The Conservation Measures Partnership

5 Law & Policy

Definition: Actions to develop, change, influence, and help implement formal legislation, regulations, and voluntary standards

Exposition: This class contains a series of strategies aimed at using government powers at all levels to protect biodiversity. There is a sequence embedded in this class that involves enacting or changing the legislation, policy, or standard and then promoting compliance or enforcement of it. Some organizations do both, others only one or the other.

5.1 Legislation

Definition: Making, implementing, changing, influencing, or providing input into formal government sector legislation or polices at all levels: international, national, state/provincial, local, tribal

Exposition: Public legislation refers to the official legal code governing society—what some people refer to as “hard law.”

Examples:

  • Global: promoting conventions on biodiversity
  • wildlife trade laws like CITES National: work for or against government laws such as the US Endangered Species Act
  • influencing legislative appropriations State/Provincial: state ballot initiatives
  • providing data to state policy makers
  • developing pollution permitting systems
  • dam relicensing Local: developing zoning regulations
  • countryside laws
  • species protection laws
  • hunting bans Tribal: creating tribal laws

5.2 Policies & Regulations

Definition: Making, implementing, changing, influencing, or providing input into policies and regulations affecting the implementation of laws at all levels: international, national, state/provincial, local/community, tribal

Exposition: Policies and regulations are how legislation gets implemented—what some people refer to as “soft law.” This is a relatively narrow definition of the word “policy.”

Examples:

  • Input into agency plans regulating certain species or resources
  • working with local governments or communities to implement zoning regulations; promoting sustainable harvest of timber on state forest lands

5.3 Private Sector Standards & Codes

Definition: Setting, implementing, changing, influencing, or providing input into voluntary standards & professional codes that govern private sector practice

Exposition: These are codes of practice that are adopted by an organization or industry on a voluntary (as opposed to mandated) basis. Mandatory laws and regulations fall under 5.1 Legislation or 5.2 Policies & Regulations.

Examples:

  • Marine & Forest Stewardship Councils
  • Conservation Measures Partnership (CMP) Open Standards
  • corporate adoption of forestry best management practices
  • sustainable grazing by a rancher

5.4 Compliance & Enforcement

Definition: Monitoring and enforcing compliance with laws, policies & regulations, and standards & codes at all levels

Exposition: Laws, policies, regulations, and standards are useless if they are not implemented and enforced. Some organizations merely try to monitor compliance whereas others have the power of enforcement.

Examples:

  • Water quality standard monitoring
  • initiating criminal and civil litigation

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