Global interest continues to grow in the investigation of an international instrument for soil and there are new initiatives in regional and national soil legislation and policy reforms in various regions (Balkans; the Americas Central Asia; Northeast Asia). The draft Soil Protocol for the Protection and Sustainable Use of Soil, prepared by the Specialist Group, was discussed at various international soil conservation forums and at two MEA Secretariats. In addition, a variation of the draft Soil Protocol, the Draft Protocol for Security and Sustainable Use of Soil, was prepared specifically in response to the UNCCD’s 10 Year Strategy and Framework (2008-2018). This version was presented at the Soil Legislation Side-event to UNCCD COP9 in Buenos Aires, 28 September 2009, organizad by CEL and University of Buenos Aires Law Faculty. Since UNCCD COP9 Soil SG members have continued discussion with various organizations on how to promote these initiatives.
Regional perspective
Balkans:
A number of Soil SG members participated in the International Land Conservation Conference in May 2010, Belgrade, Serbia. A proposal for the development of legislative guidelines for sustainable soils in the Balkan Region was discussed at the conference including an investigation into soil conservation laws and regulations in the region. Key papers were presented on developments in the EU legal framework for soil protection, history and ethics of European soil protection law, the use of environmental agreements in remediation of contaminated land, and progress in national and international soil legislation. Papers from Soil SG members presented at this conference are published in: Global Change-Challenges for Soil Management, Advances in GeoEcology, 41, 2010.
Americas:
Soil SG members participated in the CEL organized Side-event “Current Situation of the Law on the Conservation of Soil as a Resource: Strategies and Vision” to the UNCCD COP9, in Buenos Aires Argentina in September 2009. At this event, an MOU was signed between CEL, IUCN Academy of Environmental Law and the University of Buenos Aires to establish a basis for teaching soil law and for research into soil legislation in Argentina and adjoining States. In November 2009, at the invitation of the Organization of the American States, a presentation was made on activities of the Soil SG on “soil protection legislation” to OAS officials, and possibilities for soil legislation reform in the American States were discussed. Each of these
significant events provides a basis for future investigations into regional and national aspects of soil legislation in the Americas and will provide useful legislative frameworks for other parts of the world.
Northeast Asia:
Various Soil SG members provided assistance to the People’s Republic of China in recent years on the revision of the 1991 PRC Water and Soil Conservation Law. The Revised Law was adopted by the Congress of the People's Republic of China in December 2010, and enters into force in March 2011. It introduces new procedures for coordination and monitoring, measures to prevent and control water and soil loss, and there is a new chapter on water and soil conservation planning.
Soil SG members are assisting Mongolia with the drafting of a new Soil Protection Law. The preparation of this law was a priority recommendation from the 2008-2009 comprehensive review of natural resources law in Mongolia. Land degradation has been increasing in Mongolia from the effects of overgrazing and changes in climate characteristics and new innovative laws will be an essential component of multidisciplinary land management.
Central Asia-Turkey:
Ian Hannam and Prof Nilufer Oral participated in discussions at Istanbul Bilgi University on the proposal to establish a Central Asian-Turkish Environmental Law and Policy Development and Studies Program within the Law School of the University. The aim is to provide quality environmental law education, knowledge and capability to the Central Asian region and other countries by offering a comprehensive environmental law and policy development and studies program through the Law School. The support of the international environmental law network (including IUCN Academy of Environmental Law, IUCN ELP, CEL Specialist Groups) will be drawn on to provide the educational and out-reach on environmental law and policy needs to these countries, particularly in land degradation and desertification control and impacts of climate change. Assistance is being provided to Tajikistan on the drafting of a national soil protection law to protect land resources of the high mountain region. This law was recommended from the 2009-2010 review of Tajik environmental law for sustainable land management.
Other activities:
An Environmental Policy and Law Paper (EPLP No. 80) on legal and policy issues for managing land degradation in the People’s Republic of China has been prepared, which is the third EPLP on ‘Soil Law’. This publication is the outcome of a cooperative effort between the IUCN ELP, the Asian Development Bank, CEL Soil SG members and Chinese environmental lawyers. Professor Du Qun and Dr Ian Hannam are the editors.
A chapter on 'Soil Conservation Legislation' was prepared by Ben Boer and Ian Hannam for the Encyclopedia of Sustainability (Vol. 3: The Law and Politics of Sustainability).
