REDD+, Transparency, Participation and Resource Rights: The Role of Law

14 Pages Posted: 22 Jun 2010

See all articles by Rosemary Lyster

Rosemary Lyster

The University of Sydney Law School

Date Written: June 21, 2010

Abstract

One of the crucial questions which emerges in the context of REDD is how the rights of indigenous peoples and local communities will be protected. These rights include the rights of sharing in the financial benefits of REDD , the rights to participate in decision-making around REDD schemes, and the rights to have their knowledge about forestry resources respected. Each of these issues depends on the extent to which they have some sort of claim to, or tenure over, tropical rainforests. While the REDD Advance Negotiating Text is ‘groundbreaking’ for including references to the rights of indigenous peoples, and local communities, the implementation of these rights requires clarity with respect to the type of tenure which grants property rights in forest carbon. In addition, the rights cannot be simply asserted without undertaking a detailed legal analysis of transparency norms, legal standing and transparent access to decision-making in each tropical rainforest country.

Keywords: REDD , indigenous peoples and local communities, forest tenure, transparency norms, legal standing, access to decision-making

JEL Classification: K10, K30, K32, K33

Suggested Citation

Lyster, Rosemary, REDD+, Transparency, Participation and Resource Rights: The Role of Law (June 21, 2010). Sydney Law School Research Paper No. 10/56. Available at SSRN: https://ssrn.com/abstract=1628387

Rosemary Lyster (Contact Author)

The University of Sydney Law School ( email )

New Law Building, F10
The University of Sydney
Sydney, NSW 2006
Australia

Register to save articles to
your library

Register

Paper statistics

Downloads
351
rank
82,670
Abstract Views
1,419
PlumX Metrics