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9 CCLR 143 (2015)
A Legal Perspective of Carbon Rights and Benefit Sharing under REDD+: A Conceptual Framework and Examples from Cambodia and Kenya

handle is hein.journals/cclr2015 and id is 158 raw text is: A Legal Perspective of Carbon Rights and Benefit Sharing under REDD+ I 143 A Legal Perspective of Carbon Rights and Benefit Sharing under REDD+: A Conceptual Framework and Examples from Cambodia and Kenya Sophie Chapman, Martijn Wilder, Ilona Millar, Arjuna Dibley, Donal Yeang, Joe Heffernan, Kirtiman Sherchan, Rowena Maguire, Caroline Wanjiku Kago, Nelly Kamunde-Aquino, Leah Kiguatha, Yvonne Nana Afua Idun, Mona Doshi, Gretchen Engbring and Elizabeth Dooley* This article discusses two key issues in REDD+ design and implementation at the national level - carbon rights, and benefit sharing. Both carbon rights and benefit sharing can be un- derstood as new legal concepts (although they build on existing law), and as legal concepts they offer a framework for addressing related areas of REDD+ policy. Many countries are currently considering how to manage carbon rights and benefit sharing issues, including Cambodia and Kenya. Both of these countries host existing forest carbon projects and are also in the process of designing national REDD+ programmes. This article uses a conceptu- alframework for carbon rights and benefit sharing derived from legal analysis to consider the cases of both Cambodia and Kenya, and also includes a general discussion of the chal- lenges countries might encounter when considering how to manage carbon rights and ben- efit sharing in the context of REDD+ implementation. I. Introduction A mechanism for Reducing Emissions from Defor estation and Forest Degradation and the Role of Con servation, Sustainable Management of Forests and Enhancement of Forest Carbon Stocks in Developing Dr. Sophie Chapman is a Research Associate at the Centre of Development Studies (Department of Politics and International Studies) and the Cambridge Centre for Climate Change Mitigation Research (Department of Land Economy), University of Cam- bridge; Martijn Wilder AM is a Partner in the Global Climate Change and Environmental Markets Practice at Baker & McKen- zie, and Adjunct Professor of Climate Change Law at the Aus- tralian National University; Ilona Millar is a Special Counsel in the Global Climate Change and Environmental Markets Practice at Baker & McKenzie; Arjuna Dibley is an Associate in the Global Climate Change and Environmental Markets Practice at Baker & McKenzie and an Associate at the University of Melbourne Law School; at the time of writing, Donal Yeang was a National REDD+ Policy Adviser under the Asia Pacific REDD+ Community Carbon Pools Programme at Fauna & Flora International (Cambo- dia); at the time of writing, Kirtiman Sherchan was a REDD+ Coordinator under the Asia Pacific REDD+ Community Carbon Pools Programme at Fauna & Flora International (Cambodia); Joe Heffernan is the Executive Director of the Ethical Trading Co. Pty. Ltd. (Sydney, Australia); Dr. Rowena Maguire is a Senior Lecturer in the Faculty of Law at the Queensland University of Technology (Brisbane, Australia); Caroline Wanjiku Kago is a Lecturer in Private Law at the Kenyatta University School of Law, Nairobi, Countries (REDD+) was officially established by the Conference of the Parties (COP) to the United Nations Framework Convention on Climate Change (UNFC CC) in 2010.1 Subsequently, the 2013 Warsaw Frame work for REDD+2 provided guidance regarding many different elements of national REDD+ policy and dis Kenya; Nelly Kamunde-Aquino is a Lecturer in Public Law at the Kenyatta University School of Law, Nairobi, Kenya; Leah Kiguatha is a Lecturer in Public Law at the Kenyatta University School of Law, Nairobi, Kenya; Dr. Yvonne Nana Afua [dun is a Lecturer in Public Law at the Kenyatta University School of Law, Nairobi, Kenya; Mona Doshi is a Partner at law firm Anjarwalla & Khanna (Mombasa, Kenya); at the time of writing, Gretchen Engbring was a Researcher at the Cambridge Centre for Climate Change Mitiga- tion Research, University of Cambridge; and, at the time of writ- ing, Elizabeth Dooley was a Researcher at the Cambridge Centre for Climate Change Mitigation Research, University of Cam- bridge. The authors are grateful to Julian Bridgett for his editorial assistance. This research was generously sponsored by the Swedish Ministry of the Environment/Swedish International Development Cooperation Agency (SIDA). 1 Decision 1/CP.1 6, The Cancun Agreements, Outcome of the Work of the Ad Hoc Working Group on Long-term Cooperative Action under the Convention, UN Doc. FCCC/CP/2010/7/Add. 1, 15 March 2011. 2 The Warsaw Framework for REDD+ includes Decision 9/CP.1 9, Decision 10/CP.19, Decision 11 /CP.19, Decision 12/CP.19, Decision 13/CP.19, Decision 14/CP.19 and Decision 15/CP.19. CCLR 212015

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