Legal and Institutional Frameworks and their Impact on Ecosystem Services Deals

From August 6-8, IUCN and Katoomba held a workshop on the legal and institutional frameworks related to ecosystem services deals in Latin America. The workshop’s objective was to present findings from preliminary scoping work that had been conducted on the design of carbon and water deals in the Andes-Amazon region. Over the course of three days, the 22 participants worked to identify needs and gaps for governments to provide legal means to help ensure equitative ecosystem services deals. Participants came from a range of backgrounds that included NGO’s, multilateral agencies, government, academia, environmental consulting, and law firms. Reviews focused on Brazil, Colombia, Peru, and Bolivia. Participants from Ecuador, Mexico and Costa Rica also shared their countries’ experiences in the design of legal frameworks related to PES.

Analysis included the following key topics affecting PES transactions and law making:
–¢ legal and institutional frameworks related to PES at the national and local level
–¢ property rights and ownership issues
–¢ contract design and components including securities, risk allocation, and negotiation processes
–¢ monitoring, non-compliance, and enforcement
–¢ dispute resolution
–¢ public participation

The primary outcome from the legal initiative will be the development of guidelines for the legal and institutional structures required to support PES schemes and their implementation. Expected outcomes from the workshop include: a publication on legal issues in the design of PES deals, policies and programs; legal guidance tools for project developers; and a plan of action for governance needs to address legal gaps and opportunities.