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Incorporating international biodiversity law principles and rights perspective into the European Union Timber Regulation

Author

Listed:
  • Claudia Ituarte-Lima

    (Stockholm University)

  • Amelie Dupraz-Ardiot

    (Stockholm University)

  • Constance L. McDermott

    (University of Oxford)

Abstract

This article assesses the synergies and conflicts between the Convention on Biological Diversity (CBD) and the European Union Timber Regulation (EUTR), and the potential role of the CBD principles and rights perspective in improving coherence across these diverse forest-related agreements. We find that both the EUTR, which aims to eliminate illegal wood from EU supply chains, and the CBD, with its core focus on biodiversity and healthy ecosystems, share the stated goals of safeguarding biodiversity and local livelihoods. However, the principle of inclusive governance and sustainable use embedded in the CBD conflicts with the EUTR. The EUTR focus on law enforcement asserts the primacy of state laws independently of their sustainability content and alignment with international human rights law. We find that the EUTR risks reinforcing legal frameworks that preference large-scale export production over local forest access, use and benefits. Better aligning the EUTR with CBD safeguards firstly requires opening-up the EUTR rule-making process to broader engagement with affected groups. Secondly, our analysis of both the procedural and substantive dimensions of the EUTR and the CBD safeguards, suggests that opportunities for better alignment lie in the nexus between procedural rights, of which law enforcement forms part of a broader vision of rule of law and conflict resolution, and the strengthening of substantive rights that benefit local forest use and conservation.

Suggested Citation

  • Claudia Ituarte-Lima & Amelie Dupraz-Ardiot & Constance L. McDermott, 2019. "Incorporating international biodiversity law principles and rights perspective into the European Union Timber Regulation," International Environmental Agreements: Politics, Law and Economics, Springer, vol. 19(3), pages 255-272, June.
    • Handle: RePEc:spr:ieaple:v:19:y:2019:i:3:d:10.1007_s10784-019-09439-6
    DOI: 10.1007/s10784-019-09439-6
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    References listed on IDEAS

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    1. Lesniewska, Feja & McDermott, Constance L., 2014. "FLEGT VPAs: Laying a pathway to sustainability via legality lessons from Ghana and Indonesia," Forest Policy and Economics, Elsevier, vol. 48(C), pages 16-23.
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    Cited by:

    1. Jessica Stubenrauch & Beatrice Garske & Felix Ekardt & Katharina Hagemann, 2022. "European Forest Governance: Status Quo and Optimising Options with Regard to the Paris Climate Target," Sustainability, MDPI, vol. 14(7), pages 1-35, April.
    2. Matilda Petersson & Peter Stoett, 2022. "Lessons learnt in global biodiversity governance," International Environmental Agreements: Politics, Law and Economics, Springer, vol. 22(2), pages 333-352, June.
    3. Almut Schilling-Vacaflor, 2021. "Integrating Human Rights and the Environment in Supply Chain Regulations," Sustainability, MDPI, vol. 13(17), pages 1-15, August.
    4. Osman Devrim Elvan & Üstüner Birben & Hasan Emre Ünal, 2021. "The effectiveness of the Bern Convention on wildlife legislation and judicial decisions in Turkey," International Environmental Agreements: Politics, Law and Economics, Springer, vol. 21(2), pages 305-321, June.

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