Comments

A dissertation submitted to the faculty at Elisabeth Haub School of Law at Pace University in partial fulfillment of the requirements for the degree of Doctor of Juridical Science in Environmental Law.

Document Type

Dissertation

Abstract

Illegal logging and its associated trade are one of the main causes of degradation of the Amazonian Rainforest in Brazil. They spring from several deficiencies in the regulatory and monitoring systems. The purpose of this work is to recommend mechanisms to overcome these deficiencies to eliminate illegal logging and its associated trade in the long-term and to enhance the appreciation of the standing forests and the sustainable use of their natural resources.

Chapter 1 provides an overview of the Brazilian tropical timber market’s trends, and briefly describes the main stages of timber supply chain to build familiarity with the activities surrounding it. Chapter 2 presents the aspects of the Brazilian federal environmental regulatory system of timber supply chain that are essential for further analysis of illegal undertakings.

Chapter 3 provides information on the factual aspects of illegal logging and associated trade in the Amazon. It analyzes the sector’s features and deficiencies and examines how effective the enforcement of the Brazilian environmental law has been to date. Chapter 4 describes the international mechanisms of timber trade control in use worldwide. It focuses on those systems that are the most effective and have beneficial impact – or potential beneficial impact if better promoted – on the Brazilian timber industry.

Finally, chapter 5 recommends a multi-faceted approach to be implemented by the Brazilian Government with the cooperation of the international community, non-profit organizations, and the private sector. It suggests strategies to promote effective international timber trade control mechanisms within the Brazilian Amazon timber industry, and to adapt effective tools provided by those mechanisms to the Brazilian environmental regulatory system. These strategies include instruments from the United States Lacey Act and the European Union Forest Law Enforcement, Governance, and Trade Action Plan, forest certification schemes, and the International Forest Regime. This work also provides recommendations to improve the efficiency of control mechanisms that are currently but poorly implemented in Brazil.

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