This work is a product of the staff of The World Bank with external contributions. The findings, interpretations, and conclusions expressed in this work do not necessarily reflect the views of The World Bank, its Board of Executive Directors, or the governments they represent. The World Bank does not guarantee the accuracy of the data included in this work. The boundaries, colors, denominations, and other information shown on any map in this work do not imply any judgment on the part of The World Bank concerning the legal status of any territory or the endorsement or acceptance of such boundaries. Nothing herein shall constitute or be considered to be a limitation upon or waiver of the privileges and immunities of The World Bank, all of which are specifically reserved.

This work is a product of the staff of The World Bank with external contributions. The findings, interpretations, and conclusions expressed in this work do not necessarily reflect the views of The World Bank, its Board of Executive Directors, or the governments they represent. The World Bank does not guarantee the accuracy of the data included in this work. The boundaries, colors, denominations, and other information shown on any map in this work do not imply any judgment on the part of The World Bank concerning the legal status of any territory or the endorsement or acceptance of such boundaries. Nothing herein shall constitute or be considered to be a limitation upon or waiver of the privileges and immunities of The World Bank, all of which are specifically reserved.

No abstract

The Policy Research Working Paper Series disseminates the findings of work in progress to encourage the exchange of ideas about development issues. An objective of the series is to get the findings out quickly, even if the presentations are less than fully polished. The papers carry the names of the authors and should be cited accordingly. The findings, interpretations, and conclusions expressed in this paper are entirely those of the authors. They do not necessarily represent the views of the International Bank for Reconstruction and Development/World Bank and its affiliated organizations, or those of the Executive Directors of the World Bank or the governments they represent.

This paper aims to clarify two distinct but complementary questions on economic and legal additionality in the payments for environmental services (PES) debate based on examples from the literature and direct observations made in Madagascar and Mexico. For the economic dimension of additionality, we explain two ‘regimes of justification’, efficiency on the one hand and social equity on the other, and discuss how analysts position themselves with regard to both regimes. For the legal dimension, we review and analyse specific cases in which PES are implemented in addition to existing environmental regulations. We propose a renewed framework of analysis to distinguish ‘compensation’ and ‘reward’ in PES by crossing the opportunity cost dimension and the legal constraint vis‐à‐vis the environment. We show how difficult it is to fully maintain the objective of efficiency when PES are implemented simultaneously across different combinations of opportunity costs and regulation constraints. We propose policy options to address the contradiction between incentive and coercive instruments. These options are land sparing, social targeting and chronological combinations. Copyright © 2017 John Wiley & Sons, Ltd and ERP Environment