Forest Law Research Articles

Land privatization and deforestation in a commodity production frontier

AbstractConservation policies often promote land privatization to reduce incentives for deforestation. However, empirical evidence on the relationship between land‐tenure form and forest conservation outcomes is inconclusive. We combined key informant mapping and geospatial analyses to test the association between the area under tenure and the area deforested by extra‐local private and local nonprivate agents in the Argentine Dry Chaco over four decades (1976–2016). The study area is a typical commodity production frontier within a global deforestation hotspot. We found a strong spatial and temporal coupling between the area under tenure and the area deforested by extra‐local private agents from 1987 to 2006, when a 59% increase in the former was accompanied by a 508% increase in the latter. Local private agents maintained high levels of forest cover, similarly to local nonprivate agents. Our findings have implications for the adaptive design of the Forest Law in the Argentine Dry Chaco.

Eighty-six EU policy options for reducing imported deforestation

Eighty-six EU policy options for reducing imported deforestation

Forest Regulatory Frameworks and Outcomes: An Assessment of Flegt and Timber Exploitation Activities in Ghana

The EU Forest Law Enforcement, Governance and Trade (FLEGT) Action Plan in 2003 was aimed at addressing illegal logging and to check the trade of illegal timber products in global markets to ultimately control deforestation and forest loss. Ghana was among the first timber exporting countries to ratify the VPA in the year 2007. This study set out to examine how the ratification and enforcement of the VPA protocols has influenced forest governance and timber harvesting activities in Ghana. In other words, to what extent has the enforcement of FLEGT VPA protocols in Ghana contributed to forest governance and illegal timber trading activities in Ghana? The qualitative case study design was employed to gather data from purposively selected respondents. The study established that VPA implementation has reduced the incentives to engage in illegal logging because the control mechanisms put in place will easily detect illegality tendency of prosecution will be high and the tendency of not meeting international market standards are also high. It emerged the VPA helps check the rots in timber trade and exploitation through its multi-stage transparency and accountability systems which blows those covers with tendency to fuel illicit timber trading activities. The study proposes two clear measures which could help prevent, detect and deter people from such illegal timber trade. Keywords: Forest governance, timber exploitation; timber trade; illegal logging; FLEGT DOI: 10.7176/JRDM/73-03 Publication date: February 28 th 2021

COMMUNICATION SYSTEM IN THE IMPLEMENTATION OF FOREST LAWS IN CARABALLO MAOUNTAIN IN CENTRAL LUZON ,PHILIPPINES

This study aimed to determine the communication system in the implementation of forest laws using the descriptive research method. The respondents utilize 12 communication media, their message format is informational using the Filipino language containing the Forestry Reform Code of the Philippines. The respondents frequently used media was a television with an exposure of four days a week. The respondents were fully aware of the memorandum on cutting down trees; while the Chainsaw Act was not known. Respondents were involved in the implementation of the law. Only 47.50% of the respondents said that they do not let others violate the forest laws indicated.

Историография проблемы правового регулирования лесопользования в русском праве ХIХ – начала ХХ века

Relevance. Several major reforms were carried out in the forestry law of Russia in a short period of time. None of them gave a positive result. At the moment, the state has set itself the goal of developing a new concept of forest management and use of forest resources. The use of the relevant experience accumulated by domestic jurisprudence seems appropriate and even necessary. The Purpose. To study the dominant theoretical concepts in the works of Russian legal scholars of the historical period under consideration, as well as their views on the formation and development of legislation regulating forest management in Russia. Objectives: analysis of research in the field of forest law, published in the 19th - early 20th centuries; assessment of the degree of study of the problem of legal regulation of forest use. Methodology. The research methodology is based on the principles of historicism and objectivity. The method-ological basis of the study is a systematic approach. The comparative-historical method is used, makes it possible to investigate the available sources in close connection with the and the method of logical analysis. Results. The first scientific works in the field of Russian forest law research appeared in the first half of the 19th century. Since that time, the development of legal concepts for the use of forest resources on the basis of the principle of continuity continued until 1917, when new approaches to the state structure radically changed the direction of development of forestry law. Conclusion. During the XIX - early XX centuries. Russian science has gone from a simple description of the facts of the formation and development of legislation in the field of forest resources use to a theoretical substantiation of the state forest policy. Research of foresters and jurists of the XIX - early XX centuries. have not lost their relevance to this day and can be used to improve the legal mechanism for the rational use of forests in modern Russia.

Reduction of sediment yield by riparian vegetation recovery at distinct levels of soil erosion in a tropical watershed

ABSTRACT Riparian vegetation plays an important role in sediment retention, thus reduces sediment yield in watersheds. The Brazilian Forest Law (Law 12,651/2012) requires maintenance of fixed-width buffers of riparian vegetation but allows the continuity of agriculture, livestock, and forestry farming activities in some parts of the Areas of Permanent Preservation (APP). This paper aimed to evaluate sediment reduction by recovering the APPs with vegetation strips of permitted widths (5, 8, 15, and 30 m), as per the Forest Law. We considered three land use scenarios that present distinct erosion rates - predominance of areas with forest cover, pasture, and agriculture. The Soil and Water Assessment Tool (SWAT) model was used to simulate sediment yield in these scenarios at the Jundiaí-Mirim Watershed in São Paulo, Brazil. The SWAT was calibrated and validated for monthly streamflow. We obtained statistical indices for the processes of calibration and validation, respectively, as: NS = 0.77 and 0.70, PBIAS = -10.2 and -12.5, and RSR = 0.48 and 0.55. The highest reduction in sediment yield (30%) was observed with the total recovery of the APPs (vegetation strips of 30 m) in the current land use scenario. The recovery of the APPs with vegetation strips of 5, 8, and 15 m yielded sediment reduction below 10% in the alternative land use scenarios. The APP strips with reduced recovery maintained high rates of sediment yield. Additionally, even with a total recovery of the APP it is necessary to adopt soil conservation practices throughout the basin’s agricultural area to minimize the impacts on water resources.

Untapping the potential of Preferential Trade Agreements to promote forest protection: A comparison on forest-related provisions and their enforcement in the US and EU PTAs

The EU and the US are the actors with the highest number of environmental provisions in their Preferential Trade Agreements. Since 1999, specific rules on forest governance and Sustainable Forest Management have been incorporated in their PTAs. The implementation of such forest-related provisions in PTAs is mostly linked to cooperation among the Parties. However, in cases of noncompliance, PTAs provide for bilateral consultations, the application of the general dispute settlement mechanism, and even trade sanctions. The enforcement approaches differ in the US and the EU PTAs. This study focuses on the question of the potential of PTAs to contribute to forest governance and SFM and analyses the disputes that arose so far. It shows how forest issues may play a key role in negotiating and implementing PTAs, promoting compliance of Multilateral Environmental Agreements, and promoting public participation in environmental matters. The paper concludes that PTAs provide further options to develop and implement International Forest Law beyond the Multilateral Environmental Agreements.

Further Development of a New Concept in Small Scale Forestry: “Forest-Management-Service-Contracts” in Bavaria

The forests in Bavaria cover about one third of its land area or 2.56 Mio hectares (ha) and the major part of this forest is held by private forest owners. Around 700 000 landlords manage approximately 1.4 Mio ha. In Bavaria, about 130 Forest Owner Associations (FOAs) play a key role in managing the small scale forests. In the last years, a new concept in small scale forest management arose, “Forest-Management-Service-Contract” (FMSC). The statutory corporations needed a proper management for their forests accordingly the German forest laws and the FOA took the chance to adopt a new business concept. In Bavaria exist about 3000 forest-management-service-contracts, covering over 40.000 hectares. In a current project “Further development of the successful concept – Forest-Management-Service-Contracts – through economic analysis” will be elaborated a data base for the better understanding of the crucial to success factors of FMSC. The economic analysis of the FMSC will base on business process analysis related to the administration of FMSC, on economic operating figures deviated from a single contract analysis and performance data. This information base aims to optimize the contracting process and to reduce the risks related to unknown hazards of the single FMSC.

A MODEL FOR URBAN FOREST MANAGEMENT PLANNING: ISTANBUL CASE STUDY

Urban forests have become important elements of cities green fabric providing many ecosystem services including recreation. In this study, we proposed a model for urban forest management planning in the example of Istanbul, where urban sprawl has transformed the green infrastructure of the city dramatically. To this purpose, a total of 201 surveys were conducted through faceto-face interviews including those working as managers and technical staff in the forestry organization in Istanbul, academicians and NGOs. Subjects to be surveyed were determined according to the layered-simple random sampling method. The data were evaluated by descriptive statistics based on a variety of opinions about urban forest management planning in Turkey along with various socio-economic variables (gender, profession and experience). Whether there was any statistically significant difference between the groups was determined by Kruskal-Wallis H-Test. In case a difference was found, Duncan s Multiple Range Test was applied to detect the group(s) significantly different from each other. The results revealed that mainly males agreed on the purpose of urban forests as addressing recreational and social needs. All groups highlighted the lack of coordination and poor management system as main problems, while experienced and male subjects addressed that a new urban forest law is necessary. Mainly academicians and representatives of NGO s and related institutions suggested redefining the concept and restructuring the legislation concerning urban forests. In terms of activities, the majority favored hiking and sightseeing activities (51%), photography (42%), and extreme sports (37%). There was an emphasis on the need for sufficient number of hiking, climbing and cycling trails and botanical gardens. As a result, a model plan based on sustainable resource management ensuring multi-purpose utilization was proposed.

Forestry as an object of legal regulation

The article is devoted to the study and analysis of the use of forests, including for agriculture. The use of forests is the central institution of forest law, the concept of “use of forests” is one of the main concepts in the Forest Code of the Russian Federation. The legislator refused to use the terms” forest management law”,” forest management”, which were used in the Forest Code of the Russian Federation in 1997.The meaning of the concept of” forest use “and its relationship with the concept of” forest management”, which is traditionally used in the science of forest law, is defined. From a scientific point of view, the term “forest use” coincides in its meaning with the term “forest management”.

An Investigation of the Factors That Motivated Illegal Settlements in the Mau Forest, Kenya

The Mau Forest has in the recent past elicited serious political and environmental debates regarding its conservation status, as the forest is fast dwindling and the repercussions felt widely across the country. The forest, regarded as the largest indigenous montane forest in east Africa, has been hard hit by land-use changes mainly extensive and ill-planned human settlements. To save the forest, the government has resorted to forced evictions of the settlers. We sought to understand the drivers and causes for the observed illegal settlements in the Mau Forest. To collect data, we conducted focus group discussions and administered household questionnaires on evictees in the South-West and Eastern Mau. Data were analyzed using descriptive and inferential statistics. The results of the binary logistic regression model indicate that Poverty (p = 0.000), Agricultural production (p = 0.000) and Land Given by Government (p = 0.018) contributed significantly to the prediction of people’s motivation of settling in the Mau Forest. In conclusion, population pressure, laxity in forest law enforcement and insecure land tenure and politics were identified as some of the factors that motivated the observed rise in illegal settlements in Mau Forest. Such information on the factors that led to the illegal settlements in Mau Forest would be useful for forest conservation policy makers and managers. It will be a basis upon which interventions can be undertaken to enhance sustainable forest management in Kenya and beyond.

Establishment of the conservation level for forestland and the standards for efficient development

The research objective of this study is to derive the standards for efficient development and the conservation level for the eco-friendly development and the demarcation of forestland among the rural areas. The problems of the classification were discussed through the literature review. To solve the problems, the evaluation criteria were suggested through the Delphi survey and the AHP method. The result of this study showed that the classification criteria for forestland have not been developed from the past framework. Moreover, the classification of the zoning among the rural areas is affected by the distinction between reverse forestland and semi-reserve forestland according to ｢Forest law｣ in 1985. As a result of the Delphi and AHP survey, the derived items for the evaluation of the conservation level and the efficient development were significantly different from the evaluation indexes for the land suitability assessment and the classification criteria of the forestland under the ｢Forest Land Management Law｣. The necessity of reorganizing the classification system for the zoning in the rural areas is brought up as a significant topic by presenting the current issues on classification for the forestland through the legislation analysis. Finally, the evaluation standards from the statistics will contribute to the improvement of eco-friendly standards for developing the forestland and the classification of the zoning in the rural areas.

Indonesian Government’s Strategies on Obtaining Market Access of Wood Products in EU Countries with Forest Law Enforcement, Governance and Trade - Voluntary Partnership Agreement (FLEGT-VPA) (2007-2016)

Forestry has played an important role in Indonesia's economic development. Forestry and related products contribute approximately 3.5 per cent to Indonesia’s GDP and contribute to the livelihoods of 15 million Indonesian people. Major importer countries of Indonesian wood products comprise to several countries including European Union (EU). However, Indonesia export on wood product activities has significant challenge on the legality of forestry and related products. Illegal logging issues in Indonesia have become Indonesia’s major historical problem around the forestry industries. This is related to the issues that most of the wood products produced by the Indonesian timber industry are derived from illegal timber so that buyers from European Union countries are forced to reject the import of these wood products. Thus, the purpose of this article is to analyze Indonesian government strategy to obtain woods market in EU. Following by the issues, Indonesia need to reform the certification system and also the policy reforms to adjust the EU standard regulation. That is why Indonesian government began to cooperate with the European Union through the FLEGT-VPA program.

The potential of agroforestry concessions to stabilize Amazonian forest frontiers: a case study on the economic and environmental robustness of informally settled small-scale cocoa farmers in Peru

Agroforestry Concessions, foreseen by the new Peruvian Forest Law, anticipate integrating thousands of small-scale farmers encroached on public forest land into the formal economy, to strengthen local livelihoods, stimulate land restoration, and halt deforestation. But, there are contrasting opinions regarding the potential of agroforestry and land tenure security to create economically and environmentally robust livelihoods. To better understand the relevance of this potential, this study analyses the economic and environmental robustness of 118 informally settled small-scale cocoa farmers in three districts in the Peruvian Amazon. The study shows that the vast majority of these farmers faced serious obstacles to overcome. Less than 20 % of the households have managed to establish economically robust livelihoods on a robust natural production basis. Farm size, specialization in cocoa, and participation in associations positively influenced the economic performance of the households but had little effect on the quality of natural resource management and on the capacity to conserve forests. To harness the potential of cocoa farming requires long-term support well adapted to local specificities. The legal recognition of sustainable land-use practices on public forest land is a meaningful step. To effectively address deforestation, however, requires broader integrated approaches that go far beyond the promotion of sustainable land-uses.

Voluntary Partnership Agreements: Assessing impacts for better policy decisions

The European Union's Forest Law Enforcement, Governance and Trade (FLEGT) Action Plan is an ambitious strategy to fight illegal logging and its negative impacts. The FLEGT theory of change is based on three types of FLEGT actions, namely timber production, demand, and global timber trade standards and dynamics. FLEGT works in more than a dozen countries through Voluntary Partnership Agreements (VPA). Very few studies exist on the global or country-level impact of the FLEGT-VPA process. We sought to understand the contribution of FLEGT-VPAs in three countries (Cameroon, Ghana, and Indonesia) at different stages of VPA implementation. A uniform methodology was applied to provide cross-cutting results on perceived changes directly linked to the FLEGT expected impacts while allowing for contextual specificities. This approach is designed to be easily replicable in all VPA countries and directly linked to the FLEGT global theory of change. This commentary presents our findings and their implications for policy makers.

Královské lesy v Maiestas Carolina: Monumentalita krajiny a právní pluralismus v procesu utváření suverenity českého království

De juribus regiis silvarum (On the Law of the Royal Forests) is a segment of an unrealised constitutional project for the Kingdom of Bohemia from the mid-fourteenth century (Maiestas Carolina) which is usually interpreted as a law to protect the Royal Forests from arsonists and other criminals to maintain the forests as a source of the king’s revenue. This paper reinterprets the regulation with the emphasis on the interconnection between the Royal Forests and the constitutional mythos of the inalienability of the Kingdom. It suggests that the designation of the Forests to protect the wild (trees, beasts and outlaws) was based not merely on reverence for the king but also on the seclusion of the landscapes from intensive human use by means of a robust material, military-bureaucratic infrastructure (castles, roads...) which was equally meant to establish the Forests as an autonomous and constitutive pillar of the Kingdom’s sovereignty. It shows how the monumental landscape of the Royal Forests acquired a specific legitimacy function in terms of heterogeneous space and legal pluralism in the Kingdom, which is contrasted to the national territoriality and House metaphorics of modern State sovereignty. The paper further analyses the remarkable societal arrangement of the Maiestas Carolina Forest Court, which represents a unique configuration for the resolution of conflicts between various legal units and micro-sovereignties situated within the landscape of the Kingdom.

Impact of a Media Campaign on Consumers’ Purchasing Intentions of Legal Timber in Cameroon

Illegal logging is a key driver of deforestation in tropical countries and benefits a large number of stakeholders, including urban domestic buyers. Changing the latter’s purchasing behavior could produce significant shifts in the illegal trade market. Based on survey data (n= 463), this paper assesses the impact of a media campaign on consumers’ purchase intentions for legal timber and wooden furniture in Yaoundé and analyses the underlying psychological mechanisms. Combining covariate matching and mediation analysis, we found a significant positive effect of the media campaign on the declared intention to purchase legally-sourced timber and the mediation effect of two out of three precursors of the theory of planned behaviors, namely attitude and subjective norms. This study provides critical inputs to frame future media campaign messages and, by demonstrating some consumers’ interest in legal timber, to strengthen the domestic legitimacy of policies such as the Forest Law Enforcement, Governance and Trade.

Концепция проекта Федерального закона «Лесной кодекс Российской Федерации»

This paper presents a concept draft bill of the Federal Law “Forest Code of the Russian Federation”, which proposes some new approaches to public forest management improvement. The related questions had been discussed during scientific debates held by the Scientific Council of the Russian Academy of Sciences on forests in 2015–2019. The goal of the draft bill is to modernise the forest law of the Russian Federation to bring it in line with changes in the state of forests, their increasing role in climate regulation and other ecosystem services, as well as the further development of market relations in the Russian economy. The Concept Paper is based on an idea of a transition from the development of natural forests as a source of timber to the organisation of economic activities aimed at the cultivation of highly productive forest stands on available forest land. Provisions aimed at developing economic mechanisms to ensure forestry profitability in a market economy, both through forest products and ecosystem services, make up an important part of the Concept Paper. Approaches to the further development of public and private forest management, which will improve the efficiency of forest use, protection, conservation and regeneration, are outlined. Legal mechanisms for improving the public forest management system and forms of state and business participation in forest management are proposed.

VITAMIN-MINERAL ISOTONIC DRINKS WITH SPIRULINA IN SPORTS NUTRITION

Aim. The paper is aimed at developing isotonic vitamin and mineral drinks with spirulina, fruits and Siberian berries. Materials and Methods. Spirulina microalgae (Royal Forest, TU 03.21.49-009-29903295-2017) was purchased at the Healthy Food Products specialized store. The physicochemical parameters of spirulina powder were determined in accordance with GOST 31412-2010. The mineral composition of spirulina was studied by atomic emission spectroscopy (AES) using the Thermo Scientific iCaP-6500 DUO spectrometer and the iTEVA software package. The determination of vitamin content was carried out in accordance with GOST and pharmacopoeial standards. Directions for creating isotonic vitamin and mineral drinks with spirulina, fruits and berries were determined based on organoleptic criteria. Results. The mineral composition of spirulina (Royal Forest) was determined, and the content of macro- and microelements in spirulina was correlated with physiological norms for satisfying daily demand of an adult. It is shown that microalgae are a source of iron and copper as the content of these minerals in 100 g of the product reaches 27.9 and 66.3 % of recommended daily intake, respectively. When studying the content of vitamins, it was found that thiamine and riboflavin showed the best indicators of ensuring daily demand of vitamins – 18.5 and 26.3 %, respectively. Based on the assessment of organoleptic properties, the recipes for isotonic vitamin and mineral drinks made of spirulina, fruits and berries are presented. Conclusion. It is shown that isotonic vitamin and mineral fruit and berry drinks with spirulina contain a vitamin-mineral complex and are characterized by increased nutritional and biological value. Such drinks can be recommended for extreme conditions and sports nutrition, including faster and better recovery after heavy physical exertion.

Differences in Forest Use Strategies for Cash Income between Households Living outside and inside Selectively Logged Production Forests in Myanmar

In many tropical regions, rural households often depend on forests for cash income, but there is still little knowledge on how forest use strategies differ among people living in different locations. This study aimed to detect differences in forest use strategies and forest cash income dependency between households living outside and inside selectively logged production forests, known as Reserved Forests (RFs), in Bago Township, Myanmar. A questionnaire survey was conducted with 146 and 48 households living outside and inside the RFs, respectively. The inside-households (encroachers) had a much higher forest cash income dependency (83%), with charcoal production as the main forest use activity, than the outside-households (32%), with bamboo cutting as the main activity. Higher forest dependency was found for outside-households that had less farmland, better accessibility to forest and more recognition of prohibited access to RFs in forest law. This study revealed evidence of substantial forest use for commercial purposes in RFs by households living both inside and outside the RFs, despite local recognition of the illegality of the use. Implementing community forestry practices for local communities may be a better option to reduce illegal dependence on selectively logged production forests.