This Guide has given you an introduction into forest defence litigation and what options you may have when it comes to using legal action to protect, conserve and manage forests. Having information and support is important if you want to take litigation to protect forests. If after reading this Guide, you are thinking about taking […]
Legal Area
Even if it appears that a legal remedy may be possible, bringing a case can be difficult and, in many parts of the world, dangerous. It will generally require the consideration of several point and issues. This section provides a few basic points to consider, though it should not be considered an exhaustive list. For […]
Legal Area
There are alternatives to going to national, regional or international courts if you want to challenge governments and corporations about their policies and actions on deforestation and forest management. This section of the Guide will give you a brief introduction on some of these alternatives (called “non-judicial remedies”). It will also give you tips on […]
Legal Area
It is often difficult or impossible to stop deforestation directly in the place where it is happening. But forest products (timber) and products grown on deforested land (e.g. palm oil, soya, beef) often enter the global supply chain. It may be possible to take legal action against those in the supply chain (people who buy […]
Legal Area
Forests are very important to preventing and mitigating the effects of climate change. They are important “carbon sinks”, which means they absorb more carbon from the atmosphere than they emit. Sometimes, certain activities such as biomass burning, and intensive agriculture can have knock-on effects on both forest health and climate change. The destruction and degradation […]
Legal Area
In many countries, there are other legal mechanisms which may be used to enforce environmental duties and obligations. Logging and forest use projects can be challenged if they are in breach of these duties. It is often easier to think of these claims not in terms of “rights”, but of “wrongs”. They are examples of […]
Legal Area
Licensed infrastructure projects, including projects conducted by the extractive, logging and agricultural industries, may threaten or destroy forest lands. These projects also threaten Indigenous and forest communities. Deforestation: Deforestation projects, including logging, are serious threats to forest ecosystems and environmental health. Mass deforestation can irreparably damage vital ecosystems and prevent recovery. Coal Mines and other […]
Legal Area
Land tenure and land rights play a fundamental role in preventing deforestation and degradation. This section will address the importance of customary land tenure, property rights and the right to free, prior and informed consent in protecting forest land. Land rights are any rights you have that relate to a piece of land. These could […]
Legal Area
The person or group bringing a legal claim (“the Claimant(s)” or “the Plaintiff(s)”) must show that they are entitled to bring the claim. In many countries, this entitlement is called “standing”. Establishing standing can be a difficult issue and may result in a case being declined as “inadmissible” because the claimant is unable to establish […]
Legal Area
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