspectives on the issues presented in the Case Study.

apply the law to the facts The Case Study Water and Wetlands Domestic challenges to compliance apply the law to the facts NOTES FOR EDUCATOR Introduce the Case Study to the Learners as it appears in Annexure A. Indicate to the Learners that they have been given a copy of the relevant chapter of the National Parks Act (dealing with compliance and enforcement). Indicate to Learners that in this Exercise they will need to apply the law to the relevant provisions of the National Parks Act to the facts of the Case Study.

The Task for Each Group Identify international obligations respecting the protection of wetlands, watercourses, and habitat relevant to your priority issue(s) Determine whether proposed developments or activities will put the country out of compliance with the identified obligations Identify specific objections and concerns or interpretative challenges, including issues associated with: the scope and definition of wetlands; the importance, contribution or value of wetlands; reasonable use of watercourses and so on … NOTES FOR EDUCATOR Indicate to Learners that in their groups they must specifically: Review the Case Study again. Read carefully through the extracts from the relevant conventions. Undertake the following tasks: identify relevant obligations contained in the Conventions; explore alternative approaches to interpreting the contested principles or terminology; consider potential compliance mechanisms contained in the Conventions or within a domestic legal regime Additional notes to the Educator in the instructions suggest a series of questions that may be helpful in guiding or enriching small group discussion and analysis

Last Few Things Importance of understanding legal terminology Significance of contested interpretation Procedures for resolving disputes Nature of compliance obligations Significance of non-compliance Domestic and international compliance mechanisms NOTES FOR EDUCATOR Emphasise that the case study including its range of domestic challenges has been developed to highlight a number of key consideration from the relevant international law framework, notably the possibility of contested interpretation of legal terminology and thus, potentially in relation to compliance. In addition, the Exercise should be helpful in raising awareness of institutions and procedures – domestic and international – that may be available for the resolution of disputes.