This "Preliminary analysis of three environmental laws in relation to carbon management" is a component of the Regional TA on managing grassland areas in the face of climate change in the People's Republic of China (PRC). The regional capacity development technical assistance (TA) for Strengthening Carbon Financing for Regional Grassland Management in Northeast Asia is a continuation of the Asian Development Bank (ADB) support for regional cooperation among the countries of Northeast Asia to combat dust and sandstorms. Overall, the TA contributes to the implementation of the regional master plan that was prepared under the TA on Prevention and Control of Dust and Sandstorms in Northeast Asia. In particular, the PRC TA focuses on land management techniques that improve soil carbon levels and therefore contributes to the reduction of land degradation from the effects of climate change. The principal aim of this preliminary analysis is to provide information on the capacity of three selected PRC environmental laws relating to the management of carbon associated with agricultural land use activity in the grassland areas, as a contribution to the regional TA. Specifically, the analysis investigates the capability of the PRC Agriculture Law 2003 to manage soil carbon, including its relationship with the PRC Grassland Law 2002 and the PRC Desertification Law 2001 (the national laws), from an integrated perspective in relation to the management of soil organic carbon (SOC) in PRC grasslands.

1. At the meeting between University of England (UNE) and the legal Task Forces (LTFs) on 4 and 7-8 October 2009 in Bishkek an urgent need for additional specialized training was identified by the LTFs. In particular the training would focus on skills to enable the LTFs to effectively complete their obligations in preparing the Regional Natural Resource Management Governance Framework (RNRMGF), including national laws and institutions necessary to implement the trans-boundary law. 2. Key topics requested by the LTFs for further training included: • Interpretation of governance principles and international environmental law norms (from global and regional environmental treaties and strategies) and application to national level law-making and reform; • Developing legal and institutional elements from international law for; land management, protected area management, biodiversity, climate change, soil and water protection, environmental management - for national law-making and reform; • Discussing case examples from these legislative areas to show how the norms and elements can be directly applied by LTFs in preparing the RNRMGF, which includes the national laws and institutions necessary to implement a trans-boundary law.

The fundamental philosophy of soil and water conservation is that "the conservation and enhancement of the quality of soil and water are a common concern of all humanity. Inherent in this philosophy is the responsibility of humanity for maintaining and enhancing the productivity of soil, taking effective measures to prevent soil degradation and safeguarding and improving the quality of water resources to meet the needs of agriculture, society and nature". In this regard, it is recognized that nations should prepare national action plans to assist with the implementation of good land husbandry. These plans should provide for the conservation of soil and water by including provisions for integrated land management; environmental impact assessment; development of adequate environmental standards and controls; the monitoring of environmental quality; scientific and technical cooperation; development and transfer of technology; development and sharing of information and knowledge; and environmental education and training (WASWC 2008). Since the 1950s Mongolia had been transformed by rapid economic development and industrialization from what was predominantly an agricultural economy based on nomadic animal husbandry, towards an industrial economy. Today over half the population lives in urban areas. As was the case with many rapidly industrializing countries, environmental and resource management considerations were generally absent from land planning and utilization. As a consequence, Mongolia's soil and water resources are now significantly degraded. With an area of 1.56 million square km, and a population of around only 2 million, Mongolia is the seventeenth largest country in the world territorially but much of the land is not productive. Land that is productive is under developmental pressures that are leading to environmental deterioration. Land available for agricultural production is decreasing: grazing land was 141 million hectares in the1960s but has now dropped to 117 million hectares while the number of livestock has risen to 43 million head. This number has increased in recent years because Mongolia has not had a dzud for several years. Like many developing countries, Mongolia's economy is raw material oriented, where raw materials from the agricultural and mining sectors and semi finished products provide the main export items. Many environmental, social, economic, political and legislative factors interact in Mongolia that affect its ability achieve effective soil and water conservation. Mongolia was a socialist state with a centrally planned economy until 1990 when it became independent of the USSR and adopted a democratic form of government and free market economy (UNDP 2005).

There are many reasons why members of the public and stakeholders should participate in law-making, including having a role in "best practice in law-making". Consultation provides a way to test the clarity, comprehension and likely effectiveness of proposed legislation. In the PALM Region, participatory consultation will help to better identify social and ecological problems associated with achieving a sustainable land management (SLM) and how to maximise the quality and effectiveness of SLM legislation for the region. When the diverse range of affected interests and groups is included, especially disadvantaged and marginalised people in the PALM Region, SLM law-making decisions are more likely to be based on more complete information about the law itself, its impact and operation for the region. Global experience indicates that national environmental laws that are based on incomplete information will often need to be subsequently reformed. This not only incurs additional government and parliamentary time and resources, but also collateral costs associated with unintended or unforeseen impacts or injustice. Such costs may be substantial and significant, but they are difficult to calculate and are not likely to be compensated.

Outline: • International aspects • Key points from global experience • Observations from national level • Example 1 – Mongolia (single law) • Example 2 – China (integrated approach) • Improving national legislation • Conclusions

Working Report 2 follows from Working Report 1 where in the latter the background and concept to the Nationally Appropriate Mitigation Action (NAMA) approach for livestock/grassland management is discussed. A full discussion on the development and characteristics of a livestock/grassland NAMA is found in the paper "Nationally Appropriate Mitigation Actions for Grassland and Livestock Management in Mongolia" (Hannam and Tennigkeit). Working Report 2 discussed the legal and policy framework to support a livestock/grassland NAMA. Given the social, economic and ecological significance of the grassland/livestock industry to Mongolia, the policy, legal and institutional system to manage the climate change impacts on the grassland and the livestock industry should be developed in conjunction with an overall national climate change management system for Mongolia.

International border areas contain some of the most biologically intact ecosystems in the world. Due to range shifts induced by climate change more than half the world's species are in need of transboundary management. Without an appropriate management regime for the whole ecological unit, the risk of conflict over the use of the shared resource, or of fragmented and incomplete management is high. The design of legal and institutional arrangements therefore requires particular attention.

This Background paper (Working Report 1) confirms that the TA is assisting Mongolia in helping to clarify and develop information to support a NAMA for grassland/livestock management and in this context will help achieve carbon management. A key aspect of the NAMA Approach of the TA is the identification of the legal and policy framework to support the NAMA Approach. To achieve this objective, the Background paper suggests that TA develop a legal and policy framework to accommodate the first 3 critical steps in accessing low-carbon finance and in this way it will contribute to the NAMA development and implementation process. Since 2009 the Mongolian Government has commenced an environmental law reform program based on the outcome of the 2008 UNDP-Government Governance Project and other law and policy initiatives. A significant aspect of the legislative reform has been its consideration of the effects of climate change on the Mongolian environment. The UNDP-Government Governance Project proposes environmental management and climate change coordination as the primary environmental management strategy for Mongolia. The Background paper recommends that this approach now be developed accordingly, to support the NAMA approach and in consideration of the key principles and actions established by the Mongolia Second National Communication under the United Nations Framework Convention for Climate Change. The preliminary review of domestic and international environmental law and policy in relation to carbon management indicates various elements that should be considered for a Mongolian legal, policy and institutional framework for carbon financing. Working Report 2 discusses the legal, policy and institutional framework to support the grassland/livestock NAMA. It investigates legal and policy issues related to the NAMA Approach and outlines a legal and policy system for a grassland/livestock NAMA.

This paper will outline the approach adopted under the GEF/UNEP/UNU Sustainable Land Management Project (PALM) to address the gaps and constraints within the enabling legal, policy, and institutional environment at the regional, national and local government levels, through the development of an integrated trans-boundary strategic planning and regulatory framework. It will outline the process used to review existing national laws and regulations against the requirements for sustainable land management and ecosystem protection within the High Pamir and Pamir-Alai Mountains. Various gaps, conflicts and overlaps in existing legislation have been identified. It will describe the process adopted to improve the enabling legal and regulatory framework at the trans-boundary, national and local levels. In particular, the paper will outline the participative regional natural resource management governance framework, including the national laws and institutions to implement a new trans-boundary law for sustainable management of the high altitude mountain region, and its transferability to other similar regions of the world.

This chapter discusses the international and national environmental law for rangelands and outlines frameworks for legislative reforms to achieve sustainable use of rangelands. International and national legal instruments and institutional systems play a significant role in rangeland conservation. At the international level, it discusses a number of multilateral agreements that could be better used to promote the sustainable use of rangeland. Two national level approaches to reform environmental law for rangeland are presented, for Mongolia and PRC respectively, and may offer useful guidelines for other countries in the Asian region to follow in environmental law reform for rangeland management.