(Mis)Adapting Domestic Law to Meet New International Environmental and Trade Rules: How Peru Changed Its Environmental and Land Use Rights Laws in Response to the European Union Deforestation Regulation

Abstract

Abstract International and domestic laws are being enacted or adjusted to implement climate goals, such as to fight deforestation—a key source of carbon emissions in tropical countries like Peru. These laws are increasingly connecting trade and the environment and becoming more intertwined at the national and international levels. This analysis reviews Peru’s recent change of its domestic environmental and land tenure laws partially in response to the European Union Deforestation Regulation (EUDR) as one recent example of the complexities involved in this interaction. Promoters of this legislative change in Peru frame it as a necessary alignment with the EUDR, but environmentalists argue that it is an excuse to weaken domestic forest protection rules, contrary to the intentions of the EUDR. This case study shows the importance of understanding the specific context of each of the countries targeted by new international zero-deforestation rules and highlights the tensions these new policies can encourage.