Module 2:

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Developing legal and institutional frameworksfor
invasive alien species
Module 2 laying the foundations for effective
national frameworks
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what this module covers

• key issues
• reviewing strengths and weaknesses of existing
  frameworks
• ways to mainstream invasives across
  institutions/legislation
• design of legislation (scope, terms,
  cross-cutting principles)

• key issues

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role of legal frameworks

• provide a regulatory mechanism for defining
  long-term policy objectives
• establish principles, standards and procedures to
  achieve them
• assign responsibility to government authorities
  and give them the authority to carry out their
  mandates
• establish the institutional structures needed to
  implement and enforce laws

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key issues to address
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Step 1. Political decision
Step 2. Gather information and produce draft
policy
Step 3. Develop national policy
Step 4. Draft, enact and implement legislation
Step 5. Monitor and evaluate system
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Reasons for possible resistance...
Step 1 Political decision

• Lack of awareness
• Conflicts of interest
• Competing priorities
• Conflicts/gaps in policy
• Lack of coordination
• Fears about cost

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• Step 2
• Gather information and produce draft policy

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• Step 2 (a)
• Identify and assess international commitments

IAS are covered by customary international law,
binding international instruments and soft law
codes and recommendations International and
regional instruments set out norms and guidelines
within which national regulatory frameworks
developed
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International regulatory framework
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• Step 2 (b)
• Assess national institutional and regulatory
  framework

• Questions to consider
• Scope of framework
• Institutions
• Decision-making
• Integration of IAS into development
  planning/control
• Relations with other countries
• Trade
• Liability
• Flexibility and adaptability

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mainstreaming IASthe need for institutional
coordination

• IAS affect all environmental programmes
• engage agricultural and trade communities from
  start
• which institution should take lead role
• coordination within and between sectors support
  from technical advisory committee
• engage local administration too

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example of a cross-sectoral mechanism for IAS
coordination
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• Step 3
• develop policy framework

• Policy provides guidance to planners,
  decision-makers and law-makers
• Identify policy choices
• Acceptable risk levels
• Distribution of responsibility for risks
• Should contain
• REALISTIC VISION
• Goals and objectives of IAS management
• How the goals and objectives to be met (action
  plans regularly updated...)

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• Step 4
• developing appropriate legislation

• Generic components and requirements
• administrative mechanisms/approaches appropriate
  to IAS challenges and implementation capacity
• authorisation of particular agencies,
  institutions and officials
• establishment of specific prohibitions,
  restrictions, rights and obligations
• development of a regulatory programme for
  implementation of selected measures
• communication of facts to on-the-ground
  officials and the public
• protocols and procedures for enforcement

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what IAS legal and management frameworks need to
cover
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What kind of legislation is most suitable for
your country?
specific and comprehensive IAS law

no one size fits all approach
core framework legislation
separate sectoral laws consistent with agreed
approaches
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deciding on objectives

• Rationale for legislation needs to be clearly and
  easily understood
• prevent or minimise IAS impacts to ecosystems,
  economies, health
• conserve living resources and associated
  industries
• protect indigenous biodiversity
• promote international and regional cooperation
  and harmonisation of management practices
  pertaining to IAS

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deciding on scope

• must be broad enough (across all relevant laws)
  to cover all taxonomic groups and introductions
  to all ecosystems
• needs to go below species level to cover
  sub-species and micro-organisms
• needs to cover in-country introductions as well
  as imports
• consistency between relevant laws is essential

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deciding on definitions

• keep it simple only define terms where essential
  for legal precision
• introduction and the question of intention
• terminology of origin defining alien and
  native
• invasive (the notion and degree of threat)

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cross-cutting principles to underpin national
legislation

• the precautionary principle
• Where there are threats of serious or
  irreversible damage, lack of full scientific
  certainty shall not be used as a reason for
  postponing cost-effective measures to prevent
  environmental degradation. (Rio Declaration on
  Environment and Development, 1992)
• Central to IAS management because of the
  difficulty in predicting invasiveness. Should be
  applied to
• decision-making on intentional introductions of
  new alien species
• prioritisation of pathway management measures
• monitoring and oversight following a first-time
  introduction
• design of control measures

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cross-cutting principles to underpin national
legislation

• the ecosystem approach
• integrated management approach that considers all
  aspects of a functioning ecosystem actions with
  well-defined objectives consider the whole
  ecosystem and its users
• beyond a species-by-species approach to promote
  the broader goal of maintaining functioning
  ecosystems with reasonably intact biodiversity

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cross-cutting principles to underpin national
legislation

• Polluter/User Pays principle
• The user seeking to conduct the activity that may
  result in an IAS introduction, and aiming to
  benefit from it, should bear any costs associated
  with the process.

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• Step 5
• Monitor and evaluate
• institutional and regulatory framework

• assess effectiveness of measures adopted
• critical to provide rational basis for future
  development of law and policy

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thank you