scholarly journals Constitutional Basis of Polish Forest Law

2016 ◽  
pp. 7
Author(s):  
Jan Chmielewski
Keyword(s):  
Forest Law

Waldpolitischer Jahresrückblick 2013

2014 ◽  
Vol 165 (5) ◽  
pp. 105-112
Author(s):  
Willi Zimmermann
Keyword(s):  
Spatial Planning ◽  
Forest Policy ◽  
Federal Court ◽  
Annual Review ◽  
Lower Court ◽  
Forest Exploitation ◽  
Forest Law ◽  
Harmful Organisms ◽  
European Forest ◽  
The One

Annual review of forest policy 2013 At the federal level, forest policy in 2013 was marked by a high number of implementation tasks on the one hand, and by the preparation of a renewed revision of the Forest Law on the other hand. The latter involved not only formal changes to individual legal articles, but also new regulations to protect against dangerous and harmful organisms, about the advancement of timber production and climate change adaptation. The traditional implementation tasks in 2013 included the approval of the budget, the controlling of different program agreements, the processing of parliamentary interventions as well as providing diverse documents. Particularly noteworthy this past year was a Federal Court decision, which, in contradiction to the cantonal lower court, classified test-drilling in a forest as a disadvantageous non-forest exploitation that requires authorization. At the international level, the adoption of a European Forest Convention was hindered primarily because the decision about the location of the secretariat stalled. In terms of forest-relevant policies, particularly spatial planning and energy policy can be expected to have noticeable effects on forests.

Der Wald im Lichte der neueren bundesgerichtlichen Rechtsprechung | Forest legislation in the recent jurisdiction of the Federal Supreme Court

2009 ◽  
Vol 160 (9) ◽  
pp. 263-274
Author(s):  
Alois Keel ◽  
Willi Zimmermann
Keyword(s):  
Supreme Court ◽  
Federal Law ◽  
Large Scope ◽  
Forest Law ◽  
Federal Jurisdiction ◽  
Forest Legislation ◽  
Definition Of ◽  
Forest Status ◽  
Area Planning ◽  
Federal Supreme

With the entry into force of the new Swiss Federal Law on Forests on the 1st of January 1993, the basis of decision-making for the Federal Supreme Court concerning forestry issues has, at least formally, fundamentally changed. This article depicts the development of the Federal Supreme Court's jurisdiction during 2000–2008 concerning the legislation on forests. The analysis of about 100 decisions reveals that the federal jurisdiction has, with regard to contents, barely changed in comparison to that of the federal law on supervision of the forest police of 1902. The most frequent causes of dispute are assessments of forest status, authorizations for deforestation, and forest distance regulations. The Federal Supreme Court merely refined the jurisdiction; it did not, or did not need to disclose fundamentally new lines [benchmarks]. It rather adheres to the restrictive definition of forest and the strict conservation of forests, while the cantons do not dispose of a large scope for the deforestation jurisdiction or the definition of the term “forest”. The Federal Supreme Court grants the cantons more freedom to regulate and implement the forest distance. Obvious changes can be observed concerning the number of forest law cases that have been dealt with by the Federal Supreme Court. Compared to the 1980ies and early 1990ies, they have decreased by more than half. Among others, reasons for this decrease are the cantons' obligation to appoint courts only as last cantonal resort, the improvement of the formal and material coordination of the proceedings, and the introduction of the “static forest term” with respect to building zones in the sense of the federal law on area planning.

Waldpolitischer Jahresrückblick 2014

2015 ◽  
Vol 166 (4) ◽  
pp. 238-245
Author(s):  
Willi Zimmermann ◽  
Kathrin Steinmann ◽  
Eva Lieberherr
Keyword(s):  
Public Administration ◽  
Spatial Planning ◽  
Forest Policy ◽  
Federal Court ◽  
Annual Review ◽  
Forest Sector ◽  
Court Decisions ◽  
The Public ◽  
Forest Law ◽  
Council Of State

Annual review of Swiss forest policy 2014 Swiss forest policy in 2014 was marked by the passage of the Federal Council's message and draft of an amendment of the Forest Law, which was also treated by the Council of State's Commission for Environment, Spatial Planning and Energy and by the Council of State itself. This revision affects more than 20 articles of the current Forest Law. Despite these numerous alterations, the revision has not caused major debates. The forest-relevant parliamentary interventions decreased drastically in 2014, but since the beginning of 2015 a countertrend is notable. The forest budget remained practically the same as in previous years. The number of federal court decisions in relation to the forest sector has stayed small. Yet there are increasingly significant cantonal court decisions in this domain. In terms of broader forest policy, the public administration has mainly undertaken new standpoints regarding spatial planning and energy policies.

Waldpolitischer Jahresrückblick 2010 | Annual review of swiss forest policy 2010

2011 ◽  
Vol 162 (5) ◽  
pp. 137-145 ◽  
Author(s):  
Willi Zimmermann
Keyword(s):  
Spatial Planning ◽  
Forest Conservation ◽  
Forest Policy ◽  
Value Added ◽  
Political Agenda ◽  
Annual Review ◽  
Forest Law ◽  
One Step ◽  
Climate Convention ◽  
Article 5

In 2010, there were no major forest policy issues that attracted media attention. The year 2010 was rather marked by the preparation of decisions “offstage” and by recurring administrative implementation activities. The partial revision of the forest law, which has been launched, can be regarded as special, because it is not a routine affair: the Committee for the Environment, Spatial Planning and Energy of the Council of States decided to revise particularly article 7 (compensation for deforestation) and article 10 (assessing forest status) of the forest law, and thus loosen the strict regime for forest conservation. Concerning the sectoral policies related to forest, the parliament took the law on spatial planning (RPG) one step further towards its revision. With the proposed revision of the spatial planning law's article 5 (value-added charge) a forest policy relevant article is now up for discussion. Different forest relevant topics on the international political agenda were discussed during the two international conferences on biodiversity and climate convention just as during the treatment of the alpine and the landscape convention. Next year the discussions will presumably be about the future forest conservation policy.

Indonesian Law

2018 ◽  
Author(s):  
Tim Lindsey ◽  
Simon Butt
Keyword(s):  
Environmental Law ◽  
Customary Law ◽  
State Agencies ◽  
Court Decisions ◽  
Banking Competition ◽  
Inheritance System ◽  
Wide Range ◽  
Forest Law ◽  
Comprehensive Survey ◽  
The Law

This book explains Indonesia’s complex legal system and how it works. Covering a wide range of substantive topics from public to private law, including commercial, criminal, and constitutional law, it is the first comprehensive survey of Indonesian law in English. Offering clear answers to practical problems of current law, each chapter sets out relevant laws and leading court decisions, accompanied by an explanation of how the law works in practice, with an analytical critique. The book begins with an account of Indonesia’s Constitution and the key state agencies, before moving to the lawmaking process, decentralization, the judicial system and court procedure, and the legal profession (advocates, notaries, and legal aid). Part II covers traditional customary law (adat), land law, and environmental law, including forest law. Part III focuses on criminal law and procedure, including investigation, arrest, trial, sentencing, and appeals. It also covers human rights law and the law on corruption. Part IV deals with civil law, and covers civil liability, contracts, companies and other business vehicles, labour, foreign investment, taxation, insolvency, banking, competition, and media law. The book concludes in Part V with an account of Indonesia’s complex family law and inheritance system for both Muslims and non-Muslims. The book has an extensive glossary of legal terms, and detailed tables of legislation and court decisions, designed as unique resources for lawyers, policymakers, and researchers.

Natural resource and post-resource relations: the hierarchy of branches and the ratio of subjects

2021 ◽  
Vol 12 (3) ◽  
Author(s):  
Deineha Maryna ◽  
◽  
Marinich Volodymyr ◽  
Keyword(s):  
Public Relations ◽  
Natural Resources ◽  
Natural Resource ◽  
Social Relations ◽  
Legal System ◽  
Legal Regulation ◽  
Human Needs ◽  
Forest Law ◽  
Environmentally Sound ◽  
The Relationship

The article examines the place of Natural Resource Law and post-resource branches of law in the legal system, proposes a hierarchy of these branches and outlines the relationship between the subjects of natural resource and post-resource relations. The subject of legal regulation of Natural Resource Law is defined as qualitatively homogeneous natural resource relations, consisting of the use and reproduction of natural resources – a legally defined part of the environment that have signs of natural origin and are in ecological relationship with the environment and with each other, can be used as a source of meeting human needs. All natural resources, as well as the relationship to their use and reproduction, are closely linked. This connection will always be inseparable and reciprocal. It is established that in the system of Natural Resource Law public relations regarding the use and reproduction of certain natural resources are in fact its subsectors and provide a differentiated approach to the environmentally sound use of each of the relevant natural resources. Natural Resource Law is not a conglomeration of land, water, forest and subsoil law, but their qualitative unity based on a single nature, factors of development and the internal structure of social relations. It is concluded that neither the long history of legislation, nor a significant amount of regulations that are sources of post-resource industries, are grounds for denying the inseparable and mutual connection of post-resource branches of law with each other and with Natural Resource Law and the objective need for separation independent branch of Natural Resource Law. Keywords: Natural Resource Law, land law, water law, forest law, subsoil law, faunal law, floristic law, natural resource relations, post-resource relations, legal system, branch of law

scholarly journals L’impact des normes de la Forest Law Enforcement, Governance and Trade sur la protection des forêts de l’Afrique centrale : étude à partir du cas du Cameroun

2018 ◽  
Vol 59 (1) ◽  
pp. 285-324
Author(s):  
Denis Roger Soh Fogno
Keyword(s):  
Law Enforcement ◽  
Du Bois ◽  
Forest Law

En privilégiant la signature des Accords de Partenariat Volontaires (APV) individuels avec la plupart des pays producteurs de bois de l’Afrique centrale, l’Union européenne et les pays signataires affichent leur volonté de lancer une croisade contre l’exploitation illégale du bois et assurent, de manière à peine déguisée, la mainmise de l’Union sur le bois exploité dans ces pays. L’application effective de ces APV est récente, certes. Toutefois, jusqu’ici, leur impact sur la protection des forêts de l’Afrique centrale en général et sur celles du Cameroun en particulier reste mitigé au regard de la quantité de bois illégalement exploité qui continue d’y circuler. Cette persistance de l’exploitation illégale du bois peut se justifier par la présence pernicieuse de la pauvreté dans la plupart des pays producteurs de bois de l’Afrique centrale, laquelle est parfois maladroitement avancée pour justifier la corruption endémique dans ces États. Le bois ainsi illégalement exploité ne profite guère aux couches vulnérables de la population, mais engraisse une poignée de fonctionnaires aigrefins, situés parfois jusqu’au sommet de l’administration civile et policière. Alors, si l’impact des normes de la Forest Law Enforcement, Governance and Trade (FLEGT) sur la protection des forêts de l’Afrique centrale est perceptible du fait de leur application mitigée, cet impact reste perfectible par l’élargissement du champ matériel et territorial d’application de ces normes, la lutte contre la pauvreté et la corruption, etc.

scholarly journals New Paradigm in Natural Resources Management: Securing Indigenous Peoples Rights

2020 ◽  
Vol 6 (1) ◽  
pp. 56
Author(s):  
Farida Patittingi
Keyword(s):  
Natural Resources ◽  
Indigenous Peoples ◽  
Indigenous Communities ◽  
Natural Resources Management ◽  
Bright Spot ◽  
New Paradigm ◽  
Resources Management ◽  
Collective Rights ◽  
Forest Law ◽  
The Government

The multi-decade struggle of indigenous communities in Indonesia to gain recognition of their collective rights and the reluctance of the state to act on their demands, now has come to a bright spot. The rights of indigenous peoples in natural resources management –in land and forests– get more recognition as well as protection since the Constitutional Court’s decision on forest law. The recognition of indigenous peoples and their traditional rights must be followed by exclusive rights to control and managing resources in their environment, such as land or forests, as the main source of livelihood for indigenous peoples (lebensraum). Hence, a legal policy is needed from the government that regulates and provides strict and clear recognition criteria for its existence and their rights to natural resources.

STATUTE NOTE

2003 ◽  
Vol 47 (1) ◽  
pp. 133-135 ◽  
Author(s):  
Jon C. Lovett
Keyword(s):  
Forest Management ◽  
Coastal Plain ◽  
World Wide ◽  
Recent Analysis ◽  
Forest Ownership ◽  
Management Objectives ◽  
New Concepts ◽  
Forest Law ◽  
History Of ◽  
Forest Act

During the 1980s and 1990s there were two major changes to forest management objectives in Tanzania. Firstly, it was recognized that some of the forests, notably those on mountains in the east of the country and the coastal plain, are exceptionally rich in species of restricted distribution. Recent analysis has even placed these forests amongst the most important biodiversity hotspots world-wide. Secondly, there was a recognition that communities needed to be much more involved in forest management. The Forest Act, 2002, which replaces the 1957 Forest Ordinance, tackles both of these objectives and introduces some new concepts of forest ownership. Moreover it makes arrangements for establishing a fund that promotes protection of biodiversity and sustainable development of forest resources. This note first briefly reviews the history of forest law in Tanzania and then discusses innovations introduced by the 2002 Act.

Sign in / Sign up

Export Citation Format

Share Document