Regional Cooperation in Amazonia

A Comparative Environmental Law Analysis


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.

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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).
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

Appendix 1: Amazon Cooperation Treaty
Appendix 2: Protocol of Amendment of the Amazon Cooperation Treaty
appendix 3: Declarations of Presidents of Amazon Countries

All interested in environmental protection of forests, the Amazon rainforest in particular, as well as the impacts of climate change and deforestation.