Regional Cooperation in Amazonia: A Comparative Environmental Law Analysis

Copyright

Dedication

Contents

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 (TBPA)

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 Ecuador’s Socio Bosque Program

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

Index