Title: Theoretical issues that underlie the drafting of a binding treaty to prevent further deforestation and degradation of the world's tropical rainforests

Authors: Patricia Blazey

Addresses: Macquarie University, North Ryde, Sydney 2109, Australia

Abstract: Determining who owns the world's tropical rainforests is fundamental to reaching an agreement for their protection. This issue has been in the past and continues to be the stumbling point in discussions that take place in numerous forest forums that focus on curbing deforestation. The issue of sovereignty is a major sticking point because governments housing tropical rainforests refuse to give up sovereignty over their natural resources. The opposing argument is that rainforests belong to the 'global commons' and therefore the international community has the right to legislate for their protection. This article discusses these theories and argues that the international community can and should draft a treaty that protects what is left of these forests in order to preserve biodiversity and the ecosystems that they house.

Keywords: deforestation; tropical rainforests; theoretical issues; treaty drafting; binding treaties; forest degradation; forest ownership; forest protection; forest forums; state sovereignty; governments; natural resources; global commons; international community; protective legislation; biodiversity; ecosystems; public law; public policy.

DOI: 10.1504/IJPLAP.2012.046073

International Journal of Public Law and Policy, 2012 Vol.2 No.2, pp.176 - 190

Received: 08 May 2021
Accepted: 12 May 2021

Published online: 23 Feb 2012 *

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