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10 J. Animal & Envtl. L. 41 (2018-2019)
Regulating the Trees for the Forest: How Indonesia and Brazil Attempt to Reduce Deforestation through Forestry Policy

handle is hein.journals/jael10 and id is 47 raw text is: 



REGULATING TREES


    REGULATING THE TREES FOR THE
    FOREST: HOW INDONESIA AND BRAZIL
    ATTEMPT TO REDUCE DEFORESTATION
    THROUGH FORESTRY POLICY


    Paul Rink*


I. Introduction
       Brazil and Indonesia are respectively the first and third most rainforest-
covered countries in the world.' Perhaps as a result of such status, they have each
included substantial forest conservation aspirations in their nationally determined
contributions (NDCs) under the Paris Agreement. Brazil has pledged to achieve,
in the Brazilian Amazonia, zero illegal deforestation by 2030 and . .. restor[e] and
reforest 12 million hectares of forests by 2030.,2 Indonesia has pledged to reduce
unconditionally 26% of its greenhouse gases against the baseline scenario by the
year 2020 by several means, including through sustainable forest management
and a social forestry programme.3

       This paper presents a descriptive analysis of the legal and regulatory
frameworks  that these two countries have put in place to obtain such targets. The
paper further compares the two systems so as to better understand the challenges
and opportunities Brazil and Indonesia face in obtaining their lofty deforestation
reduction aspirations. Although Brazil's management  system is comparatively
more robust, analysis ultimately reveals that both Brazil and Indonesia experience
similar challenges in enforcing their forest management laws and regulations.

       Section II of this paper provides an overview of the legal and political
framework  for forestry in Brazil, and section III provides the same for Indonesia.
Similarly, section IV expounds on challenges that Brazil faces in relation to its
forest governance system, whereas  section V  does the same  for Indonesia's

Paul Rink is a current J.D. candidate at Yale Law School and M.E.M. candidate at Yale School
of Forestry and Environmental Science. He is a 2017 Salzburg-Cutler Fellow for International
Legal Scholarship and is the recipient of a 2018 Tropical Resources Institute research fellowship.
1 Joseph Kiprop, 5 Countries with The Largest Rainforest Coverage, WORLD ATLAS (July 14,
2017), https://www.worldatlas.com/articles/5-countries-with-the-largest-rainforest-area.html.
2 Federative Republic of Brazil, Intended Nationally Determined Contribution, 3 (Sept. 21, 2016),
http://www4.unfccc.int/ndcregistry/PublishedDocuments/Brazil%/2OFirst/BRAZIL%/20iNDC%/20
english%/o20FINAL.pdf.
3 Republic of Indonesia, First Nationally Determined Contribution, 7 (Nov. 6, 2016),
http://www4.unfccc.int/ndcregistry/PublishedDocuments/Indonesia%/20First/First%/2ONDC%20In
donesia submitted%20to%20UNFCCC%2OSetNovember0%o200 0202O16.pdf.


41


JAEL,   Vol. 10, No.  I

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