The mechanisms of the Kyoto Protocol, particularly the Clean Development Mechanism (CDM), are coming to life, and the first certified emission reductions are now being issued, generated not surprisingly in renewable energy projects. Forestry projects, too, are gaining increasing attention. African countries in particular feel that carbon sequestration can offer them a chance to participate in emissions trading.
CDM afforestation and reforestation projects, commonly referred to as sink projects, have special features compared with CDM projects in the energy or industry sector. Sink projects usually involve large areas of lands, a circumstance which raises particular legal issues. These issues mainly centre around land tenure, land use rights and the subsequent ownership of certificates resulting from the CDM process.
The report presented here analyses the crucial issues and serves as a guide to project developers and policymakers in developing countries. The four country studies conducted were very useful in the areas of land rights, access to sequestered carbon and title rights for certified emission reductions (CERs). The studies also helped identify how the framework regulations of the United Nations Framework Convention on Climate Change (UNFCCC) for sink projects can be translated into national policy and regulations.
The report includes a useful discussion about diverting official development assistance to CDM sink projects, something that the Kyoto Protocol does not permit for any CDM projects; these aspects may particularly benefit international donors and implementing agencies. Finally, in recognition of the fact that laws are only a tool for policymakers, the report points out that “common sense” solutions are a good way to address the objectives of the CDM; they provide clear and tangible socio-economic and environmental benefits to public participants and are politically acceptable.
