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Special Issue: The Legal Aspects of REDD+ Implementation: Translating the International Rules into Effective National Frameworks ∙ A Legal Perspective of Carbon Rights and Benefit Sharing under REDD+: A Conceptual Framework and Examples from Cambodia and

Sophie Chapman, Martijn Wilder, Ilona Millar, Arjuna Dibley, Donal Yeang, Joe Heffernan, Kirtiman Sherchan, Rowena Maguire, Caroline Wanjiku Kago, Nelly Kamunde-Aquino, Leah Kiguatha, Yvonne Nana Afua Idun, Mona Doshi, Gretchen Engbring, Elizabeth Dooley


This article discusses two key issues in REDD+ design and implementation at the national level – carbon rights, and benefit sharing. Both carbon rights and benefit sharing can be understood as new legal concepts (although they build on existing law), and as legal concepts they offer a framework for addressing related areas of REDD+ policy. Many countries are currently considering how to manage carbon rights and benefit sharing issues, including Cambodia and Kenya. Both of these countries host existing forest carbon projects and are also in the process of designing national REDD+ programmes. This article uses a conceptual framework for carbon rights and benefit sharing derived from legal analysis to consider the cases of both Cambodia and Kenya, and also includes a general discussion of the challenges countries might encounter when considering how to manage carbon rights and benefit sharing in the context of REDD+ implementation.

Dr. Sophie Chapman is a Research Associate at the Centre of Development Studies (Department of Politics and International Studies) and the Cambridge Centre for Climate Change Mitigation Research (Department of Land Economy), University of Cambridge; Martijn Wilder AM is a Partner in the Global Climate Change and Environmental Markets Practice at Baker & McKenzie, and Adjunct Professor of Climate Change Law at the Australian National University; Ilona Millar is a Special Counsel in the Global Climate Change and Environmental Markets Practice at Baker & McKenzie; Arjuna Dibley is an Associate in the Global Climate Change and Environmental Markets Practice at Baker & McKenzie and an Associate at the University of Melbourne Law School; at the time of writing, Donal Yeang was a National REDD+ Policy Adviser under the Asia Pacific REDD+ Community Carbon Pools Programme at Fauna & Flora International (Cambodia); at the time of writing, Kirtiman Sherchan was a REDD+ Coordinator under the Asia Pacific REDD+ Community Carbon Pools Programme at Fauna & Flora International (Cambodia); Joe Heffernan is the Executive Director of the Ethical Trading Co. Pty. Ltd. (Sydney, Australia); Dr. Rowena Maguire is a Senior Lecturer in the Faculty of Law at the Queensland University of Technology (Brisbane, Australia); Caroline Wanjiku Kago is a Lecturer in Private Law at the Kenyatta University School of Law, Nairobi, Kenya; Nelly Kamunde-Aquino is a Lecturer in Public Law at the Kenyatta University School of Law, Nairobi, Kenya; Leah Kiguatha is a Lecturer in Public Law at the Kenyatta University School of Law, Nairobi, Kenya; Dr. Yvonne Nana Afua Idun is a Lecturer in Public Law at the Kenyatta University School of Law, Nairobi, Kenya; Mona Doshi is a Partner at law firm Anjarwalla & Khanna (Mombasa, Kenya); at the time of writing, Gretchen Engbring was a Researcher at the Cambridge Centre for Climate Change Mitigation Research, University of Cambridge; and, at the time of writing, Elizabeth Dooley was a Researcher at the Cambridge Centre for Climate Change Mitigation Research, University of Cambridge. The authors are grateful to Julian Bridgett for his editorial assistance. This research was generously sponsored by the Swedish Ministry of the Environment/Swedish International Development Cooperation Agency (SIDA).

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