Book Review Essay:
Law and Forests under a Carbon Shadow
Forests in International
Law: Is there Really a
Need for an International
Forest Convention?, by
Anja Eikermann, published
by Springer, 2015, 196 pp.,
$129.00, hardback.
Global Forest Governance:
Legal Concepts and Policy
Trends, by Rowena
Maguire, published by
Edward Elgar, 2013, 384
pp., £101.00, hardback.
Law, Tropical Forests and
Carbon: The Case of
REDD+, edited by Rosemary
Lyster, Catherine MacKenzie
and Constance McDermott,
published by Cambridge
University Press, 2013, 308
pp., £69.99, hardback.
Climate Change, Forests
and REDD: Lessons for
Institutional Design, edited
by Joyeeta Gupta, Nicolien
van der Grijp and Onno
Kuik, published by
Routledge, 2013, 288 pp.,
$145.00, hardback.
Carbon Conflicts and
Forest Landscapes in
Africa, edited by Melissa
Leach and Ian Scoones,
published by Routledge,
2015, 230 pp., $45.95,
paperback.
Until relatively recently books dedi-
cated to the subject of international
law and forests were limited in
number. This changed with the deci-
sion by the United Nations Frame-
work Convention on Climate
Change (UNFCCC) Conference of
the Parties in 2005 to explore the
development of a mechanism to
reduce deforestation and forest deg-
radation (‘REDD+’). The number of
publications on this theme is now
increasing. However, there is a trend
toward orientating the broader
question of how best to maintain
global forests sustainably under
international law to one that looks
towards designing a working
mechanism under the UNFCCC.
The five publications reviewed here
provide both a broad analysis of
forests within international law as
well as a focus on climate change
law and its influence on the ongoing
development of forest-related law.
They demonstrate the increasing
influence of UNFCCC-related forest
measures on the development of
forest law more generally.
Anja Eikermann explores the long-
standing question of whether an
international forest convention is
needed to conserve global forest
resources. Inspired by scholar-
ship on fragmentation in relation
to the international forest regime
complex, Eikermann reviews exist-
ing arrangements. Overall, Eiker-
mann argues that the existing inter-
national forest regime complex and
its institutions can, with sufficient
coordination and investments in
resources, be effective in governing
the global forest estate.
Eikermann begins by putting
forward the case for international
forest regulation by drawing on dif-
ferent forest dimensions – ecologic-
al, economic and socio-political –
placed initially within a historical
context. This is followed by outlining
the ‘tangled web’ of institutional
structures that has evolved to
advance the international forest
agenda. It attempts to explain why
these institutions have failed to
deliver a comprehensive legal struc-
ture. This chronological survey is
well documented elsewhere but
Eikermann delivers a well-crafted
overview for the reader.
It is the next chapter, which intro-
duces the ‘treaty canopy’ covering
forests, in which the book demon-
strates limitations. This is where a
detailed examination of each of the
treaties that constitute the interna-
tional forest regime would be
expected to be advanced. However,
Eikermann provides a rather super-
ficial overview of these instruments,
focusing on key objectives and
articles. This is not taken further to
discuss their evolution in any depth,
other than selected decisions
adopted by various Conferences of
the Parties. The book itself is a slim
volume, less than 200 pages, so
there was scope to expand upon
these issues without rendering the
publication unnecessarily unwieldy.
The penultimate chapter considers
the options for international regula-
tion of forests. It covers a great deal
considering the substance of forest
regulation, evaluation of a multi-
instrument approach and the
obstacles that fragmentation poses
to achieving a coordinated interna-
tional framework. The conclusion,
one that considers that the key
ingredients of the international
Review of European Community & International Environmental Law
RECIEL 24 (3) 2015. ISSN 2050-0386 DOI: 10.1111/reel.12142
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