J. Brunnee et A. Nollkaemper, BETWEEN THE FORESTS AND THE TREES - AN EMERGING INTERNATIONAL FOREST LAW, Environmental conservation, 23(4), 1996, pp. 307-314
International forest law remains an undeveloped area of law. It consis
ts of a multitude of treaties and non-treaty instruments dealing in a
rather unprincipled and uncoordinated manner with such issues as biodi
versity in forests; protection of forests as sinks of carbon dioxide;
protection of endangered tree species; and trade in timber. However, i
n the face of mounting pressure on the world's tropical and other fore
sts, in recent years there have been attempts to clarify and articulat
e the Values and objectives underlying international forest policy tha
t may induce a further development of the law. A tension exists betwee
n the firmly-rooted claims of sovereignty over forests and the emergin
g, increasingly-accepted legal principles which could guide internatio
nal forest law: the principles of common concern, inter-generational e
quity and precaution. This shift has begun to influence the developmen
t of international forest law in critical. international initiatives,
including the Biodiversity Convention, the Climate Change Convention a
nd, particularly, through the Intergovernmental Panel on Forests. The
various layers of dialogue which have emerged to address different asp
ects of the forest issue (including legal, trade, and ecological issue
s) promote a gradual convergence of expectations and interests and thu
s ultimately may further normative development. Despite the diversity
of forests and forest concerns between regions and continents, there i
s an important role for a set of general legal principles, objectives
and procedures defining the parameters and establishing the ground rul
es of global forest law.