Building Capacity on Protected Areas Law & Governance

Building Capacity on Protected Areas Law & Governance
Module 1 Picture: Monteverde cloud forest reserve in Costa Rica Copyright: IUCN Photo Library / © Gillian Eborn NOTES FOR EDUCATOR Provide brief context to the Module. First Module in the IUCN Course on Building Capacity on PA Law and Governance. This Module serves to achieve three main purposes: It provides Learners with a broad introduction to, and overview of, the Course. It introduces Learners to basic legal concepts. It introduces Learners to basic PAs concepts. Given that the Learners may come from different backgrounds and disciplines, this Module seeks to bring all Learners up to a common level of understanding of basic legal concepts and basic PA management concepts. Introduction to Course, Law & PAs

PAs are a vital tool for conserving and maintaining the earth’s biological resources and ecosystems. No PA will be secure over time without a supportive legal and policy framework. While PA laws vary across the world, certain best practices and common elements are emerging. Legal literacy needs to be built around the formulation and implementation of these best practices and elements. NOTES FOR EDUCATOR Highlight the above four key issues which have informed the rationale, form, content and structure of the Course. Introduction to Course, Law & PAs

World Coverage of PAs (No.)
NOTES FOR EDUCATOR Start by briefly digressing into the statistics on the global coverage of PAs and the targets which have been set for expanding their coverage by parties to the CBD (most recently the Aichi Targets - specifically Target 11) to set the context for the Course. The graph on this slide reflects the growth in the number of nationally and internationally designated protected areas between Highlight the following: Source - World Database on Protected Areas. Reflects data available as at February 2012. Graph reflects numerical value of PAs (in the marine and terrestrial context) and not their geographical scope. Significant growth in number of both national and international PAs since 1970s as many countries have incorporated PAs into their conservation strategies and laws. There are now about 130,000 PAs, covering nearly 13% of the world’s terrestrial surface, and over 6% of territorial marine areas. Many of these PAs are embedded in comprehensive national and regional networks of connected PAs and corridors.

World Coverage of PAs (Extent)
NOTES FOR EDUCATOR The graph on this slide reflects the growth in the global geographical coverage of PAs between Highlight the following: Source - World Database on Protected Areas. Reflects data available as at February 2012. Graph reflects geographical coverage of PAs (in the marine and terrestrial context). Significant growth in number of both national and international PAs since 1970s similarly occasioned by many countries having incorporated PAs into their conservation strategies and laws. Indicate to the Learners that this is a good point to pause and reflect on the progress being made towards achieving the global targets on PAs coverage. Highlight that most recent statement of a global target of PA coverage is contained in the Aichi Targets (specifically Target 11) - which is addressed on next slide.

World Coverage of PAs (Targets)
Aichi Target 11 … by 2020, ensuring at least 17 per cent of terrestrial and inland water, and 10 per cent of coastal and marine areas, especially areas of particular importance for biodiversity and ecosystem services are conserved through effectively and equitably managed, ecologically representative and well-connected systems of protected areas and other effective area-based conservation measures, and integrated into the wider landscapes and seascapes. NOTES FOR EDUCATOR Introduce Learners briefly to the Aichi Targets. In 2010 the parties to the CBD COP 10 agreed to new and more challenging targets for PA coverage under the Aichi Targets - COP 10 (Nagoya, 2010) Decision X/2 (Strategic Plan for Biodiversity ). Most relevant of these targets for PAs is Target 11 (read it out0 which contains most contemporary target for global PA coverage. Highlight the targets to be achieved by 2020: Terrestrial and Inland Water Areas - 17%. Coastal and Marine Areas - 10 %. Emphasise that in 2012 the parties at CBD COP 11 reiterated the need to “undertake major efforts, to achieve Aichi Biodiversity Target 11” (Dec XI/24). Then move to consider the global progress towards attaining these targets to date (considered on the next slide). Terrestrial 10% Marine 17%

Progress in Achieving Targets?
12,7% + 6 million km2 4% + 8 million km2 NOTES FOR EDUCATOR The statistics in this slide are drawn from the following publication: Bastian Bertzky, Colleen Corrigan, James Kemsey, Siobhan Kenney, Corinna Ravilious, Charles Besançon and Neil Burgess (2012) Protected Planet Report 2012: Tracking progress towards global targets for protected areas. IUCN, Gland, Switzerland and UNEP-WCMC, Cambridge, UK. Highlight that despite the growing trend in coverage of PAs, and the progress made, scientists generally agree that existing areas are not sufficient to meet the growing biodiversity challenges we face today. Not all of the targets that were set under the auspices of the CBD have been achieved so far. As of 2010 progress in achieving the Aichi Biodiversity Target (Target No. 11) is as follows: Terrestrial and Inland Water Areas % are protected. Marine Areas under national jurisdiction - 4% of all marine areas under national jurisdiction (from the shore up to 200nm) are protected. This 4% translates into 1.6% of the entire ocean and 7% of coastal waters (0-12nm). To meet the Aichi Targets for: Terrestrial Areas - further 6 million square km of terrestrial areas will need to be recognized as PAs. This is an area roughly 10x the size of Madagascar. Marine and Coastal Areas - further 8 million square km should be conserved. This is an area roughly 14x the size of Madagascar. The world community therefore needs to step up conservation efforts. One way of achieving this is to increase coverage of PAs and to manage more effectively those areas that have already been set aside for conservation purposes. This Course aims to build expertise and capacity required to step up conservation efforts and promote the attainment of the above targets through effective PA law and policy. The turn to introduce the Course and the content of the first Module. 1,6% 7%

Overview of the Seminar
Course Introduction Basic Legal Concepts Picture: Monteverde cloud forest reserve in Costa Rica Copyright: IUCN Photo Library / © Gillian Eborn NOTES FOR EDUCATOR This Seminar Presentation is divided into three main parts: Part 1 - Provides an introduction to the origins, nature and purpose of the Course. Part 2 - Provides an introduction to basic legal concepts including the nature, function, branches, sources, types and content of law and its relationship to PAs. Part 3 - Provides an introduction to basic PA concepts such as the definition of PAs, value of PAs, PA management principles, PA governance types and principles and key PA institutions. Basic PA Concepts

Objectives Introduce the origins of the Course.
Clarify the nature, scope and purpose of the Course. Explain the teaching methodology. Provide a broad overview of the Course content. Picture: Bridge into Rainforest in Costa Rica, August , Britt Reins /Wikimedia Commons/ CC-BY-2.0 NOTES FOR EDUCATOR Highlight that the aim of this Module is for Learners to cross the bridge into the world of PA law and management! Then run through the specific Objectives of the Module as they appear on the slide - one at a time. Bring all participants to a common level of understanding on basic legal concepts. Bring all participants to a common level of understanding on basic protected area concepts.

Outcomes Understanding of the origins of and background to the Course.
Clarity on the nature, scope and purpose of the Course. Awareness of the adopted teaching methodology. A sense of the structure of the Course and content to be conveyed. Picture: Trees in Tortuguero National Park, Costa Rica Copyright: IUCN Photo Library / © Imène Meliane NOTES FOR EDUCATOR Highlight that having completed the Module Learners should hopefully find themselves immersed in the world of PA law and management! Then run through the specific Outcomes of the Module as they appear on the slide - one at a time. Knowledge of basic legal concepts. Knowledge of basic protected area concepts.

Course Introduction Basic Legal Concepts Picture: Monteverde cloud forest reserve in Costa Rica Copyright: IUCN Photo Library / © Gillian Eborn NOTES FOR EDUCATOR Return to the broad Seminar Overview and indicate that will now proceed with an Introduction to the Course (Part 1). Basic PA Concepts

Background to the Course
Developed under auspices of IUCN Environmental Law Centre (ELC) ‘Capacity Building for Protected Areas Law and Governance’ Project 1 of 6 teaching products Facilitate education and training on PA law Collaboration IUCN Environmental Law Centre Commission on Environmental Law World Commission on Protected Areas IUCN Academy of Environmental Law NOTES FOR EDUCATOR Provide some background to the Course. Course developed under the auspices of the IUCN ELC: Course is one of 6 teaching products developed under the IUCN ELC ‘Capacity Building for Protected Areas Law and Governance’ Project. The Course (and other teaching products) aims to facilitate education and training on PA law. Course is culmination of extensive collaboration - for more than 3 years - between the ELC and numerous experts from the CEL, WCPA and IUCNAEL.

Course Objectives Protected Areas Law Connnectivity Build Knowledge
Strengthen Understanding Enable Educators Construct Legal Literacy Increase PA Law Expertise Develop & Improve PA Law NOTES FOR EDUCATOR Convey to the Learners the following key objectives of the Course in the context of PAs, Connectivity Conservation and the Law: Build knowledge - Build knowledge of the content of the: Guidelines for Protected Area Legislation (the PA Law Guidelines) and associated case studies. Legal Aspects of Connectivity Conservation: A Concept Paper (the Connectivity Law Paper) and associated case studies. Strengthen understanding - Strengthen understanding of the key role of PA law in promoting effectively and equitably managed, ecologically representative and well-connected systems of PAs and other effective area-based conservation measures, integrated into the wider landscape and seascape. Enable and support educators - Enable and support trainers and teachers (educators) to prepare their own courses to teach PA-relevant law in their region. Construct legal literacy - Construct legal literacy amongst lawyers and PA practitioners tasked with developing, implementing or reviewing PA law. Increase PA law expertise - Increase endogenous expertise in PA-relevant law generally. Develop and improve legal frameworks - Develop and improve legal frameworks governing national PA systems and promoting connectivity. Advance biodiversity goals and commitments - Advance international, regional and domestic biodiversity goals and commitments through PA law. Advance Biodiversity Goals

Teaching Methodology Learner-Centred Knowledge Transfer
Shared Practice Skills Development Practical Participatory Facilitative Reflective NOTES FOR EDUCATOR Convey to the Learners that the following essential characteristics of the teaching pedagogy underlying the Course: Learner-Centered - Endorses an active Learner-centered paradigm. Knowledge Transfer - Promotes knowledge transfer from Educator to Learner, Learner to Educator and Learner to Learner. Shared Communities of Practice - Recognises the value and provide opportunities for shared communities of practice to consolidate and expand knowledge. Skills Development - Promotes the development of skills based upon this knowledge. Practical - Recognizes the need for this knowledge and skills to be both theoretical and practical in nature. Participatory - Provides democratic opportunities for interaction between the Educator and Learner, and between the Learners themselves in groups or individually. Facilitation - Creates an environment that facilitates learning and the generation of knowledge and skills. Reflective - Provides tangible opportunities for students to critically reflect on the knowledge and skills. Problem-Solving - Promotes the generation of both analytical and problem-solving skills. Empowering - Seeks to empower Learners to initiate positive change in their given context. Problem-Solving Empowering

Course Content … Intro to the Course & Setting the Scene
Module 1 Intro to the Course & Setting the Scene Module 2 Governance Principles and Approaches Module 3 Preliminary Considerations Module 4 Planning, Types & Declaration Management Module 5 NOTES FOR EDUCATOR In order to achieve the objectives of the Course, it has been designed so as to cover all aspects essential for effective PA law. These aspects are divided and covered in the 12 Modules: Module 1 - Introduction to the Course & Setting the Scene Introduces the form, nature and structure of the Course and sets the necessary PA context and legal context for lawyers and non-lawyers respectively. Module 2 - Governance Principle and Approaches Is about understanding governance (what is “governance”, “good governance”, “cooperative governance”), the different types of governance applicable to PAs (state, shared, private governance, governance by indigenous peoples and local communities) and legal tools for promoting voluntary forms of PA governance (agreements with government, easements/covenants/servitudes, and land trusts). Modules Generic Elements Focus on various generic elements of PA laws, namely: Module 3 - Preliminary Considerations - Considers definitions, scope of application of the law, principles and objectives and institutional arrangements. Module 4 - Planning, Types and Declaration - Is about planning for PAs, types of PA plans, the different categories of PAs, and provisions that govern establishment and disestablishment and procedures to alter the boundaries of PAs. Module 5 - Management - Concerns management, including the authorities that manage PAs, management tools such as management plans, approaches to management and zoning. Module 6 - Compliance, Enforcement, Regulation and Financing - Focuses on the regulation of activities that may pose a threat to PAs, compliance and enforcement and the generation of funds to finance PA management activities. Compliance, Enforcement, Regulation & Financing Module 6

Course Content International and Regional Law
Module 7 Connectivity Conservation - Introduction Module 8 Connectivity Conservation - Legal Issues & Tools Module 9 Marine PAs - Special Features & International Law Module 10 Marine PAs - Special Legal Considerations Module 11 NOTES FOR EDUCATOR Module 7 - International and Regional Law Provides an introduction to international/regional law and institutions that have an influence on domestic PA laws. Modules 8 and 9 - Connectivity Conservation Introduce in detail the concept of connectivity conservation and how this may be achieved in practice through legal tools. Modules 10 and 11 - Marine Protected Areas Focus on MPAs as a special case of PAs. Including separate Modules on MPAs was deemed important both for the PA Law Guidelines and the Course because the special features of the marine environment pose challenges both from an establishment and management perspective for PA frameworks. Establishment of PAs in the marine and coastal environment also significantly lags behind the terrestrial statistics, suggesting that MPAs require increased focus and effort within legal frameworks. Module 12 - Transboundary Protected Areas Focuses on transboundary PAs - another special type of PA that also presents unique challenges. TBPAs are PAs that are established across two or more borders. This creates a number of unique challenges both in terms of establishment and management. Module 12 Transboundary PAs - Special Legal Considerations

Structure & Duration 12 Modules Module Structure Nature of Exercises
Core Modules Additional Modules Module Structure 2-hour Seminar Presentation 2-hour Exercise Session Nature of Exercises Group & individual Mixed nature Knowledge transfer Skills Development Legal drafting Role plays NOTES FOR EDUCATOR The Course is structured into 12 Modules: 6 Core Modules (Modules 1-6) 6 Additional Modules Connectivity Conservation and the Law (Modules 7-8) Marine Protected Areas (Modules 9-10) International and Regional Law; and Transboundary Protected Areas (Modules 11-12) Module Structure Each Modules comprises of the following components: Seminar Presentation - which focuses on knowledge transfer. Exercise Session - which focuses on skills development (enabling the Learner to practically apply the knowledge covered in the Seminar Presentation). Nature of Exercises The exercises are either group or individual exercises. Examples of the kinds of exercises that the Learners will encounter are as follows: Legal drafting exercises - in which the Learners are asked to prepare sections of PA laws based on the relevant Module’s content. Discussion Forums - in which Learners are asked to consider a set of facts and to consider certain concepts and/or legal issues in light of the relevant Module. This reflection is then followed up by a group discussion. Role play - in which Learners are presented with a case study and are then required to take on a particular role (such as the role of a community or the state) and to play out this role in a mock negotiation facilitated by the Educator. Case studies - these are often linked with the discussion forums. Discussion forums Case studies

Core Texts 15 Case Studies 5 Case Studies NOTES FOR EDUCATOR
Indicate to the Learners that the content of the Course is based on two primary documents, namely: Guidelines for Protected Area Legislation (the PA Law Guidelines). Legal Aspects of Connectivity Conservation: A Concept Paper (the Connectivity Law Paper). PA Law Guidelines - highlight the following: The current PA Law Guidelines are the 2nd iteration of the Guidelines. The first PA Law Guidelines were prepared in 1980 by Barbara Lausche under auspices of the ELC. Due to the growth and evolution of PA law, the ELC commissioned Barbara Lausche to revise and update the PA Law Guidelines (1980) with the aim of producing a contemporary document that assists all those working on/with PA law to ensure that all aspects of PAs, including new and emerging issues, are adequately addressed in legal frameworks. The revised and updated PA Law Guidelines were published in 2011. The PA Law Guidelines are accompanied by fifteen detailed case studies. Eight of the case studies analyse selected national legal frameworks on PAs. Seven of the case studies analyse the legal regime of specific sites, each representative of a PA type (such as terrestrial, marine, transboundary PAs). Connectivity Law Paper - highlight the following: “Connectivity Conservation” Is an emerging issue and concept in the field of biodiversity conservation. It is the idea of promoting ecological connectivity within and between PAs as well as with the broader living landscape through biodiversity corridors. This connectivity is increasingly being recognised as crucial for biodiversity conservation as it allows for the formation of networks of PAs. Such networks in turn are more resilient to diverse changes and threats. The ELC initiated a project in 2011 to explore the role of law in promoting connectivity conservation. The Concept Paper was drafted between 2011 and 2013 in close collaboration with the IUCNAEL, WCEL, WCPA and the Global Protected Areas Programme. The Connectivity Law Paper, published in 2013, is the first publication to lay out the legal tools/instruments to achieve connectivity conservation. The Connectivity Law Paper is accompanied by 5 detailed case studies reviewing legal frameworks providing for connectivity conservation in different national and regional settings Instruct the Learners that Modules 11 & 12 of the Course focus specifically on connectivity conservation. 15 Case Studies 5 Case Studies

Other Key Resources NOTES FOR EDUCATOR
Indicate to Learners that the following are two additional key resources which they may wish to consult regularly through the duration of the Course: Dudley N (ed) (2008). Guidelines for Applying Protected Area Management Categories, IUCN, Gland, WITH Stolton S, Shadie P & Dudley N (2013). IUCN WCPA Best Practice Guidance on Recognising Protected Areas and Assigning Management Categories and Governance Types, IUCN Best Practice Protected Area Guidelines Series No. 21, Gland, Switzerland. Borrini-Feyerabend G, Dudley N, Jaeger T, Lassen B, Broome N, Phillips A & Sandwith T (2013). Governance of Protected Areas: From Understanding to Action, IUCN, Gland.

Course Introduction Basic Legal Concepts Picture: Monteverde cloud forest reserve in Costa Rica Copyright: IUCN Photo Library / © Gillian Eborn NOTES FOR EDUCATOR Return to the broad Seminar Overview and indicate that will now proceed with an Introduction to Basic Legal Concepts (Part 2).

Overview of Legal Concepts
What is Law Functions of Law Legal Systems of the World Branches of Law Sources of Law Picture: Monteverde cloud forest reserve in Costa Rica Copyright: IUCN Photo Library / © Gillian Eborn NOTES FOR EDUCATOR Indicate that this part of the Seminar Presentation will cover the following aspects. Then introduce each aspect very briefly. Types of Law Components of a Law Structure of Government

What is Law “Law”? rules A body of rules governing human conduct,
recognised as binding by people and enforced by public authorities (the state) state things rules people NOTES FOR EDUCATOR Start by asking the Learners “what is law”? Having elicited responses from the Learners proceed to provide them with an explanation: Law is a body of rules that govern human behaviour/conduct. The rules are recognised as binding and are enforced by the state. The rules regulate interactions between people, between people and things and between the state and people. It is essentially a device to control and regulate social, economic and political behaviour. Law lies at the heart of any society. It imposes rights and duties on people and establishes the framework within which society can function. PA law forms a component of broader law. rights duties

Function of Law “Function”? order & security certainty predictability
NOTES FOR EDUCATOR Ask the Learners what they think the “function of law” is? Having elicited responses from the Learners proceed to explain the most important functions of the law as follows: Order & Security The overarching role of the law is to ensure that people know what is permissible and what is not and what is required of them in their social, economic and political dealings. It therefore creates order - living in a community without rules is inconceivable. This refers back to the idea of a social contract - so as to safeguard our well-being we give up some of our freedoms. Without law, there would be constant conflict, uncertainty, inequality and self-help. Certainty Law also creates certainty - we know what is required of us (duties) and we know what is ours to claim (rights). Predictability The law also ensures that there is predictability of outcome to transactions and conflicts when they do occur. Justice The law also seeks to ensure that justice is done. Pursuit of justice lies at the heart of the law. But what exactly this entails is subject to debate. Often the starting point for discussions about justice is Aristotle in whose view justice meant that equals should be treated equally and unequals, unequal to the extent of their inequality. He further accepted that there are two forms of equality: (1) corrective/commutative justice which refers to the justice of the courts – all men are to be treated equal before the law; and (2) distributive justice which is mainly the concern of the law-makers. Finally, emphasise that in addition to the functions discussed here - which are overarching in nature - the law also fulfills many additional, more specific roles (example - to facilitate certain social and economic arrangements such as marriage and sale - it also protects property and individual rights). justice

Legal Systems of the World…
Clearly defined geographical space NOTES FOR EDUCATOR Indicate to the Learners that there are various different legal systems in the world. Explain to the Learners that this world map provides an overview of the distribution of the various different legal systems: Blue - civil law. Red - common law. Brown - mixed. Yellow - Islamic. Encourage the Learners to locate their own country on this world map and to determine which system applies in their country. Indicate to Learners the reason why determining the applicable legal system is important is because these systems apply different approaches to the law: How the law is made? How the law is applied? How the law is implemented? Who implements the law? Where one finds the law? Then pose the question - what is the general nature/characteristics of these different legal systems? Finally, introduce the notion of legal pluralism: Given the diversity of people living in a particular country, there is sometimes more than one legal system operating in a country. Legal pluralism is the existence of multiple legal systems operating in one country. legal pluralism

Legal Systems of the World
Common Law Historically unwritten Doctrine of precedent pivotal Civil Law System of codified (i.e. written) law Doctrine of precedent no central role Mixed Legal Systems Religious Law Customary Law Sharia Cannon Hindu NOTES FOR EDUCATOR Proceed to briefly explain the nature of the different legal systems. Indicate that the primary distinction in the western legal tradition is between common law and civil law countries, the latter being largely continental European systems. Highlight however that the divide between these two legal systems is becoming less and less clear as these two legal systems adopt elements of the other over time and move towards mixed legal systems. Common Law The common law tradition derived from the 12th century English monarchy, where judge-made law (case law) was the primary source of law in the absence of statutory law. It is essentially an unwritten, non-textual system which draws heavily on court decisions. The common law may also be described as casuistic - its primary building block are cases rather than texts of law. The doctrine of precedent plays a central role in the common law tradition. The doctrine means that cases based on essentially similar facts should lead to the same decision and that judgments of higher courts are binding on lower courts. This does not mean however that common law countries have no written laws at all – as this will be explored further in the next slide dealing with the ‘sources of law’. Civil Law Civil law countries are characterised by extensive and comprehensive legal codes/statutes as the primary source of law. The focus of civil law systems is on the content of the legal codes/statutes. The doctrine of precedent does not play a central role. This does not mean, however, that the concept is entirely foreign to civil law systems (e.g. judgments of the German Bundesgerichtshof would be followed by lower courts). Mixed Legal Systems Present a hybrid of both the common law tradition and civil law. E.g. South Africa is based on Roman-Dutch law imported by the Dutch settlers, but has also been influenced by the English common law. SA’s legal system is characterised by numerous written laws but there remain issues which are not dealt with in such laws - requiring courts and legal practitioners to search for solutions within case law and common law principles. Religious Law Is a code of law that derives its authority from a divine source, such as the Koran (Sharia law), Bible (Cannon law), the Vedas (Hindu law). All legal systems, including common and civil law have religious roots as basic institutions, rules and values have their source in religious texts and rules. The rise of secularism in the western traditions has not completely extinguished the role of religious law but the two systems (i.e. the religious law and the state law) coexist but one of the primary characteristics of a secular state is the separation between state and church. It is however possible that state law and religious law are one and the same thing. In other words, the state has adopted religious rules as the system of state law. Customary Law Like common law is an unwritten set of rules and practices which are observed by a tribe/community/group of people. It continues to play an important role in countries where traditional communities continue to exist. In order for a rule to be elevated to the status of customary law, the practice should be more than mere habit. In other words, those that observe the rule should feel bound in some way to observe the practice. Customary legal systems often exist alongside formal state legal systems and many customary practices were historically ignored and/or suppressed. Customary law is however increasingly being recognised as important - also in the context of PA. Customary legal systems are usually much more confined systems of law that address issues such as property rights, family law matters but would not deal with complex modern-day commercial concepts.

Sources of Law International Law Domestic soft law custom hard law
Constitution national legislation regulations sub-national judicial precedent common law NOTES FOR EDUCATOR Indicate to the Learners that it is crucial to have an understanding of where law comes from because not all rules also have the force of law and may be enforced by the state if they are not observed. In order for a rule to be regarded as law, it should have an authoritative source. This is to ensure that the rules enjoy legitimacy. What kind of rules carry authoritative weight will depend on the particular legal system. When discussing the sources of law, the first important issue is to draw a distinction between: International Law The law that regulates relationships between countries. International law is comprised of hard law, soft law and customary international law. Domestic Law The law that apply within a specific country. The domestic sources of law depend primarily on the legal tradition applicable in the state. The list provided on the slide is a comprehensive list of the possible sources of law. Indicate that you will now examine each of the sources in more detail, starting with International Law. customary law religious law

International Law Rules that regulate relationship amongst states
Hard Law Soft Law Custom Treaties Declarations/ Action Plans Unwritten Binding Binding Persuasive Cannot use territory so as to cause harm to other states Convention on Biological Diversity Rio Declaration NOTES FOR EDUCATOR There are three primary sources of International Law which are of relevance to this Course: Hard law Soft Law. Custom The other sources which are of less relevance in the context of this Course are: General principles of law recognized by civilized nations (these are drawn from generally recognized domestic legal principles and then applied in the international realm). Jus cogens or peremptory norms of International Law (e.g. the prohibition on genocide). Judicial decisions and commentary as secondary sources. Hard Law Comprises predominantly of Treaties (International Agreements between States). Explain to the Learners that Treaties are also referred to as Conventions. These create binding obligations on states that are party to the agreement. Like an ordinary contract, treaties can however only bind those states that have agreed to be a party to it. Such agreement to be bound is signified through signature. Most agreements also require ratification in order for the state to become bound – the endorsement of the earlier signature by the state. Ordinarily treaties contain requirements as to how many states should ratify the treaty before it enters into force. Treaties can be global or regional or even bilateral - depending on the states that may become parties to the agreement. In the environmental sphere there are about 600 treaties that relate to environmental conservation (about 140 of these are global). An example of a global treaty which is of particular importance for PA is the Convention on Biological Diversity. The treaty identifies PA as a significant tool for meeting its objectives which are biodiversity conservation, sustainable use, and fair and equitable sharing of benefits derived from use of genetic resources. Plays an important role in international law although it is of less relevance to the environmental sphere as customary rules are often too imprecise for states to rely on them for enforcement purposes. Treaties require express consent in order to bind a state. The existence of a custom on the other hand is inferred from the conduct of states. There are two primary requirements for a practice to become custom: Settled practice (usus); and Acceptance of an obligation to be bound (opinion juris) Emphasise that both elements are notoriously difficult to establish. Once both elements established, the custom becomes binding on those states subject to it. Soft Law Sits somewhere between hard law and custom. Soft law comprises of imprecise standards established by declarations and action plans. These statements are intended to guide the action of states but are too imprecise to constitute law. A prominent example of soft law in the environmental sphere is the Rio Declaration (1992) which was adopted at the UN Conference on Environment and Development. The Declaration sets out a series of principles (27 in total) which are meant to guide states in achieving sustainable development and provide a basis for cooperation in this regard. The passage of time and adherence by states to such principles may over time create a binding rule of customary law. For example, some of the principles in the Rio Declaration now seem to be accepted as forming part of customary International Law. Highlight that another example of soft law in the context of PAs would be the IUCN WCC Resolutions and Recommendations (as do not emanate from a specific Treaty) - which are frequently converted to hard law when they are duplicated as Decisions emanating from the CBD COPs. International Law has a real, tangible effect on domestic law as international law may influence and shape domestic legal systems (e.g. an international treaty may create an obligation on states to protect biodiversity). This may then prompt the state to enact legislation for the establishment of PA. International law may need to be incorporated through some or other procedure in order to become applicable in domestic law (i.e. to bind inhabitants of that state). Whether or not this is required depends on the rules of the particular state. Some states have a monist system whereby international treaties automatically apply, whereas other states adopt a dualist approach whereby international law only becomes binding once the treaty has also been translated into a domestic law. Indicate to the Learners that International Law relating to PAs and conservation of biodiversity will be examined in more detail in Module 11 (International and Regional Law). IUCN WCC Resolutions & Recommendations

Constitution Supreme law Law and conduct inconsistent = invalid
Common Law and Civil Law Key elements/content Fundamental Rights Structure of Government Substantive Rights Branches NOTES FOR EDUCATOR Indicate that will now turn to look at sources of Domestic Law starting with the Constitution. Most states nowadays have a written Constitution (although there are exceptions to this rule such as the UK). Supreme Law A Constitution is the supreme law of the country. All law and conduct emanating from such laws which are inconsistent with the Constitution are invalid. Common Law & Civil Law Constitutions are found in both common law and civil law traditions. For example, Germany (civil law) has a Constitution; as does the United States of America (common law). Key Elements/Content A Constitution ordinarily comprises of two important elements: Fundamental Rights Constitutions may provide for different fundamental rights, traditionally also styled as civil liberties - guarantees which require the state to refrain from interfering with them. These fundamental rights can be substantive or procedural in nature. Substantive rights These rights can include the right to life, equality, free speech, personal liberty, assembly and association, clean and healthy environment, property, etc. Procedural rights These rights include access to information, administrative justice, access to courts, fair trial, etc. All of these rights play a crucial role in environmental protection and conservation, including the establishment and management of PAs. The environmental right is most directly relevant as it requires states to maintain the environment of sufficient quality so as to enable people to lead healthy lives. The right to equality is highly relevant to achieving environmental justice - equal access to natural resources and quality of life. It is also paramount in preventing discrimination of, for example traditional communities. The right to life is relevant because it cannot be enjoyed without an environment capable of supporting life - it thus forms a primary pillar for environmental rights. Finally, procedural rights relating to access to information and just government action (administrative action) are crucial for achieving good governance (i.e. ensuring that all those affected by PA establishment and management have access to relevant information and are consulted before decisions are taken). Structure of Government Indicate that the other major objective of a Constitution is to define the nature, role and extent of government (or put differently, it defines the composition and functions of government). Branches of Government This is achieved by setting out the functions of government and regulating the relationship between branches of government - which traditionally consist of the following: the Legislature the Executive and the Judiciary. Indicate to the Learners that you will explain the branches of government in more detail in a moment (see slide 35). Distribution of Sovereignty/Power The nature of the government structure/the distribution of sovereignty (i.e. power)) may be unitary, federal or confederal. Indicate that you will explain these concepts in more detail in a moment (see slide 36). Procedural Rights Distribution of Sovereignty

Other Domestic Sources of Law …
Legislation Act/Law/Statute/Legislation/Code Written rules enacted by a legislative/executive body Different levels Regulations Common Law Primary source in Common Law countries Historic source NOTES FOR EDUCATOR Legislation General Legislation is a source that is of particular relevance for this Course as issues relating to PAs are ordinarily addressed by way of legislation. Legislation is a relatively recent phenomenon and nowadays regulate virtually all aspects of human activity. Is a primary source of law. Different Names Legislation is called different names in different countries. Common alternate names for legislation include Acts, laws, statute, legislation, codes. Written Rules Generally enacted by a legislative body (i.e. a body with law-making authority) that seek to introduce new rules and/or amend existing rules. Can also be issued by an executive body (i.e. a body with administrative authority) that seek to regulate certain issues and in this sense they are referred to as decree law/executive orders. Different Levels Legislation may be enacted at different levels - in a federal state legislation may be enacted at the state level or at the federal level. Some countries also permit local authorities to make laws (known as municipal laws or by-laws). Regulations Legislation may also permit further making of rules by way of Regulations. Regulations are subsidiary legislation and depend for their validity on the primary legislation. Regulations are made by the executive branch of government that administers the primary legislation rather than by the state’s legislative authority. Common Law This source of law should not be confused with the descriptor of the common law as a legal tradition. In the sense used here, this source refers to a historical source of law - the legal norms and principles embedded within a historic/prior legal era which are still binding in a particular country. For example, SA law is based to a large extent on Roman-Dutch Law of the 17th century. Where a matter is not addressed in legislation or case law, one may need to refer back to the common law norms and principles embedded in the Roman-Dutch law of the 17th century to determine what the applicable rule is.

Other Domestic Sources of Law
Judicial Precedent The law developed in the courts through judicial decisions Indirect law-making Pivotal to the Common Law tradition Customary Law / Indigenous Law Synonymous but also distinct Customary law  based on custom  not necessarily indigenous Indigenous: laws of traditional communities Religious Law NOTES FOR EDUCATOR Judicial Precedent Refers to the law developed in the courts through judicial decisions. The reasoning applied by a court should be applied in later decisions where similar facts are involved. In other words, later decisions should follow the ratio decidendi of previous court decisions (unless the previous decisions can be shown to be wrong, or if the facts differ). It is indirect law-making as the courts (judiciary) do not have the power to make laws in the same way as the legislature but through interpreting laws and judicial precedent, the courts indirectly do make law as they provide guidance on how the law ought to be applied (i.e. interpreted). The rule is designed to ensure stability and predictability but has also been severely criticised. Judicial precedent is a primary source of law in common law jurisdictions although it does also play some role in civil law countries. Judicial precedent may be important for PA law, for example, court decisions may provide guidance on how provisions in a PA law should be interpreted. Customary Law and Indigenous Law These two terms are often used interchangeably but can also refer to separate sources of law. Customary law can refer broadly to customs that have developed and so have become rules of law. The legal system will prescribe the requirements that should be satisfied for a general custom to become law. Often may these include the following requirements: the practice has existed for a long time; the practice is clear and reasonable; and people consider themselves bound to follow the custom. It does not happen frequently that new customs are accepted as binding law. The term customary law can also refer more specifically to indigenous law, or the traditions and customs practiced by indigenous communities. This source of law is nowadays attributing greater attention than in the past. It is important for purposes of this Course as PAs often fall within areas where traditional people live (or used to live). Their customs and practices ought to be respected in designing PA law and management practices for particular sites. Religious Law Is a code of law that derives its authority from a divine source, such as the Koran (Sharia law), Bible (Cannon law), the Vedas (Hindu law). All legal systems, including common and civil law systems, have religious roots as basic institutions, rules and values have their source in religious texts and rules. The rise of secularism in the western traditions has not completely extinguished the role of religious law but the two systems (i.e. the religious law and the state law) coexist but one of the primary characteristics of a secular state is the separation between state and church. It is however possible that state law and religious law are one and the same thing. In other words, the state has adopted religious rules as the system of state 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 Begin by providing some background and context to what is meant by the concept of branches of law and why it is of value for the Learners to have an understanding of the branches: The reason for classifying the law into sub-categories or branches assists in developing a holistic and systematic picture of the thousands of rules that make up the Law. It is an aid to understanding the Law in a systematic and logical way. It should also be emphasized that the branches of law are proliferating and developing all the time and new areas of law/disciplines that did not exist previously are developing all the time - environmental law is an example of an area of law that did not exist is its present form even a few decades ago. Once this has been explained, continue by examining the various branches of law as follows: Domestic and International Law: Indicate that this distinction was addressed already when the sources of law were considered. Reiterate that International Law is important for two interrelated reasons: (1) it imposes obligations on a state; and (2) it provided impetus for the development of domestic law. At the National/Domestic level there are three primary Branches of law: Public Law Regulates the relationship between the state and citizens. Various disciplines which fall under Public Law are of importance to this Course: Constitutional Law - is concerned with the laws that govern the state and fundamental rights. Administrative Law - deals with government administration or, put differently, the exercise of public power by public officials. It is particularly important for this Course as this discipline is also concerned with the granting of licences and permits which are important in regulating activities within PAs. Criminal Law - deals with the principles and rules that govern the commission of crimes and liability for crimes. Criminal law too is of relevance to this Course. For example, certain activities within a PA may constitute a crime, such as poaching. Private Law Regulates the relationship between private persons or group of persons. Various disciplines fall under Private Law, not all of which are of direct relevance to this Course: Commercial Law - deals with corporations; how they are established; the rights and duties of shareholders and directors etc. Property Law - governs the relationship between people and things. The concept of ownership is central to social organization. The rules that govern ownership and the right to use/possess things, such as land are crucial also for this Course. For example, government may wish to establish a PA on certain property because it is of high biodiversity value - but this land may be owned by a private person rather than the state. In this case, the state may have to enter into a contract with the landowner/rights holder in terms of which the landowner/rights holder agrees to establish a PA over his/her land; or the state may choose to acquire this land. Property law will regulate how land may be acquired. Law of Persons - deals with a variety of issues, such as the capacity of persons to enter into contracts, the rules that regulate marriage and the rules of succession which determine who may inherit land (or other things). This discipline is of indirect relevance to this Course. Law of Obligations - concerned with the law of obligations which may arise in two ways: (1) through the commission of a civil wrong (delict/tort) which results in a claim for compensation from the person who suffered damage/loss; and (2) law of contract which governs the entering into of contracts. These disciplines are of indirect relevance to this Course. Procedural Law Regulates the legal processes - it is about the form, manner and steps that should be taken in prosecuting an offender (criminal procedure) or in resolving a dispute between individuals (civil procedure). Various disciplines which fall under Procedural Law are of relevance to this Course: Civil Procedure - governs the process of resolving disputes between private persons. This is concerned with the court processes that need to be followed, including such matters as the documents that need to be exchanged, the timeframes for responding to documents and how such disputes are heard by the courts. Criminal Procedure - governs the processes that the state should follow in prosecuting a person for an alleged crime. Law of Evidence - regulates how evidence is presented and what evidence should be presented in different suits. Law of Obligations Tort/Delict Contract

Types of Law Primary Legislation Subordinate/Subsidiary Legislation
Central / National / Federal State / Regional / Provincial Subordinate/Subsidiary Legislation Made by Executive Officials Power granted by primary legislation Detailed rules necessary to implement primary legislation Local Laws Usually limited matters Power to make may be original or derived from federal law NOTES FOR EDUCATOR Explain to the Learners that from the foregoing slides it is clear that legislation can potentially be made at various government levels, depending on the structure of government. In other words, there may be: National/central/federal legislation regulating a matter. Regional/state/provincial legislation regulating the same matter. Local-level rules (in the form of by-laws adopted by a local authority) regulating the same matter. Primary Legislation Laws made at the federal/national level as well as state/regional laws are regarded as primary legislation as the power to make such laws derives directly from the Constitution. Subordinate/Subsidiary Legislation In addition to primary legislation there is also subordinate/subsidiary legislation (also commonly known as regulations/rules). This is law made by an executive authority (as opposed to the legislature of a central or state government). The law is made under the powers which are granted to the executive authority in terms of a primary law. If these powers are exceeded, the rules or regulations are generally invalid. The purpose of regulations or rules is to provide detailed content - i.e. to make the rules which are necessary to implement and administer the requirements of that primary legislation. Often, a Legislature passes primary legislation that set out broad outlines and principles, and delegates authority to an executive official to issue delegated legislation which will then provide the details - both in terms of substance and procedure - that are necessary to achieve the objects of the primary legislation. Subordinate legislation is important for purposes of this Course as some of the details regarding PAs may be contained in Rules or Regulations. For example, regulations may contain the content requirements for PA management plans; or Regulations may be passed to regulate specific activities in a particular PA. Local Laws Local laws deserve a separate mention because they are distinct creatures. Local laws go by various names depending on the country one is dealing with. In the UK and Canada they are referred to as by-laws. In the USA they are referred to as codes or ordinances. The common characteristic of local laws is that they usually only apply to a limited number, of fairly restricted matters (for example, a local authority may be granted the power to address air pollution or to regulate waste water). It is unlikely that a local authority would be given a broad mandate such as ‘nature conservation’. Nevertheless, local laws may be important also from a PA perspective because the local laws may influence matters relevant to PA management. What differs from jurisdiction to jurisdiction is the source of the power of local authorities to make local laws. Such powers may either be original in the sense that they are derived from the Constitution or they may be derived from federal laws.

Components of a Law… “Components”? Name and number Preamble Substance
Principles & Objectives Institutions Subject Specific Legal Requirements Compliance and Enforcement Power to Make Regulations/Rules Commencement, Transition & Repeals NOTES FOR EDUCATOR Indicate to Learners that you will now be looking at the components of a law - law in the sense of a written Act, Statute, Legislation or Code. Begin by asking the Learners whether they have any ideas as to the components of a law, or put differently, what kind of provisions does one normally find in a law? Also indicate to the Learners that the components are not necessarily always present in all laws that they may encounter and different countries may have different approaches as to the order in which these components are presented. Once a response has been elicited, continue by explaining that this slide provides them with an overview of the ‘skeleton’ of a law. The information in this slide is therefore a generic and bare-bones approach to start familiarising the Learners with the different kinds of provisions in a law. Explain each of the generic components of a law as follows: Name and Number Each law has a name by which it is generally known as well as a number that identifies it. The numbering system depends on the convention followed in the relevant country. In some countries legislation is also accompanied by a long title which is descriptive of the subject-matter of the law. Preamble In some countries, laws also contain an introductory statement or about the purpose of the law and its background. Substance The above elements represent the ‘formalities’ of a law which are required to ensure that: It can be correctly identified. Its purpose is clearly prescribed. It is clear when that law came into effect. Its relationship to older laws on the same subject matter is clearly determined. Each law will also contain substantive provisions, some of which again are generic while others will depend specifically on the subject-matter that is being regulated. Principles and Objectives Laws usually contain a provision which sets out guiding principles that apply to its implementation. These usually guide any decisions that have to be taken in terms of the law and may also inform the manner in which provisions of the law are interpreted. An example, of a guiding principle which is normally reflected in biodiversity-related laws is the ‘precautionary principle’. The law may also set objectives, such as ‘the conservation of nature’ which provide additional guidance in implementing the law. Objectives relate to the main purpose of the law or the outcomes which it seeks to achieve. These are usually clearly formulated so as to guide implementation. Institutions Each law should be administered and implemented by a government agency. In addition, the law may establish other institutions which then derive their power from the law. Usually the law will designate the government agency that is mandated to implement the law. An example of this kind of institution is an advisory body or a body which is created to undertake research in the field of biodiversity conservation. Subject Specific Requirements Each law will then also have subject-matter specific provisions. There is an inconceivable number of provisions that could be made and an example of the subject specific issues potential contained in a PA law will be explored on slide (slide 34). Compliance and Enforcement Highlight the fact that compliance and enforcement provisions are of critical importance as such provisions provide the teeth to enforce compliance with the requirements of the particular law. Because compliance and enforcement is so important, in the following slide (slide 33), the different compliance and enforcement tools are briefly broken down into categories. By way of example, these may include such provisions as: Criminal offences Vesting of powers in conservation officials to, for example, search people or vehicles and to confiscate things Civil penalties. Power to Make Regulations/Rules Laws generally set out the kinds of issues which may be further regulated by way of regulations/rules. Commencement, Transition and Repeal Some laws include a statement as to the commencement of the law. It is also sometimes necessary to put in place specific provisions that deal with the transition from one legal framework to a new one. For example, in the PA context, there might have been an old law which provided for the establishment of PAs which is then replaced by a new system in terms of a later law. That later law will have to deal with the validity of the PAs that were declared under the old system. Some laws also intend to repeal older laws.

Administrative Measures Incentive-based Measures
Components of a Law… Compliance and Enforcement Mechanisms Criminal Measures Civil Measures Administrative Measures Incentive-based Measures NOTES FOR EDUCATOR Indicate to the Learners that an effective PA law depends in part on provisions which encourage compliance and enable authorities to enforce compliance where it is otherwise not forthcoming. Compliance is about persuading people to conduct themselves in accordance with the requirements of the particular law. Enforcement is about compelling people to comply with the law. Compliance and enforcement are related - the more automatic compliance there is, the less need there is for enforcement action. Further explain, that there are a series of mechanisms or tools which are available to promote compliance and enable enforcement, which include: Criminal Measures Criminal measures are traditionally the primary enforcement mechanism. Such provisions declare certain behaviour unlawful and attach a penalty to the unlawful behaviour. Penalties may include fines and/or imprisonment. For example, a PA law may prohibit the undertaking of mining activities and attach a fine to the prohibition. Such provisions do have a deterrent effect and hence promote compliance but they are primarily directed at punish the offender. Civil Measures There are a number of civil measures which play a role in compliance and enforcement, including interdicts (also known as injunctions) and damages. Unlike criminal sanctions, civil measures are primarily aimed at preventing or rectifying harmful behaviour although such measures are also aimed at reimbursing those who have suffered harm or loss as a result of non-compliance with a legal requirement. These measures are administered through the courts. For example, an governmental environmental authority responsible for PAs may apply to a court for an injunction to stop a mining company from undertaking mining activities within a PA. PA laws increasingly these days also incorporate provisions which allow authorities to recover costs, for example, costs associated with the rehabilitation of the environment after illegal mining activities. Administrative Measures These kinds of measures have started to play an increasingly important role in more recent times. Like civil measures, these kinds of measures are directed at halting current or future illegal activities or requiring a person to take corrective action but unlike civil measures, administrative measures do not require the involvement of the courts. They are enforced directly by the authority responsible for implementing the particular law. Examples would include provisions in PA laws that allow authorities to issue directives or compliance notices which require a person to take corrective action. Incentive-Based Measures These mechanisms seek to encourage and reward desired behavior rather than to sanction instances of non-compliance. These measures could include positive incentives, in the form of a reward, or disincentives. Within this category, there are various approaches which can be implemented, including, market-based (also known as fiscal or economic incentives) which are based on the idea of using market forces to encourage compliance. An example would include tax benefits associated with certain positive behavior. Other examples of such measures are regulatory and information-based measures. The former are incentives which encourage people to go beyond what is required by reducing the regulatory burden if they do so (e.g. reduction of reporting requirements). The latter is concerned with encouraging good behavior through the distribution of information. Voluntary Measures Finally, in the environmental realm increasing use is also being made of voluntary measures. They are measures which people or corporations take voluntarily (i.e. without compulsion of the law) in order to reduce harmful environmental impacts. They are only supplementary forms of environmental management and cannot replace the criminal/administrative measure (command-and-control type measures) entirely. These measures could consist of government programmes in which firms participate voluntarily or industry level initiatives as well as measures taken at the individual level. Laws may set out the legal framework for enabling these measures to be taken. Voluntary Measures

Components of a PA Law Name and number Title Preamble Substance
Definitions Principles & objectives Institutions Subject specific provisions Compliance & 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 Indicate to the Learners that you want to take a closer look at the substance/components of a PA law, and specifically the substantive provisions that are ordinarily found in PA laws or that should be included in effective PA laws. [Have the green box, arrow and right-hand side text appear on the screen]. Explain each of the components briefly as follows: Planning - It is important to think of PAs as part of a system. Systems planning is a fundamental principle. PA laws therefore normally (or ought to) provide for systems planning. Types - PA laws also contain provisions about the different types of PAs that are recognised, including provisions about their nature and requirements that should be met in order for an area to be classified as a particular type of PA. (Dis)establishment - PA laws should also include provisions about the processes and substantive requirements that should be met in establishing or de-proclaiming a PA. Management - These are provisions that lay down the requirements for managing a PA. Normally these provisions require the preparation of a management plan, set content requirements for such plans and deal with issues such as zoning, management of buffer areas and connectivity areas. Conservation Agreements - The PA law may make provision for the conclusion of various agreements between government authorities and private actors (such as private/communal land owners, communities, NGOs, companies, etc) which provide for the incorporation of non-state land within a PA, the management of the PA by private actors, the co-management of the PA by multiple entities, and access and use arrangements. Should the Pa law make provision for the conclusion of such agreements, it should clearly set out the form and nature of these agreements, mandatory and discretionary content, the parties entitled to enter such agreements and the procedures for concluding them. Regulated activities - In order to ensure that conservation objectives of a PA are met, certain activities within the PA may need to be regulated. Such provisions can potentially include prohibitions, provisions for permitting requirements, and the regulation of activities by setting general standards. Financing - PA laws may also include specific provisions about financing. Although government budgets continue to be an important source of funding, due to the limits on this source of funding, PA laws are beginning to include provisions on new and innovative sources of funding, such as environmental funds. Emphasise that not all PA laws are necessarily structured in the way set out in this slide, nor do they necessarily contain all of the provisions, and there may be additional provisions. The purpose here is merely to illustrate generic elements that ought to be incorporated in an effective PA law.

PA Laws & PA-related Laws
Natural Resource Laws Land-Use Planning Laws Development Control Laws NOTES FOR EDUCATOR Indicate to the Learners that a country may have a diverse array of laws of relevance to PAs. A broad distinction could be drawn between two groups of laws: PA laws Laws which focus exclusively on PAs. PA-related laws Laws which do not focus exclusively on PAs but may be of key relevance to/impact on PAs. Typical examples of such laws would include: Natural resource laws – which provide mechanisms for supporting the management of natural resources (water, air, soil, forests, species, ecosystems, etc) within, adjacent or outside of PAs. Land-use planning laws – which provide mechanisms for regulating land use within, adjacent or outside of PAs. Development control laws – which regulate activities and develop within, adjacent or outside of PAs. Fiscal laws – which create economic instruments for supporting the incorporation and management of land within PAs. Indicate to Learners that within Modules 1-6 – the term PA law shall be used generally to refer to dedicated/specific PA laws and PA-related laws. Fiscal Laws

Structure of Government
makes laws Legislature Separation of powers Government Executive Judiciary administers laws determines validity of laws & conduct NOTES FOR EDUCATOR Three Branches of Government - Government is traditionally accepted that government comprises of three branches: Legislature Makes law and is represented by Parliament. Parliament (which usually comprised of 2 chambers) goes by various names. Example - in the USA where Parliament is referred to as Congress which comprises of the House of Representatives and Senate. Executive Administers and implements laws. The Executive is usually headed by a President together with the Cabinet which is made up of Ministers drawn from Parliament. The day-to-day administration is then carried out by various government agencies, such as Departments. Judiciary Pronounces on the validity of laws and conduct in case of dispute. The Judiciary comprises of a number of courts, which may exist in a hierarchy. Separation of Powers One of the basic principles of western legal traditions is the principle of separation of powers which emphasizes the division of government functions into these three categories. [Have the ‘separation of powers’ bubble appear on the screen while you talk about this]. At its core this principle is about ensuring that no one arm of government is capable of becoming too powerful. Indicate to the Learners that it is important for them to have a basic understanding of the structure of government as it influences which organs of state will be responsible for designing and implementing a PA law. 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 Indicate to the Learners that the other aspect of the structure of government which is crucial for them to understand is how power is distributed. Government can be structured into a unitary, federal or confederal state. The most important distinction being between unitary and federal systems. The reason why this is important for purposes of the Course is because the nature of the government system influences which government agencies may be involved in biodiversity conservation and implementation of PA law. Proceed to explain the three possible systems as follows: Unitary Indicate that the major distinction between unitary and federal systems lies in the degree of centralisation of power, or put differently, the degree of autonomy granted to regions/states/provinces and local authorities. In a pure unitary state, the central government holds all power and there are no regional and local authorities. The same set of laws apply throughout the country. Most unitary states these days do have regions, and possibly also local authorities, but these regions are subordinate to the centralized government structure and only have such powers as may be granted by central government. Central government may withdraw such powers as might have been granted without having to involve the regions. Federal A federal state on the other hand, is one in which sovereignty is divided amongst a central government and various regions. The powers of the regions are original in the sense that the central government is not empowered to encroach into these powers or withdraw them. The central government and regions go by various different names. For example, the central government might be referred to as ‘national government’, or ‘federal government’, while the regions may be called states (as is the case in the USA) or provinces (South Africa, for example). In a ‘pure’ federal state each region may set up its constitution and regulate its own affairs although the central (or federal) authority often sets minimum standards. In a federal state system it is possible that both the central government and regional government have law-making powers regarding biodiversity conservation. This could mean that there are more than one law, and more than one government institution governing PAs. Local areas may also be granted original power to make laws, or alternatively such powers may derive from federal law. [Hence the grey rather than black bubble]. In wither case, local authority law-making power is usually restricted to a limited number of issues. Ordinarily, federal laws will trump regional laws and local-level by-laws should be aligned with both regional and central laws. The central and regional governments can go by various names, including ‘national’ or ‘federal’ government for the central government; and ‘provincial’ or ‘state’ government for the regional governments. [Have the black and white bubbles appear on the screen]. The USA and Germany are examples of federal states as the powers of the various regions flow directly from the Constitution. Confederal The unitary and federal systems are of more interest than the confederal system which in essence is more like a loose association/alliance of otherwise independent smaller states. There are very few examples of such systems today (Belgium being one). Learners should note that there is no rigid distinction between unitary and federal states. A state may be more or less federal or unitary, depending on the degree of centralization or devolution of power to regions. original power Local Areas Local Areas

Overview of Legal Concepts
What is Law Functions of Law Legal Systems of the World Branches of Law Sources of Law Picture: Monteverde cloud forest reserve in Costa Rica Copyright: IUCN Photo Library / © Gillian Eborn NOTES FOR EDUCATOR Briefly summarise for Learners the key Legal Concepts covered in the second part of the Seminar Presentation. Types of Law Components of a Law Structure of Government

Course Introduction Basic Legal Concepts Picture: Monteverde cloud forest reserve in Costa Rica Copyright: IUCN Photo Library / © Gillian Eborn NOTES FOR EDUCATOR Return to the broad Seminar Overview and indicate that will now proceed with an Introduction to Basic PA Concepts (Part 3). Basic PA Concepts

Overview of PA Concepts
Definition of “Protected Area” Other Relevant Definitions Importance & Value of Protected Areas Management Principles Picture: Monteverde cloud forest reserve in Costa Rica Copyright: IUCN Photo Library / © Gillian Eborn NOTES FOR EDUCATOR Indicate that this part of the Seminar Presentation will cover the following aspects. Then introduce each aspect very briefly. PA Governance & Good Governance Institutions & Stakeholders

What is in a Name! Strict Nature Reserve Private Reserve
Transboundary PA Wilderness Area Voluntary Conserved Area Tansfrontier Park National Park Indigenous Community Conserved Area Conservancy Natural Monument/Feature Local Reserve Biosphere Reserve Habitat/Species Mgt Area Heritage Site/Area Protected Environments Protected Land/Seascape Sacred Sites Botanical Gardens NOTES FOR EDUCATOR Start by asking the Learners what they understand by the term “PA” and to identify the names of different categories/types of PAs they have heard about? Having elicited responses from the Learners, introduce this slide on which is reflected the names of some categories/types accorded to PAs in different laws from different countries. Highlight that: Different countries use different names for different categories/types of PAs. The IUCN has over time introduced different categories/types of PAs which will be introduced to Learners through the duration of the Course. Notwithstanding these attempts to create a common language for different categories/types of PAs, different countries do still use different names for different categories/types of PAs. Protected Area with Sustainabie Use Forest Reserves Closed Areas

Definition of “Protected Area”…
“…A clearly defined geographical space recognised, dedicated and managed, through legal and other effective means, to achieve the long-term conservation of nature with associated ecosystem services and cultural values.” NOTES FOR EDUCATOR Proceed to introduce Learners to the IUCN definition of a PA which was launched in 2008 at the World Conservation Congress. Highlight that this definition is: Used by the IUCN in its work on PAs. Is promoted by the WCPA and IUCN’s Global Programme on Protected Areas (GPA). Used by the United Nations Environment Programme (UNEP) World Conservation Monitoring Centre (WCMC) for the World Database on Protected Areas (WDPA). Used throughout the Course. Acknowledge that there is also a definition of “protected area” contained in Article 2 of the CBD - but that while conveying the same general message as that contained in the IUCN definition, it is narrower in several respects and accordingly the IUCN definition is relied upon for the duration of the Course. Continue by providing the following additional information about PAs and the meaning of the term: PAs are essential for biodiversity conservation - they form the cornerstone of virtually all national (and international) conservation strategies. As has been shown already in the introductory slides, there has been remarkable growth in PA coverage throughout the world but despite this we continue to lose biodiversity at an alarming rate. Hence, there is a need for a better understanding of PAs and a need to improve the legal frameworks that govern PA. Not all areas that have some conservation value are also automatically regarded as PAs (for example, well managed forests may have incidental conservation benefits but they are not necessarily PAs within the meaning of the above definitions) although countries do differ in their approach of what kind of sites they regard as PAs. The IUCN regards PAs as such sites which have been specifically dedicated and set aside for conservation. This does not mean however that sites with incidental conservation value are not of importance. Indicate to the Learners that you will now explain each of the elements of the IUCN definition in more detail. IUCN (2008)

NOTES FOR EDUCATOR Indicate to the Learners that you will now analyse the most critical elements of the IUCN definition. Clearly Defined Geographical Space Several important points need to be made regarding this element of the definition. The first is that the area can relate to the terrestrial sphere, it may include inland waters, coastal areas and also the sea; or a combination of these areas. The PA should also be designed to protect a 3-dimensional space - for example: The airspace above the land area should be protected from overflying aircraft. The subsoil of a marine protected area should be protected from extractive activities. The water column should be protected from noise pollution. Borders may be demarcated by coordinates or through physical features such as rivers or through coordinates. Recognised A range of governance options are available but the area should be recognised in some way. The IUCN has developed a series of governance options - the Governance Categories - which will be dealt with in detail in Module 2 (Governance Principles and Approaches). At its core this element is about who is the key actor/s holding authority and responsibility for the main management decisions affecting the PA. Dedicated The site should be dedicated to conservation through a binding commitment. Binding commitments can be recorded through international treaty, a law, customary law, certification schemes, contracts with private landowners.

NOTES FOR EDUCATOR Managed Active steps are taken towards conserving the natural and/or cultural and other attributed of the site. This may also entail leaving the site ‘untouched’ if this is the best conservation strategy. Through Legal or Other Means While there may be a range of ways in which a PA may be recognised (e.g. through local indigenous communities, by the state etc), all PAs should either be formally declared in terms of the laws of the country or recognised through some other legal effective means such as international conventions or recognised traditional rules under which community conserved areas may operate. To Achieve Implies some level of effectiveness. Although the category may still be determined by objective, management effectiveness will progressively be recorded on the WDPA. Over time effectiveness will become an important contributory criterion in identification and recognition of PAs. Long Term Protection Ideally the PA should be protected in perpetuity. Explain that this term means ‘forever’. While it is not possible to imagine and contemplate all eventualities that may threaten a particular PA, this requirement at least implies that the PA should be envisioned with a multi-generational time frame in mind. A mere temporary protection is insufficient - for example - a rotational scheme in a commercial forestry area does not qualify the site for PA status. This means that PA law should include tools and mechanisms to facilitate and promote the long-term security of a PA designation. The kinds of legal tools available may vary, depending on the legal status of the lands or waters being designated as PAs. Ask the Learners whether they can think of any legal tools for achieving this goal? Having elicited a response, proceed to highlight the following means (also instruct the Learners that these tools will be explored in more detail during the Course): Provisions regarding designation and disestablishment of PAs - should be declared by the highest possible policy-making body in the jurisdiction concerned (such as legislature, parliament, head of state or relevant minister) and there should be clear thresholds and procedures for deproclaiming PAs or altering their boundaries. Incorporating good governance principles in laws - including public participation and access to information as these practices build and maintain support for PAs. Including innovative legal tools such as conservation servitudes, easements, covenants and land trusts for promoting long-term voluntary conserved areas.

NOTES FOR EDUCATOR Conservation of Nature The primary objective of PAs is to maintain natural conditions on-site (i.e. in situ) and so to protect habitats, the species that exist in this natural surrounding. Conservation refers to the in-situ maintenance of ecosystems and natural and semi-natural habitats, and of viable populations of species in their natural surroundings and, in the case of domesticated or cultivated species, in the surroundings where they have developed their distinctive properties. “Nature” always refers to biodiversity, at genetic, species and ecosystem level, and often also refers to geodiversity, landforms and broader natural values. “Geodiversity” covers landforms and other geological features (for example, rocks, minerals, sediments and soils), along with the natural processes which form and alter them, such as hydrologic cycles. Together with biodiversity, protecting geodiversity values should be a key consideration in the establishment, design and management of terrestrial and marine protected areas. Associated Ecosystem Services Means ecosystem services that are related to, but do not interfere with, the aim of nature conservation. These can include: provisioning services such as food and water; regulating services such as regulation of floods, drought, land degradation and disease; supporting services such as soil formation and nutrient cycling; and cultural services such as recreational, spiritual, religious and other non-material benefits. Cultural Values Includes those that do not interfere with the conservation outcome (all cultural values in a PA should meet this criterion), including in particular: those that contribute to conservation outcomes (for example, traditional management practices on which key species have become reliant), and those that are themselves under threat.

Definition of “Protected Area”
conserve nature guiding principles prevent harm maintain naturalness NOTES FOR EDUCATOR Once the final aspects of the definition have been explained, introduce the Learners to the three key guiding principles which accompany the 2008 IUCN definition of a PA. Conserve Nature Only those areas where the main objective is conserving nature can be considered as a PA. This does not necessarily mean that other goals such as sustainable use automatically disqualify a site from PA status but it means that in the case of conflict between such activities and conservation objectives, the latter will be the priority. Prevent Harm PAs should prevent, or eliminate where necessary, any exploitation or management practice that will be harmful to the objectives of designation. Maintain Naturalness PAs should usually aim to maintain or, ideally, increase the degree of naturalness of the ecosystem being protected.

Special Applications May all fall within IUCN definition of PA
Overarching requirement is meeting the IUCN definition and alignment with conservation objective as primary goal May be special considerations or characteristics that disqualify certain sites Marine Protected Areas Forest Protected Areas Inland Water Protected Areas Sacred Sites Voluntarily Conserved Areas NOTES FOR EDUCATOR Indicate to the Learners that certain types of sites have characteristics which call for special consideration when considering whether they qualify as PAs. Special considerations come into play for the following types of sites: Marine protected areas (also called marine parks, marine sanctuaries, marine reserves, marine monuments, marine conservation areas in some jurisdictions) Forest protected areas Inland water protected areas Sacred sites Voluntarily conserved sites. All of these types of sites may qualify for PA status, the overriding consideration being whether they comply with the definition and the overarching requirement of conservation being the primary goal for the site. Once the above has been briefly explained, ask the Learners whether they can think of any particular characteristics/considerations which may be problematic or challenging in deciding whether the types of areas qualify for PA status. Once a response has been elicited run through the following explanations: Marine Protected Areas Areas where primary purpose is extractive use (e.g. fisheries management areas) do not qualify. Forest Protected Areas Forests are challenging because forest areas may serve a multitude of purposes, not all of these qualify the area as a PA. IUCN has produced specific guidance on what kind of forest areas qualify. In order for a forest to fall within the definition of a PA – the primary management objective should clearly be conservation. Therefore the following may not qualify as PAs: Areas set aside for avalanche control, firebreaks or windbreaks. Forests where the primary purpose is resource extraction. Forests managed primarily as a community resource (such as forests managed for non-timber forest products, fuel wood and fodder, and recreational or religious purposes). Many forested areas which do not qualify as formal PAs may still serve important supportive conservation functions, including as buffer zones and ecological corridors connecting habitats and ecosystems, or may serve other connectivity functions. Inland Water Protected Areas Areas such as river corridors or lakes and wetlands may qualify. The challenge here is the large geographic scope of catchment areas. Ideally the entire catchment should be protected but this is often not possible in practice. Therefore often a combination of strategies is used, including a PA for part of the catchment together with other land use classifications compatible with catchment protection and pollution control requirements. Sacred Sites May qualify if the site also is of natural value. The challenge also relates to the management of the site and setting of objectives as compatibility between cultural/spiritual use and conservation should be achieved. Voluntarily Conserved Areas This term refers to conservation initiatives by local communities, corporations, NGOs or individuals which have property rights over the site. The challenge is ensuring the primacy of the conservation objective and long term protection. Voluntary conserved areas are still an emerging field but are increasingly being recognised as making an important contribution to biodiversity conservation. Such sites may be under a co-management regime. Indicate to Learners that voluntarily conserved areas are dealt with in detail in Module 2 (Governance Principles and Approaches) and will not be dealt with further here.

Other Important Definitions …
Legislation/Legal Framework/Legal Provisions Used interchangeably to refer to legal instruments that have statutory force (eg - laws, acts, executive decrees, executive orders, regulations, rules, norms and other tools with legal or operational effect). Formal Protected Areas System System of protected areas officially established or recognised by the state pursuant to protected areas legislation, normally consisting of state-owned or state-controlled protected areas and including voluntarily conserved areas that have been recognised as part of the official system. NOTES FOR EDUCATOR Indicate to the Learners that there are various other definitions - in addition to the definition of a PA - which the Learners will encounter in the Course. Some of these will be covered as and when they become of relevance but the definitions provided in the following slides are core definitions which the Learners should understand at this stage. Then briefly explain each of the these definitions in turn.

Biodiversity Variability among living organisms from all sources including, terrestrial, marine and other aquatic ecosystems and the ecological complexes of which they are a part, and diversity within species, between species and of ecosystems. Ecosystem A dynamic complex of plant, animal and micro-organism communities and their non-living environment, interacting as a functional unit. NOTES FOR EDUCATOR Continue by explaining the definitions displayed on the slide. As the terms are explained, the Educator may wish to convey the following additional information about the concepts: Biodiversity The definition of the term is lifted from the CBD. Ecosystem

Ecosystem services Benefits arising from the ecological functions of healthy ecosystems that are essential to life of all living organisms, & also provide social, cultural and economic value to humans. Ecological integrity The condition of an ecosystem where the structure and function are unimpaired by human-caused stresses, & where biodiversity and supporting processes are likely to persist. Ecological network System of nature reserves and their interconnections that make a fragmented natural system coherent to support more biodiversity than in its non-connected form, comprised of core areas, buffer zones and ecological linkages connecting these. NOTES FOR EDUCATOR Continue by explaining the definitions displayed on the slide. As the terms are explained, the Educator may wish to convey the following additional information about the concepts: Ecosystem services Examples of ecological goods include clean air, water; examples of ecological services include purification of air and water, maintenance of natural vegetation, decomposition of waste, pollination of crops etc. Ecological network Such networks will contain natural and semi-natural areas managed to restore ecological ecological functions as a means of conserving biodiversity while also providing opportunities for sustainable use of natural resources. This definition also again introduces the concept of connectivity conservation which is concerned with linking habitats and thus enhancing conservation.

Ecological resilience Capacity of a system to withstand changes to the processes that control its structures. Habitat An area which provides the combination of resources and environmental conditions that promotes occupancy by individuals of a given species and allows those individuals to survive and reproduce. Indigenous people Includes tribal or traditional peoples, local communities and aboriginal peoples in jurisdictions where these terms are preferred. NOTES FOR EDUCATOR Continue by explaining the definitions displayed on the slide. As the terms are explained, the Educator may wish to convey the following additional information about the concepts: Ecological resilience Building ecosystem resilience is increasingly being recognized as an important objective as scientific evidence which shows that disrupting ecosystems reduces their ability to respond to change and may lead to dramatic shifts which will compromise the system’s ability to provide ecosystem goods and services.

maintain biodiversity ecological resilience
Importance & Value Importance? value nature people maintain biodiversity ecosystem services areas of refuge cultural provisioning ecological resilience regulating supporting NOTES FOR EDUCATOR Ask the Learners why they think PAs are important, or put differently, what is their value? Once a response has been elicited, proceed to explain the importance of PAs. Highlight that one can approach this question in a number of ways but in essence PAs provide benefits to both nature and people; and one might point out that they have intrinsic value apart from the benefits for nature and people. Indicate to the Learners that the benefits of PA to nature will also entail benefits to people - these are interrelated (as is illustrated by the arrow between the ‘nature’ and ‘people’ ovals). Value for Nature The most critical role of PAs is to maintain biodiversity. This function is of increasing importance given the threats to biodiversity through the expansion of human activities and phenomena such as climate change which threaten natural systems functioning. PAs are important places of refuge for species that may face extinction and/or which are threatened. Currently scientists estimate that the rate of species extinction is 1000 times higher than during any other period of the earth’s history. Approximately species are threatened by extinction. PAs also improve the capacity of an ecological system to withstand changes to the processes that control its structures (the notion of ecological resilience). Value for People For humans PAs are important because of the ecosystem services we derive from nature. Provisioning services - food and water. Regulating services - regulate floods, droughts, land degradation and disease. Supporting services - soil formation and nutrient cycle. Cultural services - recreational, spiritual, religious and other non-material benefits. PA also play an important role in climate change mitigation and adaptation. Mitigation (broadly put) refers to measures and strategies that reduce greenhouse emissions. PA play a role in mitigation as they prevent the release of carbon already stored in vegetation and soils and because natural areas capture carbon from the atmosphere (i.e. sequester it). Adaptation refers to initiatives and measures to reduce the vulnerability of natural and human systems against actual or expected climate change effects. Adaptation is made possible by contributing towards maintaining ecosystem integrity (e.g. a PA may allow for the dispersal of flood waters or provide a barrier to a storm surges) and through providing essential ecosystem services to people. climate change mitigation adaptation

Management Principles
Ecosystem Approach Precautionary Approach Connectivity Reflect in PA law Planning Management by Conservation Objectives NOTES FOR EDUCATOR The international conservation community recognises a number of management principles/approaches as best practice. These are important to review as they ought to be reflected in PA law. In other words, if incorporated into PA laws and implemented accordingly, these principles/approaches will foster effective PA establishment, management, monitoring and evaluation so as to ensure that PAs contribute meaningfully towards achieving the global biodiversity targets (as well as applicable national targets). Once the above has been explained proceed to briefly mention each of the recognised best practice principles/approaches, and indicate to the Learners that these will be explored in more detail in the slides that follow, starting with the ecosystem approach. Managing for Particular Threats

Ecosystem Approach What is it International Recognition
“Strategy for the integrated management of land, water and living resources that promotes conservation and sustainable use” International Recognition Associated Benefits Adopts large-scale perspective to PA planning Facilitates broad perspective on threats to PAs Promotes collaboration Relevance for PA law NOTES FOR EDUCATOR What is it? “Strategy for the integrated management of land, water and living resources that promotes conservation and sustainable use” (as defined by CBD COP). At its core is the recognition that PA cannot be managed in isolation - but that a large-scale perspective is required in order to achieve effective conservation. It advocates that one should approach PAs from the perspective of the broader landscape or seascape, and that land-use plans and marine spatial plans for areas outside the PA system should also be ecosystem-based and compatible with the conservation objectives of the PA system. The ecosystem approach also advocates promoting the role/involvement of Interested and affected communities to ensure that policy and planning decisions are fair and equitable and draw from local expertise/knowledge. The ecosystem approach is science-based - i.e. its implementation should be founded on hard science. International Recognition Both the CBD COP and IUCN WCC have recommended that the governance of PAs (both in the terrestrial and marine context) should be in keeping with the ecosystem approach. Other conventions/programmes/international organisations to recognise the ecosystems approach include: RAMSAR, UNESCO’s MAB Programme, UNEP and FAO. Associated Benefits Adopts a large-scale perspective - focusing on entire ecosystems, bioregions and ecologically functioning landscapes and seascapes. This provides an appropriate scale for determining priority biodiversity sites and ecological functions needing protection, as well as for selecting sites, setting boundaries and defining management needs. Facilitates a more relevant and broad assessment of the social, political and economic context of threats to biodiversity and nature conservation, opportunities to mitigate them, and a framework for cross-sectoral and multijurisdictional partnerships to address complex conservation issues. Promotes collaboration at the landscape or seascape scale among a diversity of state and non-state actors, with a view to maximizing the conservation of core PAs through buffer zones, connectivity corridors or other land and marine conservation tools. Relevance for PA Law As a recognised planning and management principle for PAs, and given the above benefits, it is an important concept to incorporate in a PA law. The principle could be included as an objective which should inform the implementation of the law and any decision taken by authorities in terms of it.

Ecosystem Approach Precautionary Approach NOTES FOR EDUCATOR The second management principle which ought to be reflected in PA law is the precautionary approach. Move onto the next slide.

Precautionary Approach
What is it? Where there is a threat of significant reduction/loss of biodiversity, lack of full scientific certainty should not be used as a reason for postponing measures to avoid/minimise the threat. International recognition Supporting principles Broad participation Best available Information Adaptive management Relevance for PA law NOTES FOR EDUCATOR What is it? Read the definition of the precautionary approach to the Learners. International Recognition Highlight that the principle has been recognised internationally since the 1970s and is reflected in many international instruments, such as: CBD, UN Convention on the Law of the Sea, Rio Declaration, Convention on the Conservation of Migratory Species of Wild Animals. Supporting Principles Mention that the IUCN has published IUCN Guidelines for Applying the Precautionary Principle to Biodiversity Conservation and Natural Resource Management (2007). These Guidelines identify a number of supporting principles which are crucial to implementing the precautionary principle, such as Broad participation - all relevant stakeholders should be included in important decision-making processes to ensure the best possible judgments are made. Best available info - to make decisions the best available science alongside indigenous knowledge ought to be used Adaptive management - ongoing monitoring, regular review and flexibility are paramount ingredients to effective management. In other words, management practices should be adapted constantly based on ongoing learning and analysis of how the natural environment and species respond to changing conditions. Relevance for PA Law Explain that the precautionary approach provides a basis for anticipating, avoiding and mitigating threats (a basis for implementing the mitigation hierarchy). Highlight that this is becoming increasingly important in the context of PAs, particularly in light of threats posed by climate change. Emphasise that this precautionary approach (together with the above supporting principles) ought to be incorporated into PA law. The precautionary approach could be included as an objective which should inform the implementation of the PA law and any decision taken by authorities in terms of it. The precautionary approach could also be given tangible effect to through making provision for mandatory environmental impact assessment processes which should inform decisions impacting on the PA (such as whether or not to allow certain types of developments/activities to take place within/adjacent to the PA).

Ecosystem Approach Precautionary Approach Connectivity NOTES FOR EDUCATOR The third management principle which ought to be reflected in PA law is connectivity. Move onto the next slide.

Connectivity What is it International Recognition Relevance for PA Law
A conservation measure that aims to link habitats for wildlife conservation and to maintain ecological processes for the goods and services they provide Within and between PAs Patches, matrices, corridors, linkages, buffers and mosaic International Recognition Relevance for PA Law NOTES FOR EDUCATOR Highlight to Learners that there are two Modules (Modules 11 & 12) dedicated to connectivity conservation and only a very brief summary is accordingly provided here. What is it? In its most basic sense, connectivity is a conservation measure in environments modified and fragmented by human impacts and development that aims to link habitats for wildlife conservation and to maintain ecological processes for the goods and services they provide. In the context of PAs, connectivity conservation aims to promote improved linkages within and between PAs, with a view to promoting and/or maintaining connectivity between landscapes/seascapes, habitats, ecological processes and evolutionary processes. The scale and form of mechanisms seeking to promote such connectivity, and the terminology used by landscape ecologists to describe them, vary and include patches, matrices, corridors, linkages, buffers and mosaics. Similarly the benefits associated with improved connectivity are diverse and span biodiversity conservation, climate change adaptation and climate change mitigation. Mention that connectivity conservation is still an emerging field but scientists are increasingly recognising its value for effective conservation, particularly in light of threats such as climate change. International Recognition Highlight that while the notion of connectivity conservation as a PAs management principle arose in the 1980s and has been the focus of increasing scientific attention ever since, it was not until the advent of the twenty-first century that policy makers have sought to incorporate and give recognition to it in the international, regional and domestic legal discourse. Emphasise that the principle of connectivity conservation has been recognised recently by both the CBD COP and the IUCN WCC. Highlight how significant impetus to recognising the role of law in promoting connectivity conservation has recently been added through the publication of the Connectivity Conservation Law Concept Paper. Relevance for PA Law Highlight how legal tools for promoting connectivity can be contained in laws emanating from several sectors including: conservation, sustainable use, land-use planning, development control, coastal management and fiscal legislation. PA laws should cross-refer to these relevant legal tools in so far as they relate to promoting connectivity within and/or between PAs. In addition, PA laws should recognise the principle of connectivity and introduce mechanisms for promoting it through legal tools facilitating the development of buffers around or corridors between PAs.

Ecosystem Approach Precautionary Approach Connectivity Planning NOTES FOR EDUCATOR The fourth management principle which ought to be reflected in PA law is planning. Move onto the next slide.

PA Planning “Planning” System Plan Management Plan Key Characteristics
Efficiency & Equity Representativeness Persistence Adequacy NOTES FOR EDUCATOR Planning Many of the PAs that exist today were created on an ad hoc basis and not as a result of systematic planning. As a result, many PA have been established in non-priority areas, have inadequate planning and institutional arrangements, are not managed adequately, are left as isolated islands which are unable to sustain their conservation objectives and/or link with other PAs and other area-based conservation initiatives. Many of the PAs that exist today do also not have satisfactory plans informing the day-to-day operations of the PA. It is therefore crucial that PA laws make provision for PA planning. Highlight that when talk of “PA planning” here are are referring to two types of planning: Management Planning. System Planning. Indicate to the Learners that the issue and law applicable to these two different forms of planning is dealt with in detail in the following Modules: System Planning - Module 4 (Planning, Types & Establishment). Management Planning - Module 5 (Management). Highlight that the purpose here is therefore only to provide a very brief introduction to these concepts. System Planning A macro plan seeking to achieve a comprehensive, adequate and representative system or network of ecologically viable PAs that are well integrated with other land and aquatic uses. Takes a strategic view of PAs. Usually prepared by national authority and applicable to the entire country. Provides guidance on country’s overall objectives relating to PAs. Defines roles of key players in relation to PAs and the relationships between these players - this may include building support and a constituency for PAs. Identifies gaps in PA coverage (including opportunities and needs for connectivity) and deficiencies in management. Defines the relationships between different units and categories of PAs, and between PAs and other land and marine management/conservation mechanisms. Sets national targets/goals for PA coverage and effectiveness. Identifies current and potential impacts - both those affecting PAs from surrounding land or sea, and those emanating from PAs which affect surrounding land or sea. Provides the framework within which: Operational priorities and overall budgets and resources can be allocated and adjusted over time. Interrelationships between PAs addressed. Trade-offs identified and monitored in biodiversity and socio-economic terms. International obligations incorporated in domestic strategic planning instruments. System planning is consistently endorsed in international law and policy in the context of both terrestrial and marine PAs. Management Planning A micro plan guiding the day-to-day management of a particular PA. Usually prepared by the management authority for the PA. Its content should be informed by relevant aspects of the PA System Plan. Key Characteristics for PA Planning The IUCN WCPA has developed guidelines on the main characteristics of PA Planning. These characteristics are: Representativeness, comprehensiveness and balance - ability to represent or sample the full variety of biodiversity and other features such as landform types, and landscapes or seascapes of cultural value, so as to protect the highest quality examples, especially threatened and under-protected ecosystems, and species globally threatened with extinction. Adequacy - supporting the viability of ecosystem processes as well as species, populations and communities that make up the country’s biodiversity. Coherence and complementarity - the extent to which each site makes a positive contribution to the system as a whole. Consistency - the application of management objectives, policies and classifications to individual sites under comparable conditions in standard ways. Cost-effectiveness, efficiency and equity - an appropriate balance between the costs of and benefits flowing from PAs, equity in their distribution, and efficiency in terms of the minimum number and size of PAs needed to achieve system objectives. Persistence - the ability to promote the long-term survival of biodiversity contained within a PA by maintaining natural processes and viable populations and by excluding or overcoming threats. Resilience - the ability to adapt and sustain primary conservation objectives of the site and the system overall in the face of climate change and other global change factors. Connectivity - the extent to which the system as a whole links habitats for wildlife conservation and to maintain ecological processes for the goods and services they provide. Resilience Coherence Connectivity Consistency

Ecosystem Approach Precautionary Approach Connectivity Planning Management by Conservation Objectives NOTES FOR EDUCATOR The fifth important management principle which ought to be reflected in PA law is that PAs should be managed according to conservation objectives set for each PA. Move onto the next slide.

Manage by Conservation Objectives
PA System Level PA Site Level Overarching Objective Specific Objectives Conserve nature Protect specific species Conserve outstanding ecosystems Protect specific habitat Facilitate sustainable use NOTES FOR EDUCATOR Emphasise the importance of setting conservation objectives such as: Create a uniform policy context for PAs. Guide decision-making and action affecting PAs. Provide a benchmark for monitoring performance. Highlight that conservation objectives however can be set at two levels: PA System Level In the PA law or the overarching PA System Plan developed under it. Prescribed in general terms by generally the national authorities. Guide the development and implementation of the broad PA System Plan. Inform the development of PA Site Level Objectives. Generally too broadly framed to inform the specific management of an individual site. Ask Learners for examples of what they consider to be PA System Level Objectives Having elicited a response, highlight the following as three examples: Conserve nature. Conserve representative sample of outstanding ecosystems. Facilitate sustainable use. PA Site Level Usually prescribed at the time the site is formally designated. Specifically tailored to take into account the values and attributes for which the site is being designated. Prescribed in specific terms by generally the designating authority or PAs management authority. Should include measurable targets and time periods. Inform the development of the individual PA’s Management Plan. Serve as the basis for assigning the site a PA Management Category. Guide the management of the specific PA. Ask Learners for examples of what they consider to be PA Site Level Objectives To protect a particular species in a specific location. To protect a particular habitat in a specific location (as opposed to an entire ecosystem). To conserve an ecosystem of outstanding regional, national or even global significance. To protect a specific feature such as a waterfall, geological formation or culturally significant site. Highlight that the PA law should create the enabling framework for the prescription of conservation objectives at both levels. Protect specific feature

PA Management Categories
Category Definition of Management Objective Category Ia Strict Nature Reserve Strictly protected areas set aside to protect biodiversity and also possibly geological or landform features, where human visitation, use and impacts are strictly controlled and limited to ensure protection of the conservation values. Such protected areas can serve as indispensable reference areas for scientific research and monitoring. Category Ib Wilderness Area Protected areas are usually large unmodified or slightly modified areas, retaining their natural character and influence, without permanent or significant human habitation, which are protected and managed so as to preserve their natural condition. Category II National Park Protected areas are large natural or near natural areas set aside to protect large-scale ecological processes, along with the complement of species and ecosystems characteristic of the area, which also provide a foundation for environmentally and culturally compatible spiritual, scientific, educational, recreational and visitor opportunities. Category III Natural Monument/ Feature Protected areas are set aside to protect a specific natural monument, which can be a landform, sea mount, submarine cavern, geological feature such as a cave or even a living feature such as an ancient grove. They are generally quite small protected areas and often have high visitor value. Category IV Habitat/Species Management Area Protected areas aim to protect particular species or habitats and management reflects this priority. Many category IV protected areas will need regular, active interventions to address the requirements of particular species or to maintain habitats, but this is not a requirement of the category. Category V Protected Landscape/Seascape A protected area where the interaction of people and nature over time has produced an area of distinct character with significant ecological, biological, cultural and scenic value: and where safeguarding the integrity of this interaction is vital to protecting and sustaining the area and its associated nature conservation/ other values. Category VI Protected Area with Sustainable Use of Nature Resources Protected areas conserve ecosystems and habitats, together with associated cultural values and traditional natural resource management systems. They are generally large, with most of the area in a natural condition, where a proportion is under sustainable natural resource management and where low-level non-industrial use of natural resources compatible with nature conservation is seen as one of the main aims of the area. NOTES FOR EDUCATOR Adoption of Management Categories Explain that it has become customary, as a best management principle, to use a range of PA categories, grounded in law, for managing sites according to their conservation objectives. The categories provide a framework, from strict protection to multiple use, which can be applied to the entire PAs system, even though some sites may be established under other legislation and may also have other classifications. The goals and objectives of a site inform the choice of management category assigned to the PA. Highlight that this slide depicts the the six IUCN Management Categories for PAs. Briefly read through each of the IUCN Management Categories. Mention that the background, purpose, use, application lessons and implications for PA law relating to the IUCN Management Categories will be discussed on the following slides.

IUCN Management Categories
Background Purpose Global Acceptance The Categories NOTES FOR EDUCATOR Highlight that the most recent iteration of the IUCN Management Categories are contained in the IUCN Management Category Guidelines (2008) - updated in 2013. Background to the IUCN Management Categories Since 1994 the IUCN has provided a framework of Management Categories but the idea of categorising PAs dates back to 1933 already. There have been several different iterations of the Management Categories published by the IUCN to date which serves to illustrate that the Categories that exist are not cast in stone but rather evolve over time. This framework of IUCN Management Categories provides a range of options from strict protection through to multiple use PAs and each Category is suited to particular objectives. Purpose of the IUCN Management Categories The use of the IUCN Management Categories for the following purposes is supported by the IUCN: Facilitate planning of PAs and PA Systems. Improve information management about PAs. Help to regulate activities in PAs. To provide the basis for legislation - a growing number of countries are using the IUCN categories as a or the basis for categorizing PA under law. To set budgets - some countries base scales of annual budgets for PAs on their category. To use the categories as a tool for advocacy - NGOs are using categories as a campaign tool to promote conservation objectives and appropriate levels of human use activities. To interpret or clarify land tenure and governance - some indigenous and local communities are using the categories as a tool to help to establish management systems such as indigenous reserves. To provide tools to help plan systems of PAs with a range of management objectives and governance types. Global Acceptance/Use of the IUCN Management Categories The use of the categories on a global scale has increased significantly since the 1990s when they were first elaborated. Since 2004 the categories have also been formally recognised by the parties to the CBD as a tool that countries should use in reporting on their PA systems. A 2003 survey of PA law and policy found that some 10% of countries were using the IUCN Management Categories in their PA legislation. The Categories Comprehensive details regarding the six IUCN Management Categories are contained in the IUCN Management Category Guidelines (2008) and need not be repeated here. A decision as to the appropriate category may not always be clear-cut and value judgments may need to be made - the categories are only an approximation. It may be of assistance to consult the IUCN Management Category Guidelines on this question as the document provides guidance for each of the 6 Categories regarding the following: Primary objective. Other compatible objectives. Distinguishing features. Role in the land/seascape. Issues for consideration. Application Highlight that some key key principles for the use/application of IUCN Management Categories in law and policy will be summarised on the next slide. Application

IUCN Management Categories …
Application An international catgorisation system Categorisation only relevant once IUCN definition met Not a hierarchy Levels of human intervention vary across categories Not a measure of management effectiveness Reporting by number not name NOTES FOR EDUCATOR Highlight that the following key principles for the use/application of IUCN Management Categories in law and policy may be summarised as follows: The category system is international. The categories only become relevant insofar as the site qualifies as a PA in terms of the IUCN definition. All categories are important (in other words, the system is not intended as a hierarchy) and ideally one would want all types of categories reflected in a PA system. Levels of human intervention will vary by category, from no or limited intervention to greater modification. The categories are not a measure of management effectiveness - if the objectives of a PA are not met, the answer is not to reclassify the PA to another category but rather to adjust the management actions. Terminology employed for PAs may vary, so reporting is by category number and not name. This allows countries to continue applying their own terminology to sites (for example, national parks, wildlife sanctuaries), based on local preferences and tradition, and still use the common framework of conservation objectives for international reporting. …. continued on next slide.

IUCN Management Categories
Application… Category determined by primary objective Not all categories are equally suitable for every situation Categorisation not always clear-cut WDPA listing requirement Reflection in PA law NOTES FOR EDUCATOR Continue from last slide - highlighting the following additional key principles informing the use/application of IUCN Management Categories in law and policy: Categories are assigned with reference to the primary objective of the site. This might be tricky where the PA has a multiple objectives and values. The authority responsible for a particular PA may have to decide which is the primary objective among many objectives in order to properly assign a IUCN Management Category - the rule then is that the category should apply to at least 75% of the PA. Not all categories are equally suitable for every situation. It should also be made clear to the Learners that not each category may be suitable in every situation. For example, Categories V and VI are unlikely to be suitable to a pristine, endangered ecosystem. It will be important in each instance to interrogate the nature and objective of protecting the particular area as conservation may require different approaches in different contexts. A decision as to the appropriate category may not always be clear-cut and value judgments may need to be made - the categories are only an approximation. The IUCN Management Categories are the basis for listing PAs in the WDPA maintained by IUCN and UNEP WCMC. The PA law should make provision for the inclusion of the IUCN Management Categories - either directly (including them as different forms/types/categories in the law) or indirectly (including an array of different forms/types/categories which effectively provide for the same array of management objectives as reflected in the IUCN Management Categories).

Ecosystem Approach Precautionary Approach Connectivity Planning Management by Conservation Objectives NOTES FOR EDUCATOR The final important principle regarding the management of PAs is that they ought to be managed keeping in mind general and particular threats to conservation. Move onto the next slide. Managing for Particular Threats

Threats to Protected Areas
Urban expansion War & conflict Habitat loss Alien species Inappropriate land/sea use On-site development Off-site development Unsustainable resource use Off-site pollution On-site pollution Natural events Off-site natural events Illegal activities Climate change NOTES FOR EDUCATOR Ask Learners what threats exist that may need to be dealt with in PA legislation? Once some responses have been elicited, explain that there are a multitude of threats that may undermine PA objectives and ultimately also undermine the overall objective of conservation of nature (triggering the appearance of those on this slide). Also explain to the Learners that there are various ways of classifying threats. One approach is to classify threats into direct and indirect threats. Direct Threats (those reflected in purple ovals): Urban expansion & associated habitat loss. Unsustainable resource use patterns (e.g. the overexploitation of resources). Mineral extraction which results in pollution and habitat destruction/degradation and alteration. On-site infrastructure and tourism development within PAs. Unsustainable visitor use (e.g. too many visitors or visitors that do not adhere to use requirements). On-site pollution (which may be cause by visitors, mineral extraction etc). Illegal activities such as poaching. Natural events such as fires, earthquakes and floods. War and conflict within PA (overlaps to extent with indirect threats and hence reflected in faded purple). Introduction of alien species on-site (overlaps to extent with indirect threats and hence reflected in faded purple). Indirect Threats (those reflected in white ovals) War and conflict which takes place off-site but may have on-site implications (overlaps to extent with direct threats and hence reflected in faded purple). Introduction of alien species off-site which may migrate on-site (overlaps to extent with direct threats and hence reflected in faded purple). Inappropriate land- and sea-use in surrounding areas which may lead to fragmentation. Off-site development which may have on-site impacts. Off-site pollution which may migrate on-site. Off-site natural events which may have on-site impacts. Climate change - which causes an increase in average global temperatures and unpredictable weather patterns. Highlight that PA laws should include provisions to manage direct threats in particular, which could include: Securing the boundaries of PAs in perpetuity. Including strict/onerous safeguards for amending the boundaries of PAs. Making provision for the creation of buffers around PAs. Making provision for management planning to ensure that these threats are proactively identified and managed, Strictly regulating activities/development taking place in PAs. Explain that indirect threats are particularly difficult to manage as they cannot always be addressed through direct management action within a PA (e.g. there is little that can be done in terms of managing the PA which will prevent the flow of polluted water in a watercourse through a PA), but that provision could be made in the PA law to mitigate these threats through: Introducing PA systems planning. Integrating relevant components of PA systems planning and management planning within associated land-use, resource management and development planning instruments. Creating buffers around PAs. Direct Threats Indirect Threats

Ecosystem Approach Precautionary Approach Connectivity Reflect in PA law Planning Management by Conservation Objectives NOTES FOR EDUCATOR Highlight that this is the end of the section on management principles and that will now turn to address the issue of PA Governance. Managing for Particular Threats

Understanding Governance …
Two Different Dimensions Quality of Governance Who Makes Decisions NOTES FOR EDUCATOR Begin by mentioning that Module 2 (Governance Principles and Approaches) is dedicated to dealing with Governance and therefore you will only provide a very brief introduction to the basic concepts in this Module. Emphasise that during the past decade, the term “governance” has grown in importance and is used in many different contexts, including that of PAs. Highlight that before can consider what is “PA governance”, need to first understand what is “governance”. Emphasise that: Governance is effectively concerned about who holds authority to make decisions and how this authority is exercised. Can talk of “governance” in the context of PAs in two broad senses: Good Governance - dealing with the quality of governance. Types of Governance - dealing with who exercises authority and how. Good Governance Types of Governance

Understanding Governance
‘The interactions among structures, processes and traditions that determine how power and responsibilities are exercised, how decisions are taken and how citizens or other stakeholders have their say.’ rich & multifacteted complex authority/power NOTES FOR EDUCATOR Read out the definition from the IUCN Governance of Protected Areas: Best Practice Protected Area Guideline. Then highlight the following key aspects relating to “governance”: Rich and multifaceted concept. Complex concept - difficult to reduce concept to a few simple parameters and indicators. Primarily about authority and power: Who makes decision? How such decisions made? How authority shared by actors? Who is held accountable for decisions and how? who makes decisions how authority shared how decisions made who is accountable

Understanding PA Governance …
“Protected Areas Governance”? ‘The interactions among structures, processes and traditions that determine how power and responsibilities are exercised, how decisions are taken and how citizens or other stakeholders have their say in a protected area.’ de iure/in law authority/power de facto/in practice who makes decisions how authority shared NOTES FOR EDUCATOR Indicate that “PA governance” in its simplest sense is about how governance plays out in the context of a PA. Highlight that in the context of PA such authority/power can be held/exercised: De iure - power/authority prescribed/recognised by the law. De facto - power/authority not prescribed/recognised by law but nonetheless exists in practice. how decisions made who is accountable

Understanding PA Governance
a continuum of options NOTES FOR EDUCATOR Highlight how there is effectively a continuum of forms of decision-making/forms of authority (governance options) which can characterise a PA: Left-hand side - State-Owned/State-Controlled PAs - historic/traditional form of PA governance Middle - Shared Governance - where state shares certain aspects of authority with other parties (other state entities, private entities or indigenous peoples and/or local communities) Right-hand side - Private Governance or Governance by Indigenous Peoples and Local Communities - where authority is exercised solely by non-state actors. Highlight that historically, state-controlled/owned governance (governance by government) was and continues to be the dominant governance approach formally recognised in PA legislation and formal PA systems. Highlight that the contemporary trend in last decade or so is to focus on shared governance, private governance and governance by indigenous peoples and local communities - in recognition of the key role these other forms of governance play/potentially play in increasing the coverage of PA systems to help achieve biodiversity goals. Emphasise that it is therefore important for PA laws to recognise these new PA governance approaches and include legal tools to enable and sustain them. Highlight that the governance arrangements within a PA may shift along the continuum (in either direction) over time as circumstances change and therefore the relevant legal framework regulating the governance arrangement needs to be sufficiently flexible to allow for it to adapt to changing circumstances. Emphasise that this diagram is a rather simplistic representation and does not necessarily capture the diverse array of actors which may have a role to play in a particular PA. state-owned shared indigenous & locals state-controlled private

IUCN Governance Types NOTES FOR EDUCATOR
Highlight that the IUCN has introduced PA Governance Types. Mention that the focus on PA Governance Types is a relatively new phenomena triggered by the emphasis placed on PA governance at the World Parks Congress (2003). Confirm that these Governance Types were first reflected in the IUCN Management Category Guidelines (2008) but have subsequently been elaborated on in the following documents: Lausche B Guidelines for Protected Areas Legislation (2011) IUCN Environmental Policy and Law Paper No.81 IUCN Environmental Law Centre Bonn Borrini-Feyerabend G, Dudley N, Jaeger T, Lassen B, Broome N, Phillips A & Sandwith T (2013). Governance of Protected Areas: From Understanding to Action, IUCN Best Practice Protected Areas Guideline Series No.20, Gland. Briefly introduce the 4 main types and 11 sub-types - again emphasising that these are dealt with in detail in Module 2 (Governance Principles and Approaches).

PA Pratitioner Perspective
Quality of Governance “Good Governance”? PA Pratitioner Perspective PA Lawyer Perspective legitimacy & voice public participation direction transparency performance predictability NOTES FOR EDUCATOR Turn to address the second dimension of governance - the issue of the quality of governance - namely good governance. Good Governance - Generally Once a response has been elicited, explain the following: Ask Learners what they understand by “good governance”. As with governance in general, there is no universally accepted definition of “good governance” and definitions may vary slightly depending on the organisation providing the definition – you could refer to Box I-4 on pg 41 of the PA Law Guidelines. A test of good governance is the degree to which it delivers on the promise of human rights, including civil, cultural, economic, political and social components of such rights. Highlight how different disciplines have somewhat different approaches to the concept of good governance. Relates to governments having accountability, legitimacy, fairness, and respect for human rights, including the rights of indigenous peoples. Good Governance - from a PA Practitioner Perspective Mention that the IUCN Governance of Protected Areas Guidelines (2013) endorse a series of principles of good governance for PAs: Legitimacy and Voice This principle emphasizes social dialogue and collective agreement on key aspects related to PA such as establishment, objectives and management strategies. It means that rights holders and stakeholders should have access to sufficient information, an opportunity to have their say and that their views will be respected and considered in decision-making. It also means that institutions should enjoy broad acceptance and appreciation in society. Mutual respect should be promoted. Direction This principle is concerned with ensuring that there is a long-term vision for the PA system and individual sites. This strategic vision should be based on agreed values and clear policy direction should be provided. Performance This is about effectively conserving biodiversity whilst also responding to concerns and needs of stakeholders. Accountability and Transparency These requirements are related and talk to clear lines of responsibility and ensuring adequate reporting (i.e. transparency) and answerability (accountability) from all stakeholders about the performance of their responsibilities. It is about upholding the integrity of all those in charge of implementing PA laws and policy. Quality of results should also be linked with appropriate rewards and sanctions. Fairness and Rights Fairness is about ensuring that costs and benefits of establishing and managing a PA are shared equitably and ensuring that there is fairness in decision-making while the emphasis on rights signals the need to ensure that human rights are respected. This means inter alia that the livelihoods of vulnerable people should not be adversely affected and that PA should aggravate poverty and inequality. Laws and regulations should be enforced in an impartial manner and people should have recourse to an appeal. Mention that these principles should be viewed as benchmarks and applied in a flexible manner depending on the context within which they are applied. Good Governance - from a PA Lawyer Perspective Mention that the following are generally recognised legal principles underlying good governance: Predictability. Transparency. Public participation. Justice. Equity. Highlight that the above principles of good governance are normally grounded in law and applied through four primary mechanisms which have also been endorsed at an international level by the Aarhus Convention (in force since 2001): Public Participation It is a broadly accepted principle of international policy (see for example the Rio Declaration). Public participation (PP) ensures participatory decision-making. Meaningful PP requires that: (1) people have timely access to information; (2) information is accurate, complete and understandable; (3) people are given a reasonable opportunity to provide meaningful comments; and (4) that such comments are given due weight and consideration. Decisions where PP is particularly important should be clearly described in PA law - e.g. designation of a site as a PA; designating management authorities; laying out a strategy for a PA system or an individual site. Particular attention should also be paid to the participation of indigenous and local communities - the PoWA specifically calls on states to develop effective strategies for involving indigenous communities in PA planning, establishment, governance and management. Access to Information Some information should be made available without requiring a specific request, whereas other information may only be shared if a specific request to that effect is made. For example, PA system plans, management plans, or proposals to declare a PA should be made automatically available for public review and comment. Scientific reports on the other hand may fall within the category of information that will be made available on request. A system should be put in place which allows the public to gain access to information. Promotes transparency and legitimacy. Access to information is ordinarily governed in separate and self-standing legislation but some elements may be useful to include in PA law itself. For example, PA legislation should designate the kind of information that is made available automatically (i.e. without a request). Access to information legislation normally encompasses the following elements: Substantive requirements - e.g. if information from a private body is requested, requestors may be required to establish why the information is required. Procedures for requests including form, substantive requirements, timeframe for responses. Appeal provisions. Circumstances when access may be refused. Social Equity Stakeholders and rights holders (i.e. landowners, or those who have rights to resources) should be respected and engaged in PA design, establishment and management and should have legal recourse if their rights are violated. For example, local communities who depend on a natural area to be declared as a PA should be considered particularly if they will lose access to resources such as fish that they depend on. It may be necessary to allow such communities to share in PA revenues (e.g. through tourism fees). This is about ensuring that decisions are fair and equitable. Access to Justice PA law (or another law of more general application) should provide a right of recourse in the form of appeals and/or reviews for situations where the goals of social equity are not met. accountability equity fairness & rights justice

Institutions & Stakeholders …
International Institutions NOTES FOR EDUCATOR International Institutions Indicate that there are several international organisations or institutions which are of importance to conservation and PAs. Briefly introduce the following and why they are relevant in the context of PAs: Highlight that these are dealt with in detail in Module 3 (International and Regional Law). IUCN Relevant Commissions World Commission on Protected Areas (WCPA) World Commission on Environmental Law (WCEL) Commission on Environmental, Economic and Social Policy (CEESP) Key Relevant Programmes Global Programme on Protected Areas Environmental Law Programme (overseen by Environmental Law Centre) Other Relevant Programmes Other IUCN programmes of potential relevance to PAs include Business and Biodiversity; Economics, Ecosystem Management; Gender; Forests; Water; World heritage; Marine and Polar Regions etc. Other IUCN Related Institutions Several other IUCN related institutions are of relevance to PAs. Theme on Indigenous People, Local Communities, Equity and Protected Areas (TILCEPA) IUCN Academy of Environmental Law UN Environment Programme (UNEP) Established in 1972 and its function is to act as the voice for the environment within the United Nations system. Acts as a catalyst, advocate, educator and facilitator to promote the wise use and sustainable development of the global environment. The only UN body devoted exclusively to environmental matters. Has played and continues to play an important role in the development of treaties and other soft law instruments. World Conservation Monitoring Centre A collaboration between UNEP and WCMC, a UK-based charity. Centre aims to provide timely data and information relating to biodiversity. UNEP-WCMC is UNEP’s specialist biodiversity assessment arm, and the Centre for UNEP’s collaboration with WCMC. UNESCO Man and Biosphere Programme The Man and the Biosphere (MAB) Programme is an Intergovernmental Scientific Programme aiming to set a scientific basis for the improvement of the relationships between people and their environment globally. Launched in the early 1970s, it proposes an interdisciplinary research agenda and capacity building that target the ecological, social and economic dimensions of biodiversity loss and the reduction of this loss. It’s World Network of Biosphere Reserves currently counts 621 biosphere reserves in 117 countries all over the world. Convention COPs and Secretariats Convention on Biological Diversity . Convention on the Conservation of Migratory Species of Wild Animals (the CMS Convention). Convention on the Protection of World Cultural and Natural Heritage (the World Heritage Convention). Convention on Wetlands of International Importance especially as Waterfowl Habitat (Ramsar Convention). United Nations Framework Convention on Climate Change. United Nations Convention on the Law of the Sea. Regional Institutions Highlight that there are a number of regional instruments and institutions that may be of relevance but that these are too numerous to explore here but are explored more fully in Module 3 (International and Regional Law). Some examples include: Natura 2000 (Europe). South Pacific Regional Environmental Programme (South Pacific). Southern African Development Community (Southern Africa). Transfrontier park initiatives. Regional Institutions

Institutions & Stakeholders
National Institutions State Actors Ministries Statutory Bodies Departments national sub-national Non-State Actors Private Landowners NGOs NOTES FOR EDUCATOR Highlight that at the national level there are a series of actors who may be involved with PAs or affected by decisions related to PAs. It is crucial to understand who these actors are both from a governance perspective and for purposes of legal drafting of a PA law which should include provisions on the assignment of powers and responsibilities to various actors. Explain to the Learners that actors and role-players may broadly be divided into 2 categories, namely: State Actors; and Non-State Actors. State Actors Overall responsibility for PAs may be assigned to a minister and his/her department. The portfolio of the relevant minister/ department should be aligned with conservation (e.g. it could be the ministry of agriculture and fisheries, conservation, natural resources or whatever designation is relevant in the particular jurisdiction). It is also possible that a variety of ministries and departments are involved with PAs, for example, some types of PAs may fall within the purview of the ministry of natural resources, while others are governed by the ministry for agriculture and forestry. The government agencies involved will also be determined by the nature and structure of government in the country. In a unitary state, there may only be one sphere of government that is concerned with conservation, while in federal states there may be national, state/provincial government agencies and perhaps even local authorities that have a conservation mandate. In addition to these agencies, PA law (or other biodiversity related legislation) may also establish statutory bodies (referred to as ‘statutory corporations’ in the PA Law Guidelines) which govern PAs or provide advice to other agencies regarding conservation and PAs. Non-State Actors There are a series of non-state actors that may be affected by or involved with PAs in some way. The following serve as some examples of how such entities may be affected/involved: Private landowners may be affected by a decision to establish a PA on neighbouring or nearby areas as this may impact on the Landowners ability to utilize his/her land. There could also be private landowners who wish to contribute to conservation efforts by establishing PAs on their land. Indigenous communities may be affected by a decision to establish a PA over land on which such people may depend for resources. There may also be indigenous people. Local communities may be affected by decisions relating to PAs - e.g. decision to establish a PA or a management decision which impacts on the ability of community members to utilize the area. Similarly, NGOs or corporations may wish to acquire land with a view to setting up a PA or they own/manage land within a PA. Indigenous Peoples Corporations Local Communities

Overview of PA Concepts
Definition of “Protected Area” Other Relevant Definitions Importance & Value of Protected Areas Management Principles Picture: Monteverde cloud forest reserve in Costa Rica Copyright: IUCN Photo Library / © Gillian Eborn NOTES FOR EDUCATOR Briefly summarise for Learners the key PA Concepts covered in the third part of the Seminar Presentation. PA Governance & Good Governance Institutions & Stakeholders

Course Introduction Basic Legal Concepts Picture: Monteverde cloud forest reserve in Costa Rica Copyright: IUCN Photo Library / © Gillian Eborn NOTES FOR EDUCATOR Then return to the overview of the Seminar Presentation. Highlight that the Seminar Presentation has canvassed the following three areas: Introduction to the Course Introduction to Basic Legal Concepts. Introduction to Basic Protected Area Concepts. Basic PA Concepts

Objectives Introduce the origins of the Course.
Clarify the nature, scope and purpose of the Course. Explain the teaching methodology. Provide a broad overview of the Course content. Picture: Bridge into Rainforest in Costa Rica, August , Britt Reins /Wikimedia Commons/ CC-BY-2.0 NOTES FOR EDUCATOR Re-emphasise the Objectives of the Module. Bring all participants to a common level of understanding on basic legal concepts. Bring all participants to a common level of understanding on basic protected area concepts.

Outcomes Understanding of the origins of and background to the Course.
Clarity on the nature, scope and purpose of the Course. Awareness of the adopted teaching methodology. A sense of the structure of the Course and content to be conveyed. Picture: Trees in Tortuguero National Park, Costa Rica Copyright: IUCN Photo Library / © Imène Meliane NOTES FOR EDUCATOR Re-emphasise the anticipated Outcomes of the Module. Knowledge of basic legal concepts. Knowledge of basic protected area concepts.

Module 1 Seminar Presentation Exercise knowledge transfer skills development Picture: Monteverde cloud forest reserve in Costa Rica Copyright: IUCN Photo Library / © Gillian Eborn NOTES FOR EDUCATOR Conclude by emphasing that this Module comprises of two parts: Seminar Presentation. Exercises. Highlight the different educational rationale underpinning these two parts: Seminar Presentation - Knowledge Transfer. Exercises - Skills Development. Conclude by indicating that will now be undertaking an Exercise which builds on the knowledge conveyed during the Seminar Presentation. Introduction to Course, Law & PAs

Building Capacity on Protected Areas Law & Governance

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