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Examining the coherence of legal frameworks for ecosystem services toward sustainable mineral development in the Association of Southeast Asian Nations

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  • Abcede, Rene
  • Gera, Weena

Abstract

Within the context of growing economic integration in the Association of Southeast Asian Nations (ASEAN), recent questions have been raised with regard to how member states employ law as a means of regional integration to promote sustainable development. Taking into account the primacy of ecosystem services for sustainability, this study examines the coherence of legal frameworks for ecosystem services among ASEAN member states toward a unified regional legal agenda for sustainable mineral development. Analyzed along three aspects of the Ecosystem Services Approach, the paper reviews the different mining related legislations and implementing regulations of member states, and examines whether there is convergence in their legal provisions for ecosystem services. The study shows that all member states provide legal mechanisms for ecosystem management in their mining operations. However, the following could be noted: 1) a lack of coherent identification and targeting of ecosystem services despite ‘intermediate’ services being embedded in provisions for ecosystem conservation; 2) a lack of legal provisions for integration of ecosystem services in mining impact assessments, and for ecosystem services valuation, which render environmental impact assessments, compensation structures and royalty regimes inadequate; and 3) a density of legal differentials around how states allocate regulatory authorities for ecosystem management in mining. These represent a prevailing fragmentation among member states’ legal frameworks for ecosystem services, which does not create an enabling condition for legal integration in ASEAN’s regional mineral strategies for sustainable development.

Suggested Citation

  • Abcede, Rene & Gera, Weena, 2018. "Examining the coherence of legal frameworks for ecosystem services toward sustainable mineral development in the Association of Southeast Asian Nations," Ecosystem Services, Elsevier, vol. 29(PB), pages 228-239.
    • Handle: RePEc:eee:ecoser:v:29:y:2018:i:pb:p:228-239
    DOI: 10.1016/j.ecoser.2017.04.003
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    References listed on IDEAS

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    1. Engel, Stefanie & Pagiola, Stefano & Wunder, Sven, 2008. "Designing payments for environmental services in theory and practice: An overview of the issues," Ecological Economics, Elsevier, vol. 65(4), pages 663-674, May.
    2. James Otto & Craig Andrews & Fred Cawood & Michael Doggett & Pietro Guj & Frank Stermole & John Stermole & John Tilton, 2006. "Mining Royalties : A Global Study of Their Impact on Investors, Government, and Civil Society," World Bank Publications - Books, The World Bank Group, number 7105.
    3. repec:idb:brikps:79743 is not listed on IDEAS
    4. James Otto & Craig Andrews & Fred Cawood & Michael Doggett & Pietro Guj & Frank Stermole & John Stermole & John Tilton, 2006. "Mining Royalties : A Global Study of Their Impact on Investors, Government, and Civil Society, Appendixes," World Bank Publications - Books, The World Bank Group, number 7136.
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    2. Silva, Lauana Blenda & Comini, Indira Bifano & Alves, Eliana Boaventura Bernardes Moura & da Rocha, Samuel José Silva Soares & Jacovine, Laércio Antônio Gonçalves, 2021. "Compensating the negative environmental impacts of mining with financial mechanisms in Brazil," Land Use Policy, Elsevier, vol. 104(C).
    3. T. N. Gavrilyeva & S. I. Boyakova & N. P. Yakovleva & R. I. Bochoeva, 2019. "Compensation of Damage to Indigenous Small-Numbered Peoples of Yakutia from Industrial Development of the Territory," Regional Research of Russia, Springer, vol. 9(3), pages 288-294, July.
    4. Kanokporn Swangjang, 2022. "Linkage of Sustainability to Environmental Impact Assessment Using the Concept of Ecosystem Services: Lessons from Thailand," Sustainability, MDPI, vol. 14(9), pages 1-18, May.

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