Resource information
Thinking about forest management has undergone important changes over the last two decades. These changes have inspired attention to the reform of forest laws on a range of subjects, from forest planning and utilization to governance and trade. From its traditional narrow focus on government control and management of forests, modern forest law has expanded to encompass attention to environmental and social goals and to accommodating the interests of multiple stakeholders in forest management. At the same time, the enforcement dimension of forest law is a higher priority than ever, one that needs modernising to cope with the growing menace and sophistication of illegal logging.The purpose of this paper is to assist in the development and implementation of sound forest law. The study is intended to be a systematic and practical guide to the basic features of modern forestry legislation. It is designed to help not just lawyers but also foresters, economists, and other development professionals to identify legal issues that impinge on forests. It highlights a range of issues that should be considered in assessing the adequacy of forest laws and presents options for addressing those issues in ways that may improve the effectiveness of law as a foundation for sustainable forest management.
Key points include:
the connection of forest laws with other areas of law have become more complex as they have grown in ambition and scope and as other types of laws increasingly impinge, directly or indirectly, on how forests are managed. Hence an appreciation of the role forest law plays within the wider legal system and how other areas of law are likely to affect its shape and operation is crucial
Modern drafters must also refer to international law, where provisions on trade, environment, biodiversity, indigenous peoples, and climate change now influence the options that are available
clear and secure forest tenure is increasingly seen as key to sustainable forest management. Yet property rights in forests are often complex and contested. There is a discrepancy between formal law customary law which often has a strong de facto role. Policymakers concerned with forest, land, and governance issues need to define a balance between state-centric forest laws and customary tenure regimes
planners of forestry laws are required to consider a wide range of ecological and social issues that might previously have been outside their purview
It is important to create roles for multiple institutions with links beyond the forest sector to ensure better coordination on issues that overlap sectors, to promote greater public oversight and monitoring of forest decision-making, to institutionalise public participation, and to encourage greater private sector involvement
Decentralization poses challenges in terms of defining what aspects of forest management can effectively be delegated to local governments and how supervision and fiscal authority should be allocated between central and decentralised forest administrations
law enforcement to be effective, requires a combination of political will and strong financial and human institutional capacity
