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The Elements of Benefit-sharing for REDD+ in Kenya: A Legal Perspective journal article

Sophie Chapman, Rowena Maguire, Mona Doshi, Caroline Wanjiku Kago, Nelly Kamunde-Aquino, Leah Kiguatha, Elizabeth Dooley, Gretchen Engbring

Carbon & Climate Law Review, Volume 9 (2015), Issue 4, Page 283 - 297

Benefit-sharing is one of the most current and controversial topics within REDD+ policy debates at the national level. It encompasses a range of different issues, and the practical design of benefit-sharing mechanisms within both REDD+ projects and wider jurisdictional programmes is a complex task. A legal perspective of benefit-sharing offers an organising framework comprised of different “elements” which can be used to understand how existing laws apply to benefit-sharing and also to inform the structure of future benefit-sharing mechanisms. Kenya is currently reviewing its governance arrangements for REDD+, including how to manage existing project-level activities within a national programme. With a view to contributing to ongoing discussions regarding the governance of benefit-sharing under REDD+, this article considers how current Kenyan laws inform benefit-sharing arrangements for REDD+ and discusses issues that will require further attention moving forward.


Defining the Legal Elements of Benefit Sharing in the Context of REDD+ journal article

Sophie Chapman, Martijn Wilder, Ilona Millar

Carbon & Climate Law Review, Volume 8 (2014), Issue 4, Page 270 - 281

How to share the benefits from REDD+ implementation is an important consideration for any country. For benefit sharing mechanisms designed to operate at the national level (often referred to as Benefit Distribution Systems), subnational level or project level, common structural elements will exist. In legal terms, this article refers to these as the legal elements of benefit sharing. From a legal perspective, the key questions to consider with respect to benefit sharing include how benefits are defined, how benefits are allocated (and to whom), how benefits are distributed, and how to ensure the accountability of benefit sharing arrangements (such as measures to ensure public participation and transparency). In order to assist stakeholders to deconstruct and organise the many different issues discussed within benefit sharing dialogues, this article offers a conceptual model of benefit sharing from a legal perspective, identifying and describing the different structural elements underpinning benefit sharing arrangements at any level of REDD+ implementation.


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 journal article

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

Carbon & Climate Law Review, Volume 9 (2015), Issue 2, Page 143 - 155

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.


Special Issue: The Legal Aspects of REDD+ Implementation: Translating the International Rules into Effective National Frameworks ∙ Implementing REDD+ Under the UNFCCC: Basic Requirements and Guidance for Developing National Policy and Legal Frameworks journal article

Sophie Chapman, Martijn Wilder, Ilona Millar, Arjuna Dibley

Carbon & Climate Law Review, Volume 9 (2015), Issue 2, Page 101 - 112

Around the world, many developing countries are considering the practicalities of implementing REDD+ at the national level. As a starting point, the requirements outlined by the UNFCCC and other international schemes (such as the Forest Carbon Partnership Facility or different voluntary standards) provide guidance regarding what a national REDD+ policy needs to contain. This article discusses such requirements and guidance at the international level in order to provide countries with a summary of key considerations when addressing their domestic governance arrangements for REDD+.


Fostering REDD+ Investment Through Effective Legal Frameworks: Lessons From the Development of Early Forest Carbon Projects journal article

Sophie Chapman, Martijn Wilder

Carbon & Climate Law Review, Volume 7 (2013), Issue 1, Page 43 - 53

Forest carbon projects have been developed under the Clean Development Mechanism (CDM), the voluntary market and other domestic schemes. These projects provide insight into the practical challenges for REDD+ implementation with respect to defining rights to carbon, ensuring the permanence of REDD+ areas, and creating “investment-grade” carbon commodities which are capable of attracting private sector finance. Given that private sector finance will be necessary to scale-up REDD+ implementation, insight regarding the legal frameworks required to support private sector investment is valuable. This paper does not seek to advocate for either a market-based or projectlevel approach to REDD+ implementation, but draws on practical experience with early forest carbon projects to explore how legal frameworks for REDD+ can encourage private sector investment.

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