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Agriculture and Climate Change Law and Governance in Support of Climate Smart Agriculture and International Climate Change Goals

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Agriculture and Climate Change Law and Governance in Support of Climate Smart Agriculture and International Climate Change Goals Agriculture and climate change Law and governance in support of climate smart agriculture and international climate change goals LEGISLATIVE FAO STUDY 115 Agriculture and climate change Law and governance in support of climate smart agriculture and international climate change goals Food and Agriculture Organization of the United Nations Rome, 2020 LEGISLATIVE FAO STUDY 115 Required citation: FAO. 2020. Agriculture and climate change – Law and governance in support of climate smart agriculture and international climate change goals. FAO Legislative Studies No. 115. Rome. https://doi.org/10.4060/cb1593en The designations employed and the presentation of material in this information product do not imply the expression of any opinion whatsoever on the part of the Food and Agriculture Organization of the United Nations (FAO) concerning the legal or development status of any country, territory, city or area or of its authorities, or concerning the delimitation of its frontiers or boundaries. The mention of specific companies or products of manufacturers, whether or not these have been patented, does not imply that these have been endorsed or recommended by FAO in preference to others of a similar nature that are not mentioned. The views expressed in this information product are those of the author(s) and do not necessarily reflect the views or policies of FAO. ISSN 1014-6679 [Print] ISSN 2664-5106 [Online] ISBN 978-92-5-133501-7 © FAO, 2020 Some rights reserved. This work is made available under the Creative Commons Attribution-NonCommercial- ShareAlike 3.0 IGO licence (CC BY-NC-SA 3.0 IGO; https://creativecommons.org/licenses/by-nc-sa/3.0/igo/ legalcode). Under the terms of this licence, this work may be copied, redistributed and adapted for non-commercial purposes, provided that the work is appropriately cited. In any use of this work, there should be no suggestion that FAO endorses any specific organization, products or services. The use of the FAO logo is not permitted. If the work is adapted, then it must be licensed under the same or equivalent Creative Commons licence. If a translation of this work is created, it must include the following disclaimer along with the required citation: “This translation was not created by the Food and Agriculture Organization of the United Nations (FAO). FAO is not responsible for the content or accuracy of this translation. The original [Language] edition shall be the authoritative edition.” Disputes arising under the licence that cannot be settled amicably will be resolved by mediation and arbitration as described in Article 8 of the licence except as otherwise provided herein. The applicable mediation rules will be the mediation rules of the World Intellectual Property Organization http://www.wipo.int/amc/en/mediation/rules and any arbitration will be conducted in accordance with the Arbitration Rules of the United Nations Commission on International Trade Law (UNCITRAL). Third-party materials. Users wishing to reuse material from this work that is attributed to a third party, such as tables, figures or images, are responsible for determining whether permission is needed for that reuse and for obtaining permission from the copyright holder. The risk of claims resulting from infringement of any third-party- owned component in the work rests solely with the user. Sales, rights and licensing. FAO information products are available on the FAO website (www.fao.org/publications) and can be purchased through [email protected]. Requests for commercial use should be submitted via: www.fao.org/contact-us/licence-request. Queries regarding rights and licensing should be submitted to: copyright@ fao.org. iii Contents Foreword ix Acknowledgements xi Acronyms and abbreviations xiii Introduction 1 Chapter 1. The international legal framework for climate change and agriculture 11 Chapter 2. Key features of international climate change law 19 2.1. Obligations in the Paris Agreement 22 2.1.1. Nationally determined contributions and other procedural obligations 22 2.1.2. Mitigation 23 2.1.3. Adaptation 29 2.1.4. Finance 31 2.1.5. Technology and capacity building 32 2.1.6. The ‘Enhanced Transparency Framework’ 33 2.2. Relevant principles inherent in the Paris Agreement and in climate law 36 2.2.1. Sustainable development 37 2.2.2. Highest possible ambition and progression 38 2.2.3. Best available science 39 2.2.4. Equity 41 2.3. Concluding remarks: climate change and agriculture moving forward 50 Chapter 3. The role of legal frameworks to achieve climate change goals 53 3.1. Implementing climate change goals at national level 55 3.1.1. Methods and legal tools 56 iv 3.1.2. Types of legal tools 56 3.1.3. Assessment tools 57 3.1.4. Harmonization and coordination of laws 58 3.2. Framework climate change legislation 59 3.2.1. Different institutional mechanisms established under climate change framework laws 60 3.2.2. Framework laws containing mitigation measures 63 3.2.3. Instruments used in framework laws 64 3.3. Sectoral legislation 70 3.3.1. Food Security 71 3.3.2. Poverty eradication 73 3.3.3. Human rights 74 3.3.4. Procedural rights 76 3.4. Concluding remarks for Chapter 3 82 Chapter 4. Legislating for climate change in the agriculture sector 85 4.1. The international legal framework related to agriculture and climate change 86 4.1.1. The international trade legal regime 86 4.1.2. The Convention on Biological Diversity 89 4.1.3. The United Nations Convention to Combat Desertification 91 4.1.4. The International Treaty on Plant Genetic Resources for Food and Agriculture and the International Convention for the Protection of New Varieties of Plants 93 4.1.5. Conventions on chemical management 94 4.1.6. Non legally-binding international instruments 95 4.2. Creating an enabling legal and institutional framework for integrating climate change goals in the agriculture sector 101 4.2.1. Climate Smart Agriculture 104 4.2.2. Legislating for Climate Smart Agriculture 106 4.2.3. The institutional framework for agriculture and climate change 108 v 4.2.4. Sustainable land management and security of tenure rights 114 4.2.5. Financing and incentives 127 4.2.6. Disaster risk management and response in agriculture 144 Early warning systems 145 4.2.7. Support for scientific research on climate change and agriculture 148 4.3. Legislation on specific areas related to agriculture and climate change 149 4.3.1. Soil management and climate change 149 4.3.2. Crop production and climate change 155 4.3.3. Legislation on livestock and climate change 180 4.4. Concluding remarks 184 Chapter 5. Legislating for climate change in the forestry sector 187 5.1. Introduction 187 5.2. International legal frameworks governing forests and forestry 193 5.3. An enabling legal framework for sustainable forest management 199 5.3.1. Institutional frameworks 204 5.3.2. A land-use plan 209 5.3.3. Forest tenure 211 5.3.4. Economic incentives and financing for sustainable forest management 213 5.3.5. Disaster risk management and reduction in forestry 216 5.4. Integrating climate objectives into forest-related legislation 218 5.4.1. Forestry aspects of a climate change policy 218 5.4.2. Integrating climate goals into forestry sector legislation 219 5.4.3. Climate change mitigation and the forestry sector 220 5.5. Concluding remarks 239 Chapter 6. Legislating for climate change in the fisheries and aquaculture sector 241 6.1. Introduction 241 vi 6.2. International law relevant to climate change and fisheries and international fisheries law 248 6.3. Addressing climate change in national fisheries and aquaculture legislation 258 6.3.1. Institutional frameworks and mandates 259 6.3.2. Integrating key principles for climate change in fisheries and aquaculture legislation 263 6.3.3. Integrated coastal planning and fisheries tenure rights 269 6.3.4. Disaster risk management and reduction in fisheries 274 6.4. Legislation addressing adaptation to climate change for fisheries 276 6.4.1. Legislation promoting an ‘Ecosystem Approach to Fisheries’ management 278 6.4.2. Adaptive management 281 6.4.3. Co-management/community-based management 283 6.5. Legislation addressing mitigation in fisheries 286 6.5.1. Measures to promote energy efficiency 287 6.5.2. Energy incentives/subsidies in fisheries 287 6.5.3. Control mechanisms on fishing gear and vessels 288 6.5.4. Legislation for marine protected areas 289 6.6. Aquaculture legislation and climate change 292 6.6.1. General considerations 292 6.6.2. Aquaculture authorities 296 6.6.3. Legislation for adaptation in aquaculture 297 6.6.4. Legislation for climate change mitigation and aquaculture 301 6.7. Concluding remarks 301 References 303 Boxes Box 1.1 Agriculture mitigation and adaptation in the nationally determined contributions of Parties to the Paris Agreement 5 vii Box 2.1 State of the Netherlands v Urgenda Foundation 47 Box 2.2 Ashgar Leghari v Federation of Pakistan 47 Box 2.3 Summary of main obligations arising from the Paris Agreement 48 Box 2.4 Differentiation of obligations between developed and developing country Parties to the Paris Agreement 49 Box 3.1 Examples of Assessment Tools 57 Box 4.1 Enhancing coordination for national level implementation 92 Box 4.2 Ecosystem or landscape approach 117 Box 4.3 The Voluntary Guidelines on the Responsible Governance of Tenure of Land, Fisheries and Forests in the Context of National Food Security (VGGT) on tenure related aspects of climate change action at national level 124 Box 4.4 A regional perspective on integrating climate and agriculture policies:
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