1. 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

2. 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.

3. 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.

4. 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

5. 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

6. 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

7. 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

8. 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.

9. 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.