Building Capacity on Protected
Areas Law & Governance
Exercise 1
Understanding Basic Legal
Concepts
Introduction to the Course, Law & PAs
Background
 Purpose
 Promote an understanding of basic legal concepts
amongst Learners from non-law backgrounds
 Provide an opportunity for you to reflect on the above
concepts through a case study
 Structure




Introduction to Exercise (10 minutes)
Small Group Work (50 minutes)
Joint Class Discussion (20 minutes)
Consolidation (10 minutes)
The Case Study: Lagoon Bay Area
Sources of Law
International Law
soft law
hard law
custom
Domestic
national
Constitution
legislation
sub-national
judicial precedent
common law
customary law
religious law
regulations
Branches of Law
International Law
Domestic Law
Public Law
Procedural Law
Private Law
Constitutional Law
Civil Procedure
Commercial Law
Administrative Law
Criminal Procedure
Property Law
Criminal Law
Law of Evidence
Law of Persons
Law of Obligations
Tort/Delict
Contract
Structure of Government
makes laws
Legislature
Separation
Government
of
powers
Executive
Judiciary
administers laws
determines validity
of laws & conduct
resolves disputes
Distribution of Power/Authority
Unitary State
original
Central Government
power
Federal State
Central Government
“national”
Regions
Local Areas
“federal”
Regional Governments
“provincial”
original
power
original
power
“state”
Local Areas
original
power
Components of a PA Law




Name and number
Title
Preamble
Substance





Principles & objectives
Institutions
Subject specific provisions
Compliance and enforcement
Power to Make
Regulations/Rules
 Commencement, transition &
repeals
 Planning for Protected
Areas
 Types of Protected Areas
 Establishment and
Disestablishment
 Management of Protected
Areas
 Conservation Agreements
 Regulated activities
 Financing
The Questions
 What sources of law are relevant to the Lagoon Bay
area and how are they of relevance?
 What function do these laws, and law in general,
fulfil?
 Is international law relevant to the case? If so, how?
 Which branches of law and individual legal disciplines
might be relevant to Lagoon Bay?
 What roles might the different branches of
government play in protecting Lagoon Bay?
 Which institutions have a role to play in protecting
Lagoon Bay?
 What kind of provisions would you expect to find in
the Biodiversity Act of 2010?