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Abstract

This Article focuses on the evolving debates concerning jointly implemented forest and forestry activities. More specifically, this Article focuses on forest and forestry activities under the Clean Development Mechanism ("CDM"). The 1997 Kyoto Protocol to the United Nations Framework Convention on Climate Change ("Kyoto Protocol") effectively created the project-based flexibility mechanisms that would allow for joint implementation of policies and measures under the climate change legal regime. Article 6 envisioned joint implementation (between developed countries and economies in transition), and Article 12 envisioned the CDM (between developed and developing countries). The overall objective of this Article is to identify the current political, policy, legal, and technical challenges inherent in forest and forestry activities under the CDM; provide an assessment of likely trends for upcoming commitment periods; and, finally, propose viable solutions for overcoming future obstacles that currently prevent further developments in this area of the CDM. This Article is divided into four sections. The first section will explain how forest and forestry practices were introduced into the climate change legal regime; the science supporting such inclusion; and the different definitions, legal standings, and possible approaches to dealing with the issues envisioned by the UNFCCC, the Kyoto Protocol, and the decisions of the Conferences of the Parties and Meetings of the Parties. The second section distills the legal and institutional framework specific to forest and forestry activities under the CDM from the more complex and comprehensive climate change legal regime. The third section identifies the current challenges facing forest and forestry activities under the CDM. The fourth section provides possible solutions for overcoming those challenges in view of upcoming commitment periods.

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