The Impact of Climate Change Mitigation on Indigenous and Forest Communities

Tehan, Maureen; Godden, Lee; Young, Margaret A.; Gover, Kirsty

doi:10.1017/9781139696609

Cited by 14 publications

(6 citation statements)

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“…This understanding of REDD+ as a dynamic and expanding project also suggests the limitations of some of the rather diverse terminology used to describe REDD+, including: 'scheme', 'programme', 'policy approaches', 'mitigation actions', 'activities' and 'guidance'. 101 Increasingly, REDD+ is described as a 'regime', often in order to facilitate analysis of how it interacts with other legal regimes within an increasingly fragmented legal space. 102 However, unlike traditional definitions of regimes, REDD+ is not characterised by a coalescing of norms, decision-making procedures and organisations around a functional issue area, 103 because it does not establish overarching, unitary institutional arrangements.…”

Section: Redd+: Between Vision and Actualisationmentioning

confidence: 99%

Reconsidering REDD+

Dehm¹

2021

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In Reconsidering REDD+: Authority, Power and Law in the Green Economy, Julia Dehm provides a critical analysis of how the Reducing Emissions from Deforestation and Forest Degradation (REDD+) scheme operates to reorganise social relations and to establish new forms of global authority over forests in the Global South, in ways that benefit the interests of some actors while further marginalising others. In accessible prose that draws on interdisciplinary insights, Dehm demonstrates how, through the creation of new legal relations, including property rights and contractual obligations, new forms of transnational authority over forested areas in the Global South are being constituted. This important work should be read by anyone interested in a critical analysis of international climate law and policy that offers insights into questions of political economy, power, and unequal authority.

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Section: Redd+: Between Vision and Actualisationmentioning

confidence: 99%

Reconsidering REDD+

Dehm¹

2021

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“…The United Nations Framework Convention on Climate Change COP, for example, has issued "safeguards" to ensure that forest-related emissions reduction policies "complement or are consistent with the objectives of national forest programmes and relevant international conventions and agreements." 24 Yet the incentive for states to provide information about their compliance with these safeguards comes from their desire to attract climate finance, 25 which is a different scenario from the one currently envisaged for BBNJ.…”

Section: The Creation Of a New Institutionmentioning

confidence: 99%

Biodiversity Beyond National Jurisdiction: Regimes and Their Interaction

Young¹,

Friedman

2018

AJIL Unbound

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International efforts to better conserve the marine biological diversity of areas beyond national jurisdiction (BBNJ) through a new international legally binding instrument 1 are developing in a context of established norms and institutions. Existing regimes already address specific marine sectors (such as shipping), regions (such as fishing in the South East Atlantic), species (such as whales), and even underlying customary international law and territorial concepts (including the boundaries of the "high seas" 2 ). States have agreed that they will not "undermine" these existing frameworks. 3 We seek to contextualize this commitment within the fragmentation of international law and the interaction between regimes. 4 We argue that international law-making should not be overly restricted by deference to existing competencies and mandates, which are fluid and asymmetrically supported. An inclusive and adaptive approach to existing and future institutions is vital in the ongoing quest for integrated and effective oceans governance. A New Implementing Agreement and Relevant RegimesNegotiations for the new instrument will address the marine biological diversity of areas beyond national jurisdiction with a focus on marine genetic resources, including questions on the sharing of benefits, measures such as area-based management tools, including marine protected areas, environmental impact assessments and capacity-building and the transfer of marine technology. 5 These elements reflect a long-standing recognition of unsustainable ocean use and management in areas that are not subject to the sovereignty of coastal states. Negotiations will thus elaborate a text that aims to improve on the * Associate Professor, Melbourne Law School.

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“…However, scholars of both disciplines have also pointed out that the process of constitutionalisation is inherently contested, implying that contestation across legal spheres 'does not (necessarily) descend into conflict but can productively produce new institutions at the domestic and global level' (Lang and Wiener 2017: 4; see also Tehan et al 2017). In our view, the consequences of the growing institutional density for global order are thus far from established (see also Peters 2017;Meggido 2019).…”

Section: Introductionmentioning

confidence: 97%

After fragmentation: Norm collisions, interface conflicts, and conflict management

Kreuder-Sonnen

Zürn

2020

Glob. Con.

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Fragmentation, institutional overlaps, and norm collisions are often seen as fundamental problems for the global (legal) order. Supposedly, they incite conflict and disorder. However, some scholars have also emphasised functional and normative advantages of the resulting institutional pluralism. We argue that the consequences of the increasing international institutional density are conditional on whether and how different norms, institutions, and authorities are coordinated. In distinction from the fragmentation framework in international law and the regime complexity framework in international relations, this introduction outlines an interface conflict framework that enables important insights into this question and guides the contributions assembled in this issue. It zooms in on the micro-level of conflict between actors that justify incompatible positional differences with reference to different international norms. In particular, the concept of interface conflicts allows studying the conditions under which overlaps and norm collisions become activated in conflicts as well as the ways in which such conflicts are handled. Foreshadowing the main findings of the contributions to this Special Issue, we hold that interface conflicts are neither inevitable nor unmanageable. Most importantly, it seems that, more often than not, conflicts stimulate cooperative forms of management and contribute to the building of inter-institutional order.

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The Impact of Climate Change Mitigation on Indigenous and Forest Communities

Cited by 14 publications

References 0 publications

Reconsidering REDD+

Reconsidering REDD+

Biodiversity Beyond National Jurisdiction: Regimes and Their Interaction

After fragmentation: Norm collisions, interface conflicts, and conflict management

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