Legal Frameworks for REDD - Additionality and Permanence

Summary

By carefully identifying and considering legal issues regarding the formulation of REDD baselines, thepursuit of project permanence, and the achievement of additionality, it is hoped that governmentswill be able to build strong national legal frameworks for REDD. The overarching aim of a REDDframework must be to ensure close correlation between emissions reductions and earned carboncredits, and in this regard, ensure that:• The project is not merely subsidizing a pre-existing avoided deforestation activity;• Baselines are set taking into account relevant national circumstances that will underpin overallenvironmental effectiveness;• Permanence is assured through appropriate benefit sharing, national-level safeguards, and priorassigned apportionment of liability.The underlying aim of any REDD regime is to ensure reduction of GHG emissions, and this must bethe guiding criteria behind any REDD regime. In this regard, analysis of the national case studies hasrevealed inefficient legal frameworks with laws that directly contradict the aims of a REDD project,while a lack of harmony between national and sub-national legislation may prove to be a significantbarrier to sub-national implementation if benefits are not apportioned. In order to achieve a stable,long-term emissions reduction project, legal certainty as to the permanence of carbon stored (i.e.,the investment) must be assured.