USD $200.00
Regional Cooperation in Amazonia
A Comparative Environmental Law Analysis
Series: - International Environmental Law, Volume: 13
Author:
In
Regional Cooperation in Amazonia: A Comparative Environmental Law Analysis, Maria Antonia Tigre provides a broad overview of the international, regional and national law applied to the Amazon rainforest and investigates efforts at regional cooperation for the protection of the Amazonian ecosystem. For the last four decades, cooperation among the eight countries in which the rainforest lies was primarily induced by the Amazon Cooperation Treaty (ACT). Originally adopted to ensure national sovereignty, the ACT gradually evolved towards a framework for sustainable development.
Based on the challenges faced by the treaty and its subsequent instruments, Maria Antonia Tigre analyzes ways in which the ACT can be more effectively applied, leading to practical results that reduce deforestation. These specifically relate to the enforceability of the right to the environment, the implementation of protected areas, and the development of financial mechanisms to fund initiatives.
Based on the challenges faced by the treaty and its subsequent instruments, Maria Antonia Tigre analyzes ways in which the ACT can be more effectively applied, leading to practical results that reduce deforestation. These specifically relate to the enforceability of the right to the environment, the implementation of protected areas, and the development of financial mechanisms to fund initiatives.
Maria Antonia Tigre, LL.M. (2014), Elisabeth Haub School of Law at Pace University, is a senior environmental attorney at the Cyrus R. Vance Center for International Justice. She has published articles on the legal frameworks of forest-rich countries and climate change, including
Cooperation for Climate Mitigation in Amazonia: Brazil’s Emerging Role as a Regional Leader (2016).
Preface
Acknowledgments
List of Illustrations
Abbreviations and Acronyms
1 Introduction
1.1 Geography of Amazonia
1.2 How to Define Amazonia
1.3 About This Book
2 History of Amazonia and Amazonian Deforestation
2.1 Occupation before Colonization
2.2 European Colonization
2.3 Independence
2.4 Military Regimes and Amazonian Occupation to Protect Borders
2.5 Reestablished Democracies
2.6 Conclusion
3 Threats to the Amazon Rainforest: Deforestation and Climate Change
3.1 Deforestation
3.2 Causes of Deforestation
3.2 Climate Change and Amazonia
3.4 Emissions in Amazonia
3.5 Conclusion
4 Early forms of Regional Cooperation: From Bilateral Agreements to Regional Integration
4.1 International Boundaries, Free Navigation, and Border Security
4.2 Environmental Agenda at the Global Level
4.3 Bilateral Agreements and the Idea for Binational Parks
4.4 Foundations of Regional Cooperation
4.5 Negotiations for an Amazon Club
4.6 Conclusion
5 First Period of Cooperation Within the
act’s
Framework (1978–1989): The Defensive-Protectionist Phase
5.1 Principles of the Act
5.2 Territorial Scope of the Act
5.3 Duration, Reservation and Dispute Resolution
5.4 Member Countries’ Rights
5.5 Member Countries’ Duties
5.6 Ratification
5.7 Institutional Structure of the
act
5.8 Initial Development of Cooperation
5.9 Developments in International Forest Law
5.10 Conclusion
6 Second Period of Cooperation within the
act’s
Framework (1989–1994): Boost and Political Strengthening
6.1 1989 Manaus Declaration
6.2 1992 Manaus Declaration
6.3 1992 United Nations Conference on Environment and Development
(unced)
, Rio de Janeiro
6.4 Forest Certification
6.5 Institutional Development
6.6 Conclusion
7 Third Period of Cooperation within the
act’s
Framework (1995–2002): Institutional Maturity
7.1 Institutional Development
7.2 The Amazon Cooperation Treaty Organization
7.3 Financial Mechanism and External Assistance
7.4 Environmental Agenda
7.5 Developments in International Forest Law
7.6 Conclusion
8 Fourth Period of Cooperation Within the
act’s
Framework (2002–2009): Institutional Visibility
8.1 Institutional Development
8.2 The 2004–2012 Strategic Plan
8.3 Implementation of the Strategic Agenda
8.4 Institutional Crisis
8.5 Environmental Agenda
8.6 Developments in International Forest Law
8.7 Conclusion
9 Fifth Period of Cooperation within the
act’s
Framework (2009–2017): Revitalizing the
acto
9.1 Relaunch of the
acto
9.2 Strategic Agenda of Amazon Cooperation
(aeca)
9.3 Implementation of the Strategic Agenda
9.4 Environmental Agenda
9.5 Developments in International Forest Law
9.6 Conclusion
10 Critical Analysis of the
act/acto
10.1 Should Forests be Regulated at the Regional Level? An Analysis of Forest Regulation at the Global, Regional, and National Levels
10.2 Is the
acto
the Appropriate Forum
10.3 How Can the
acto
Achieve Tangible Results
10.4 Experience from Brazil
10.5 Conclusion
11 Environmental Protection
11.1 Gaps in Regional Cooperation
11.2 Substantive Right to the Environment
11.3 Individual Duty to Protect the Environment
11.4 State’s Duty to Protect the Environment
11.5 Balance between Economic Development and Environmental Protection
11.6 Constitutional Protection of the Amazon Rainforest
11.7 Conclusion
12 Protected Areas
12.1 Protected Areas and Indigenous Territories in Amazon Countries
12.2 Deforestation in Protected Areas and Indigenous Territories
12.3 The Case for a Regional Effort for Protected Areas
12.4 Existing Regional Approaches for Protected Areas
12.5 Brazil’s Amazon Region Protected Areas Program (Arpa)
12.6 Transboundary Protected Areas
(tba)
12.7 Privately Protected Areas
12.8 Conclusion
13 Financial Mechanisms
13.1 Colombia’s Amazon Vision
13.2 Brazil’s Amazon Fund
13.3 Guyana-Norway Partnership
13.4 Ecuador’s Yasuní-
itt
Initiative
13.5 Socio Bosque Program in Ecuador
13.6 Conclusion
14 Stakeholders in Amazonia
14.1 Relevance of Stakeholders
14.2 Environmental Institutions in Amazon Countries
14.3 Amazonian Research Institutions
14.4 National Institutions Participating in Regional Cooperation
14.5 Participation of Third Parties and the Role of Multiple Stakeholders
14.6 Conclusion
Appendices
Appendix 1: Amazon Cooperation Treaty
Appendix 2: Protocol of Amendment of the Amazon Cooperation Treaty
appendix 3: Declarations of Presidents of Amazon Countries
Bibliography
Index
Acknowledgments
List of Illustrations
Abbreviations and Acronyms
1 Introduction
1.1 Geography of Amazonia
1.2 How to Define Amazonia
1.3 About This Book
2 History of Amazonia and Amazonian Deforestation
2.1 Occupation before Colonization
2.2 European Colonization
2.3 Independence
2.4 Military Regimes and Amazonian Occupation to Protect Borders
2.5 Reestablished Democracies
2.6 Conclusion
3 Threats to the Amazon Rainforest: Deforestation and Climate Change
3.1 Deforestation
3.2 Causes of Deforestation
3.2 Climate Change and Amazonia
3.4 Emissions in Amazonia
3.5 Conclusion
4 Early forms of Regional Cooperation: From Bilateral Agreements to Regional Integration
4.1 International Boundaries, Free Navigation, and Border Security
4.2 Environmental Agenda at the Global Level
4.3 Bilateral Agreements and the Idea for Binational Parks
4.4 Foundations of Regional Cooperation
4.5 Negotiations for an Amazon Club
4.6 Conclusion
5 First Period of Cooperation Within the
5.1 Principles of the Act
5.2 Territorial Scope of the Act
5.3 Duration, Reservation and Dispute Resolution
5.4 Member Countries’ Rights
5.5 Member Countries’ Duties
5.6 Ratification
5.7 Institutional Structure of the
5.8 Initial Development of Cooperation
5.9 Developments in International Forest Law
5.10 Conclusion
6 Second Period of Cooperation within the
6.1 1989 Manaus Declaration
6.2 1992 Manaus Declaration
6.3 1992 United Nations Conference on Environment and Development
6.4 Forest Certification
6.5 Institutional Development
6.6 Conclusion
7 Third Period of Cooperation within the
7.1 Institutional Development
7.2 The Amazon Cooperation Treaty Organization
7.3 Financial Mechanism and External Assistance
7.4 Environmental Agenda
7.5 Developments in International Forest Law
7.6 Conclusion
8 Fourth Period of Cooperation Within the
8.1 Institutional Development
8.2 The 2004–2012 Strategic Plan
8.3 Implementation of the Strategic Agenda
8.4 Institutional Crisis
8.5 Environmental Agenda
8.6 Developments in International Forest Law
8.7 Conclusion
9 Fifth Period of Cooperation within the
9.1 Relaunch of the
9.2 Strategic Agenda of Amazon Cooperation
9.3 Implementation of the Strategic Agenda
9.4 Environmental Agenda
9.5 Developments in International Forest Law
9.6 Conclusion
10 Critical Analysis of the
10.1 Should Forests be Regulated at the Regional Level? An Analysis of Forest Regulation at the Global, Regional, and National Levels
10.2 Is the
10.3 How Can the
10.4 Experience from Brazil
10.5 Conclusion
11 Environmental Protection
11.1 Gaps in Regional Cooperation
11.2 Substantive Right to the Environment
11.3 Individual Duty to Protect the Environment
11.4 State’s Duty to Protect the Environment
11.5 Balance between Economic Development and Environmental Protection
11.6 Constitutional Protection of the Amazon Rainforest
11.7 Conclusion
12 Protected Areas
12.1 Protected Areas and Indigenous Territories in Amazon Countries
12.2 Deforestation in Protected Areas and Indigenous Territories
12.3 The Case for a Regional Effort for Protected Areas
12.4 Existing Regional Approaches for Protected Areas
12.5 Brazil’s Amazon Region Protected Areas Program (Arpa)
12.6 Transboundary Protected Areas
12.7 Privately Protected Areas
12.8 Conclusion
13 Financial Mechanisms
13.1 Colombia’s Amazon Vision
13.2 Brazil’s Amazon Fund
13.3 Guyana-Norway Partnership
13.4 Ecuador’s Yasuní-
13.5 Socio Bosque Program in Ecuador
13.6 Conclusion
14 Stakeholders in Amazonia
14.1 Relevance of Stakeholders
14.2 Environmental Institutions in Amazon Countries
14.3 Amazonian Research Institutions
14.4 National Institutions Participating in Regional Cooperation
14.5 Participation of Third Parties and the Role of Multiple Stakeholders
14.6 Conclusion
Appendices
Appendix 1: Amazon Cooperation Treaty
Appendix 2: Protocol of Amendment of the Amazon Cooperation Treaty
appendix 3: Declarations of Presidents of Amazon Countries
Bibliography
Index
All interested in environmental protection of forests, the Amazon rainforest in particular, as well as the impacts of climate change and deforestation.