A Legal Perspective of Carbon Rights and Benefit Sharing under REDD+

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.

Balancing the Scales of Electoral Justice: 2013 Kenyan Election Disputes Resolution and Emerging Jurisprudence

This Book documents the emerging electoral jurisprudence and electoral dispute resolution mechanisms under the new regime prescribed in the Constitution of Kenya, 2010 (CoK). The Chapters herein are informed by various aspects that came to play during the settlement of electoral disputes that arose following the 2013 General Elections.

Constitution-Building in Africa

In this book, 12 African scholars examine constitution-building in nine African jurisdictions. The chapters emanate from the International Conference on Constitution-Building in Africa, hosted by the Community Law Centre on 6 September 2013 at the University of the Western Cape (UWC).

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

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.