building capacity on protected areas law & governance module 2 governance principles &...

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Building Capacity on Protected Areas Law & Governance Module 2 Governance Principles & Approaches Exercise 2 Understanding the Stakeholders & Legal Sources of Authority in a Protected Area

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The Case Study

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Page 1: Building Capacity on Protected Areas Law & Governance Module 2 Governance Principles & Approaches Exercise 2 Understanding the Stakeholders & Legal Sources

Building Capacity on Protected Areas Law & Governance

Module 2

Governance Principles & Approaches

Exercise 2

Understanding the Stakeholders & Legal Sources of Authority in

a Protected Area

Page 2: Building Capacity on Protected Areas Law & Governance Module 2 Governance Principles & Approaches Exercise 2 Understanding the Stakeholders & Legal Sources

Background Purpose

Promote an understanding of the range of potential stakeholders exercising authority within a protected area.

Build awareness of the range of legal sources of such authority. Enable Learners to appreciate the role of law in founding and

influencing such authority. Foster critical appreciation of the array of internal and external legal

factors that influence the form, nature and relationship of stakeholders and authority within a protected area.

Structure Introduction to Exercise (20 minutes) Individual Work (50 minutes) Joint Class Discussion (40 minutes) Consolidation (10 minutes)

Page 3: Building Capacity on Protected Areas Law & Governance Module 2 Governance Principles & Approaches Exercise 2 Understanding the Stakeholders & Legal Sources

The Case Study

Page 4: Building Capacity on Protected Areas Law & Governance Module 2 Governance Principles & Approaches Exercise 2 Understanding the Stakeholders & Legal Sources

The Task … Question 1

Which stakeholders potentially exercise authority in relation to the TNTCA?

List all potential stakeholders relevant to the: Nzuri component of the TNTCA Zintle component of the TNTCA TNTCA as a whole

In respect of each of these stakeholders, identify the nature of authority exercised by each - what type of authority they exercise in relation to the TNTCA.

Page 5: Building Capacity on Protected Areas Law & Governance Module 2 Governance Principles & Approaches Exercise 2 Understanding the Stakeholders & Legal Sources

The Task … Question 2

What are the legal sources/basis of such authority? In respect of each of the above stakeholders, identify the

legal source/basis of such authority. Hint - possible sources/basis of legal authority:

International legal instruments Conservation servitudes

Memorandum of Understanding Conservation agreements

Constitution Settlement agreements

Statutes LeasesAssigned/delegated powers ConcessionsIntergovernmental agreements PermitsCommercial contracts Ownership

Page 6: Building Capacity on Protected Areas Law & Governance Module 2 Governance Principles & Approaches Exercise 2 Understanding the Stakeholders & Legal Sources

The Task Question 3

What broad contextual and site-specific legal factors impact on the source or exercise of authority in TNTCA?

Which stakeholders are affected/influenced by these legal factors?

Hint Contextual Legal Factors

International Context Regional Context Constitutional Context

Site-Specific Legal Factors Ownership Management Access/Use/Benefits