Developing a Global Soil Regime

Main Article Content

Ben Boer
Ian Hannam

Abstract

From the 1960s onwards, the global community became more aware of the phenomena of air and water pollution. More recently, the issues of climate change, loss of biodiversity, desertification, drought, and land degradation have become more prominent. While biodiversity loss and climate change have garnered close attention, issues of land degradation and sustainability of soils has attracted less focus in international fora and by national governments. We argue here that soil, as a vital biological and cultural resource, demands attention on the same level as biological diversity and climate change, and that this should be reflected in both international law and in legislation at national level. This article explores the elements that could form the basis of a global instrument for the conservation and sustainable use of soil, and sets out the premise for the community of nations to support the negotiation and drafting of such an instrument. It does so in light of the recent discussion on the introduction of a provision in the United Nations Sustainable Development Goals on the achievement of zero net land degradation, the revision of the World Soil Charter as well as the work of the UN Special Rapporteur on the Right to Food. It also briefly explores other complementary mechanisms that can be used for promoting the sustainable use of soils.

Article Details

Section
Articles (PEER REVIEWED)
Author Biographies

Ben Boer, University of Sydney Wuhan University IUCN World Commission on Environmental Law

Emeritus Professor

Distinguished Professor RIEL

Deputy Chair

Ian Hannam, AgLaw Centre UNE IUCN World Commission on Environmental Law

Adj Associate Professor

Co-Chair, Sustainable Soil and Agriculture Specialist Group

References

Boer, B, ‘Land Degradation as a Common Concern of Humankind’, in F Lenzerini, and A Vrdoljak (eds), International Law for Common Goods (Hart, 2014)

Boer, B, and I Hannam, ‘Legal Aspects of Sustainable Soils: International and National’ (2003) 12(2) Review of European, Comparative and International Environmental Law 149

Boer, B, and I Hannam, A Draft Soil Convention, Rio+20: What Ambition for the Environment? (Third Worldwide Conference of Environmental Law NGO and Lawyers, Limoges, 29 September - 1 October 2011)

Churchman, G J and E R Landa, The Soil Underfoot: Infinite Possibilities for a Finite Resource (CRC Press, 2014).

Cohan, J A, 'Environmental Rights of Indigenous Peoples under the Alien Tort Claims Act, the Public Trust Doctrine and Corporate Ethics, and Environmental Dispute Resolution' (2002) 20UCLA Journal of Environmental Law and Policy 133

Convention on Access to Information, Public Participation in Decision-Making and Access to Justice in Environmental Matters 1998 (‘Aarhus Convention’)

Corral, T, ‘Women's Sustainable Development Agenda’ (2002) 26 Natural Resources Forum 249

Draft ministerial declaration of the high-level segment of the 11th session of the United Nations Forum on Forests, New York, 4-15 May 2015 Agenda item 8

Durousseau, Michel, Quelle Stratégie pour la Diversité Biologique et la Protection Fonciere des Espaces Naturels et Ruraux de la Planète? (Which Strategy for Biological Diversity and Natural and Rural Land Protection of the Planet?) Legal Instruments for the Implementation of Sustainable Development (Republique Française, 2012)

FAO, Healthy Soils for Healthy Life (2015) 2015 Year of Soils

German Environment Agency International Legal Expert Workshop on Land Degradation (December 2014)

Global Soil Partnership and FAO, Revised World Soil Charter 2014

Global Soil Partnership, Intergovernmental Technical Panel on Soils,

Gruber, S, ‘Human Displacement and Climate Change in the-Asia Pacific’ in B Boer (ed) Environmental Law Dimensions of Human Rights (Oxford University Press, 2015).

Hannam, I, ‘Legal and Policy Framework to Support a Livestock/Grassland National Appropriate Mitigation Action in Mongolia’ (ADB R-CDTA 7534: Strengthening Carbon Financing for Regional Grassland Management in Northeast Asia, Asian Development Bank, 2012)

Hannam, I, and B Boer, Legal and Institutional Frameworks for Sustainable Soils: A Preliminary Report (IUCN, Gland, Switzerland and Cambridge, UK, 2002) 17 .

Hannam, I, and B Boer Drafting Legislation for Sustainable Soils: A Guide, (IUCN Gland Switzerland and Cambridge, UK, 2004)

Hannam, I, and Song Y, ‘Report and Recommendations on Revising the 1991 Water and Soil Conservation Law of the People’s Republic of China’ (Technical Assistance to the People’s Republic of China for the Implementation of the National Strategy for Soil and Water Conservation 4404, Asian Development Bank, 2006)

Hurni, H and K Meyer, A World Soils Agenda, Discussing International Actions for the Sustainable Use of Soils (Centre for Development and Environment, 2002) 46

Hurni, H, and U Weismann (eds), Global Change and Sustainable Development: A synthesis of Regional Experiences from Research Partnerships – Perspectives of the Swiss NCCR North-South,(Geographica Bernesia, vol 5, 2010).

International Bar Association Climate Change Justice and Human Rights Task Force Report, Achieving Justice and Human Rights in an Era of Climate Disruption, 2014

ISSD Reporting Services, First Global Soil Week: Soils for Life (November 2012)

IUCN and International Council of Environmental Law, Draft International Covenant on Environment and Development (2010) .

Kalbermatten, G, et al, Securitizing the Ground, Grounding Security, (UNCCD Secretariat, 2009)

Lal, R, U Safriel and B Boer, ‘Zero Net Land Degradation: A New Sustainable Development Goal for Rio+ 20’ (report prepared for the UNCCD Secretariat, May 2012)

Likens, G E, ‘The Ecosystem Approach for Understanding and Resolving Environmental Problems’ in R Watson (ed), Environment and Development Challenges: The Imperative to Act (University of Tokyo Press, 2014) 103

McAdamj, J, Climate Change, Forced Migration, and International Law (Oxford University Press, 2012)

Millennium Development Goals and Post-2015 Development Agenda, UN ECOSOC

Office of the High Commissioner for Human Rights, ‘Special Rapporteur on the Right to Food’

Open Working Group Proposal for Sustainable Development Goals, A/68/970

Open Working Group Proposal for Sustainable Development Goals, Sustainable Knowledge Platform

Open Working Group, 17 Sustainable Development Goals, Sustainable Development

Pak Low (ed), ‘Economic and Social Impacts of Desertification, Land Degradation and Drought’ (White Paper I, UNCCD 2nd Scientific Conference, 2013), sec 4, Policies and Strategies

Platjouw, F M, ‘The Need to Recognise a Coherent Legal System as an Important Element of the Ecosystem Approach’, in C Voigt, (ed) Rule of Law for Nature: New Dimensions and Ideas in Environmental Law, Cambridge, 2013, 158-174

Posey, D A, ‘Traditional Resource Rights, International Instruments for Protection and Compensation for Indigenous Peoples and Local Communities’ (IUCN, 1996)

Preparing for the Development Agenda beyond 2015, UN Department of Economic and Social Affairs (DESA)

Silberhorn, Thomas, ‘Keynote Speech’ Global Soil Week Bulletin (2015) 206 4,

The Future We Want, UN Doc A/66/L 56

The Soil Atlas, Facts and Figures about Earth, Land and Fields 2015, (Heinrich Böll Foundation and Institute for Advanced Sustainability Studies, 2015) (‘The Soils Atlas 2014’)

Third Global Soil Week (GSW) 2015 – ‘Soil. The Substance of Transformation’, (Berlin, 19-23 April 2015), IISD Reporting Services,

Töpfer, K, ‘Transformation is Needed – Transformation is Possible’ (Chairman’s Conclusions, Global Soil Week, April 2015) 3 .

United National Environment Programme, Environmental Rule of Law, ; and, Advancing Justice, Governance and Law for Environmental Sustainability, Proceedings of the Governing Council/Global Ministerial Environment Forum at its First Universal Session, UNEP/GC27/17 (12 March 2013)

UN Special Rapporteur on the Right to Food

UNCCD, ‘Zero Net Land Degradation: A Sustainable Development Goal for Rio+20: To Secure the Contribution of our Planet’s Land and Soil to Sustainable Development, Including Food Security and Poverty Eradication’ (Secretariat Policy Brief, May 2012)

UNCCD. ‘Human Rights and Desertification: Exploring the Complementarity of International Human Rights Law and the United Nations Convention to Combat Desertification: Desertification, Land Degradation and Drought’ (Issue Paper No 1, Secretariat of the United Nations Convention to Combat Desertification in cooperation with the Swiss Agency for Development and Cooperation, Druck Center Meckenheim GmbH, 2008)

UNCCD, A Stronger UNCCD for a Land Degradation Neutral World (Secretariat Issue Brief, 2013)

UNCCD, 2nd Science Conference: Economic Assessment of Desertification, Sustainable Land Management and Resilience of Arid, Semi-Arid and Dry Sub-Humid Areas (Bonn, April 2013)

UNCCD, Consultative Meeting of Experts on a Sustainable Development Goal (SDG) on Land Degradation Neutral World (LDNW) and on the target of Zero Net Land Degradation (ZNLD) (26-27 June 2013)

UNCCD, COP11 (Windhoek Namibia, September 2013); Second Global Soil Week in October 2013; Global Soil Week 2013: Losing Ground? 27-31 October 2013, IISD Reporting Services,

Waters, L, 'Indigenous Peoples and the Environment: Convergence from a Nordic Perspective' (2002) 20 UCLA Journal of Environmental Law 237.

Wyatt, A, ‘The Dirt on International Environmental Law Regarding Soils: Is the Existing Regime Adequate?” Duke Environmental Law & Policy Forum (2008) 19 165, 166.