Building Capacity on Protected Areas
Law & Governance
Module 12
Transboundary Protected Areas
Building Capacity on Protected Areas
Law & Governance
A TBPA is an area extending over one or more borders, which is
cooperatively managed by the countries in which it is located, in
recognition of its environmental and cultural values.
Governance arrangements derive from the specific conservation needs of
each site and the legal and institutional systems of each participating
jurisdiction.
Instruments to create and maintain TBPAs can be formal or informal,
binding or non-binding; they will evolve.
International support for countries with existing or proposed TBPAs is
available through the Global Protected Areas Network and as signatories
to conventions that promote protected areas networks including
transboundary sites.
Transboundary Protected Areas
Overview of the Seminar
What are Transboundary Protected Areas
Why are TBPAs important
TBPA Management Principles
TBPAs and law
TBPA operations in practice
Objectives
Describe the nature of PAs in trans-boundary context
and explain their importance.
Explain the role of law in the creation and operation of TBPAs.
Enrich understanding of particular legal challenges of TBPAs.
Illustrate TBPA operations in practice.
Outcomes
Awareness of distinctive contribution of TBPAs.
Knowledge of applicable legal frameworks
for the creation and operation of TBPAs.
Understanding of challenges applicable to
TBPA law and governance.
Familiarity with examples and best practices
in TBPA law and governance.
Overview of the Seminar
What are Transboundary Protected Areas
Why are TBPAs important
TBPA Management Principles
TBPAs and the law
TBPA operations in practice
What are TBPAs?
Context
Growth
Definition
Form
Governance Type
Context
The Transboundary Setting
interests cross borders
economic
ecological
TBPA tool to recognize
shared goals
shared responsibilities
national sovereignty
“…there is a body of
interdependent and unified
interests and values, all collected
in a hydrographic basin, and all
segregated from the rest of the
world by well-defined boundaries.
The people in such a district have
common interests, common
rights, and common duties, and
must necessarily work together
for common purposes.”
-John Wesley Powell (1890)
Growth of TBPAs
# of known TBPAs
250
200
150
100
50
0
1988
1997
2001
2005
2007
Growth of TBPAs: A Global Network
Global Protected Areas Network
virtual knowledge hub
database of information on TBPAs
Transboundary Legal Resource Centre
transboundary conservation community
communication between managers
Definition…
Defining TBPAs
Protected Area
“…a clearly defined geographical
space recognized, dedicated and
managed, through legal and
other effective means, to
achieve the long term
conservation of nature with
associated ecosystem services
and cultural values.”
Definition...
Defining TBPAs
straddling borders
countries
regions
provinces
high seas
constituent parts
dedicated to conservation
managed cooperatively
Definition
Other Initiatives
Parks for Peace
type of TBPA
peace as primary motivation
Transboundary Conservation
and Development Area
conservation + development
with or without PA
Transboundary Migratory Corridors
cooperatively managed
sustain migratory pathway
Form…
form
contiguous PAs across border
“classic form”
La Amistad International Park
cluster of PAs and land between
include buffer zones
West Tien Shan Project
Form…
cluster of
separated PAs
transborder area
w/ proposed PAs
PA + sympathetic
land use
geographically distinct
PAs + proposed PAs
PA only one side
TBPA in African Great
Lakes region
Pha Taem
Transboundary Initiative
Kayan Menyarag
National Park
Form
inter-jurisdictional PAs
TBPAs within single country
cross borders between
states
regions
provinces
example: Australia
Victoria
New South Wales
MOU
Australian Capital
Territory
Governance Type
Level of Governance
Level 0: No Cooperation
Level 1: Communication
Level 2: Consultation
Level 3: Collaboration
Level 4: Coordination & Planning
Level 5: Full Cooperation
TBPA Example: Oulanka-Paanajärvi
Transboundary Area
Oulanka National Park
(Finland)
Paanajärvi National Park
(Russia)
1992: staff at Oulanka National Park consulted on
management of new Paanajärvi National Park
2005: certified as EUROPARC Transboundary Park
2012: certified as PAN Cross-border Park
Benefits of working together:
protect shared habitat
promotes peace
increased tourism
Overview of the Seminar
What are Transboundary Protected Areas
Why are TBPAs important
Why are TBPAs important?
Facilitating connectivity
Addressing border constraints
Promoting co-operative action
Securing mixed benefits
Why are TBPAs important?
Objectives for TBPAs
international cooperation
environmental protection
enhanced research
economic benefits
cross-border problems
cultural heritage
connectivity
Overview of the Seminar
What are Transboundary Protected Areas
Why are TBPAs important
TBPA Management Principles
Management Principles
Ecosystem approach
Sustainability
Precaution
Adaptive management
Good governance
Management Principles of Legal Relevance
IUCN PA categories
common values  cooperation
opportunities of scale
existing/adjacent PAs
integrated planning
transboundary communities
participation
flexibility
legal harmonization
Overview of the Seminar
What are Transboundary Protected Areas
Why are TBPAs important
TBPA Management Principles
TBPAs and law
TBPAs and law
Determining applicable law
International legal framework
Domestic legal
framework
applicable law agreed by negotiation
Determining Applicable Law
international law
national law and policy
sub-national law
customary/traditional law
municipal authority
Determining Applicable Law:
TBPA arrangements…
Different Models
Formally
negotiated
Informal
arrangement
Binding
Non-binding
Determining Applicable Law:
TBPA arrangements…
framework agreement
“nice to have, but harder to get”
high level commitment
legally-binding
elaborate negotiations
inter-institutional complexity
Determining Applicable Law:
TBPA arrangements…
framework agreement
core elements
objectives
commitments
decision-making mechanisms
“now there’s work to be done”
sustainable financing
capacity-building
inventory
management strategy
Determining Applicable Law:
TBPA arrangements
“Co-operation can evolve as the
collaboration’s effectiveness is
seen, and adjustments can easily
be made if some aspect isn’t
working. […] In time, the parties
may be ready to negotiate a more
formal instrument, but this process
will hopefully by then be easier and
less costly because they will,
through working together, have
developed a real consensus. The
ultimate agreement may be
broader, more binding, and less
likely to need further revision.”
informal arrangements
“might as well start somewhere”
start with exchange of letters
progress on specific issues
engage community/NGO/private
trade-off
greater flexibility
less predictability
International Legal Framework…
relevant instruments
international guidelines
international designation
International Legal Framework…
Convention on Biological
Diversity
Ramsar Convention
Relevant instruments
World Heritage Convention
Convention on Migratory
Species
no regime requires TBPAs
UNCLOS
Alpine Convention
many encourage TBPAs
OSPAR Convention
European Landscape Convention
Bern Convention
EU Habitats Directive
EU Birds Directive
Man and the Biosphere
Programme
International Legal Framework…
international instruments encouraging TBPAs
Species
Convention on the Conservation
of Migratory Species (CMS)
Habitats
Convention on Wetlands of
International Importance (Ramsar)
Landscape
Convention on Protection of the Alps
Heritage
World Heritage Convention
International Legal Framework
Convention on Biological Diversity
Aichi Biodiversity Targets
By 2020, at least 17 per cent of terrestrial and inland water, and 10 per cent of
coastal and marine areas, especially areas of particular importance for biodiversity
and ecosystem services, are conserved through effectively and equitably managed,
ecologically representative and well connected systems of protected areas and other
effective area-based conservation measures, and integrated into the wider
landscapes and seascapes (Target 11)
Programme of Work on Protected Areas
“Establish and strengthen regional networks, transboundary protected areas (TBPAs)
and collaboration between neighbouring protected areas across national
boundaries” (Goal 1.3)
International Guidelines
Council of Europe, 1980
European Outline
Convention on
Transfrontier Co-operation
between territorial
Communities or
Authorities
Template for a formal bilateral
agreement
UNESCO Man and the
Biosphere,
Pamplona
Recommendations
harmonized management
structures,
effective communication channels
ultimate aim :“one functional
biosphere reserve”
IUCN World Commission on
Protected Areas, 2001
Draft Code for
Transboundary Protected
Areas in Times of Peace and
Armed Conflict
Sets out a template for a formal
bilateral agreement
IUCN World Commission
on Protected Areas, 2001
Good practice guidelines
Gives guidance for establishing a
TBPA under nine headings, from
“identifying and promoting
common values” to “dealing with
tension and armed conflict”
Federation of Nature and
National Parks of Europe
(EUROPARC), 2003
Certification system for
“exemplary transboundary
cooperation between
protected areas”
Rewards transboundary
cooperation that satisfy nine
criteria
International Designations…
World Heritage Convention
Transboundary World Heritage Sites
Ramsar Convention
Transboundary Ramsar sites
UNESCO Man and the
Biosphere Programme
Transboundary Biosphere Reserves
International Designations…
Transboundary World
Heritage Site
“(vii) contain superlative natural
phenomena or areas of
exceptional natural beauty and
aesthetic importance;
designation
countries must be signatories
site must meet nomination criteria
must be approved by Committee
(viii) be outstanding examples
representing major stages of
earth’s history, including the
record of life, significant ongoing geological processes in
the development of landforms,
or significant geomorphic or
physiographic features;
For Proposed
Natural World
Heritage Properties
four of the ten
criteria apply.
Sites must:
(ix) be outstanding examples
representing significant ongoing
ecological and biological
processes in the evolution and
development of terrestrial, fresh
water, coastal and marine
ecosystems and communities of
plants and animals;
(x) contain the most important
and significant natural habitats
for in-situ conservation of
biological diversity, including
those containing threatened
species of outstanding universal
value from the point of view of
science or conservation.”
International Designations…
Transboundary World
Heritage Site
1007
• Listed World Heritage
sites
benefits
increased awareness
advice and support
financial assistance
publicity/prestige
obligations
161
• States Parties
31
• Transboundary World
Heritage Sites
13
• Natural Transboundary
World Heritage Sites
legal, financial, administrative
non-compliance
Possible delisting
International Designations…
Transboundary Ramsar Site
designation
2182
countries must be signatories
site must qualify as wetland
international importance criteria
benefits
increased awareness/prestige
expert advice
financial assistance
voice in int’l forum
non-compliance
political pressure
less international funding
168
16
• Wetlands of
International
Importance or
“Ramsar Sites”
• Parties to the
Convention
• Transboundary Ramsar
Sites
International Designations
621
117
21
• UNESCO Biosphere Reserves
Transboundary
Biosphere Reserve
function
• Countries with Biosphere
Reserves
biological/cultural diversity
sustainable development
research, monitoring, education
• Countries with transboundary
Biosphere Reserves
designation
national committees nominate
Coordinating Council accepts
12
• Transboundary Biosphere
Reserves
benefits
support
shared experiences
Domestic Legal Framework…
negotiation/legal recognition
institutions
management/coordination
access rights and benefits
compliance and enforcement
Domestic Legal Framework…
negotiating a TBPA agreement
context
international treaties/programmes
existing bilateral agreements
transboundary arrangements
pathways
build on existing agreement
negotiate new agreement
develop informal understanding
Domestic Legal Framework…
institutional mechanisms
components
participants
high-level policy-making body
government
technical committees
NGOs
advisory bodies
private sector
departmental focal points
community
sub-national authorities
specialist advisors
Domestic Legal Framework…
institutional mechanisms
Existing or
Designated
Coordinating
Body
Joint
Secretariat
PA Focal
Point
Staff Level
Exchange
Joint
Technical
Working
Group
Intersectoral
Consultative
Body
Transboundary
Advisory
Body
Domestic Legal Framework…
Management
issues
conservation objectives
ecological/wildlife corridors
management category
joint M&E
management plans
mapping
zoning
information exchange
priority site identification
public safety/emergencies
visitor access
scientific cooperation
buffer zones/connectivity
invasive species
climate change
Domestic Legal Framework…
Coordination
Environmental Impact
Assessment
obligation to avoid transboundary harm
include social impact assessment
Each country should commit to undertake
an EIA whenever it proposes a border
activity that may cause trans-boundary
environmental damage.
Domestic Legal Framework…
coordination
response to alien invasive species
Early
Warning
Timely
Exchange
Compatible
Control
Measures
Disease
Controls
Wildlife
Monitoring
Domestic Legal Framework…
coordination
scientific research
Permits
Fees
Reporting
Requirements
Conditions
for sharing
research
Harmonized
Access
Rules
Domestic Legal Framework…
Coordination
compliance and enforcement
joint enforcement/surveillance
joint training
harmonize penalties
extradition
Domestic Legal Framework…
Coordination
emergencies
natural disasters
fire
pollution
invasive species/pests
arrangements
joint contingency plans
communications protocols
agreements on equipment/supplies
specialized personnel
Domestic Legal Framework
dispute resolution
types of disputes
objections to regulation
agreement interpretation
affected communities
procedures for dispute resolution
TBPA Governance Body
Joint or Domestic Tribunals
PA Managers
Independent Mediation
Overview of the Seminar
What are Transboundary Protected Areas
Why are TBPAs important
TBPA Management Principles
TBPAs and the law
TBPA operations in practice
TBPA operations in practice
W Biosphere Reserve
Nyungwe-Kibira LANDSCAPE
Kgalagadi Transfrontier park
W-Arly-Pendjari Parks Complex
Africa’s 1st transboundary
biosphere reserve
1950: joint boundary planning
management framework
parks designated
meetings
Ramsar sites
protected area core
buffer zone
2002: recognized by UNESCO
transitional landscape
joint activities
tourism
education
research
Nyungwe-Kibira Landscape
Non-binding cooperation
Nyungwe Forest National Park
(Rwanda)
field level
cooperation
Rwanda Development Board
2008 MOU
joint initiatives
coordinated patrols
Kibira National Park
(Burundi)
Burundi National Institute
for Environment
communication
quarterly meetings
10 year transboundary strategic plan
Kgalagadi Transfrontier park
South Africa
Botswana
1948: informal agreement
establishing conservation area
1992: joint management committee
1997: management plan approved
1999: binding bilateral agreement
2000: launched as Peace Park
Overview of the Seminar
What are Transboundary Protected Areas
Why are TBPAs important
TBPA Management Principles
TBPAs and the law
TBPA operations in practice
Objectives
Describe the nature of PAs in trans-boundary context
and explain their importance.
Explain the role of law in the creation and operation of TBPAs.
Enrich understanding of particular legal challenges of TBPAs.
Illustrate TBPA operations in practice.
Outcomes
Awareness of distinctive contribution of TBPAs.
Knowledge of applicable legal frameworks
for the creation and operation of TBPAs.
Understanding of challenges applicable to
TBPA law and governance.
Familiarity with examples and best practices
in TBPA law and governance.
Core Texts
15 Case Studies
5 Case Studies
Building Capacity on Protected Areas
Law & Governance
Module 12
Seminar
Presentation
Exercises
knowledge transfer
skills development
Transboundary Protected Areas