Building Capacity on Protected Areas Law & Governance Exercise 1 Understanding Basic Legal Concepts Introduction to the Course, Law & PAs.

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Presentation transcript:

Building Capacity on Protected Areas Law & Governance Exercise 1 Understanding Basic Legal Concepts Introduction to the Course, Law & PAs

Background  Purpose  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)

The Case Study: Lagoon Bay Area

hard law Sources of Law International Law soft lawcustom Domestic Constitution legislation common law judicial precedent customary law regulations national sub-national religious law

Branches of Law International Law Domestic Law Private Law Public Law Procedural Law Constitutional Law Administrative Law Criminal Law Civil Procedure Criminal Procedure Law of Evidence Commercial Law Property Law Law of Persons Law of Obligations Tort/DelictContract

Government Structure of Government Legislature Separation of powers Executive Judiciary makes laws determines validity of laws & conduct administers laws resolves disputes

Distribution of Power/Authority Unitary State Federal State Central Government original power “ national ” “federal” Regional Governments “ provincial ” “ state ” original power Central Government original power Regions Local Areas original power

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

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?