KLRI : KOREA LEGISLATION RESEARCH INSTITUTE

Ⅰ. Backgrounds and Purposes

▶ Article 5 of Paris Agreement highlights the importance of forest in reducing greenhouse gas emission, providing “Parties should take action to conserve and enhance, as appropriate, sinks and reservoirs of greenhouse gases as referred to in Article 4, paragraph 1 (d), of the Convention, including forests.” By reiterating Article 4 of the Framework Convention on Climate Change, Paris Agreement encourages parties to introduce REDD+

○ REDD+ refers to the global effort to reduce emissions from deforestation and forest degradation, plus the sustainable management of forests, and the conservation and enhancement of forest carbon stocks. 

○ In fact, REDD+ has drawn attention from home and abroad and the REDD + framework is expected to be utilized for global reduction effort provided in Paris Agreement, legislative and other necessary measures have not been taken

▶ The study analyzes legislation system of Korea regarding REDD+ and presents suggestions to improve legislation on it

○ Previous studies explained the Korean legislation on effort to reduce greenhouse gas emission in global mechanisms on REDD+, forest development cooperation, climate change, etc. Or they carried out case studies on practices or measures taken in respect of forestry and forestry

○ However, no study reviewed on how to realize and systematize the use of forests for emission reduction in the domestic legal system

 

Ⅱ. Major Content 

▶ What REDD+ is and global discussions

○ REDD+ attaches economic values to the amount of carbon emissions suppressed by forests absorbing and accumulating carbon

○ In forestry utilization, deforestation and forest damage prevention, rather than reforestation and reforestation, means “managing the amount of forest to be kept constant or reduced compared to the existing trend from the point of reference

○ Subparagraph 2 of article 5 of Paris Agreement reiterates previous global climate change frameworks on policies and decisions of the Framework Convention on Climate Change so as to present importance of forests in greenhouse gas emission reduction, providing “policy approaches and positive incentives for activities relating to reducing emissions from deforestation and forest degradation, and the role of conservation, sustainable management of forests and enhancement of forest carbon stocks in developing countries“

▶ Analysis on Korean legislation on Carbon Sink 

○ Korean legislations on forest include Framework Act on Forestry,  Creation and Management of Forest Resources Act, Mountainous Districts Management Act, Forest Protection Act,  Act on the Management and Improvement of Carbon Sink, State Forest Administration and Management Act, Creation and Management of Urban Forest Act, Forest Welfare Promotion Act, Forestry Culture and Recreation Act, Act On The Creation And Furtherance Of Arboretums And Gardens, Forest Education Promotion Act, Overseas Agriculture And Forest Resources Development And Cooperation Act and so on

○ Currently,  three legislations provide carbon sink related issues; Framework Act on Forestry, Framework Act On Carbon Neutrality And Green Growth For Coping With Climate Crisis, and Act On The Management And Improvement Of Carbon Sink

- Article 1 of Act On The Management And Improvement Of Carbon Sink explicitly provides legislation purpose stating “the purpose of this Act is to respond to climate change by managing and improving the role of forests as carbon sinks pursuant to Article 33 of Framework Act On Carbon Neutrality And Green Growth For Coping With Climate Crisis”. Simply put, the act is implemented as a part of policy on reduction of greenhouse gas emission and coping with climate crisis.

○ Possibilities to realize REDD+ based on current legislations, and limitations

- The primary purpose of REDD+ is to reduce greenhouse gas emissions from mountain conversion and deforestation. However, the Paris Agreement provides room to include emission reduction by utilizing carbon sinks when a nation sets its reduction target. Taking into account of global development in climate change, legislations should move from providing declaratory provisions to presenting more practical and specific approaches

▶ Improvement measure to activate and systematically implement REDD+ mechanism

○ REDD+ discussion was able to materialize and systematize after a consensus was formed that REDD+ would beneficial to the world, not just a specific country

○ If REDD+ is a mechanism that could bring common benefits to the world, it would be justifiable for countries to activate REDD+ and systematically implement it in their effort to respond to climate change. However, legislation on REDD+ is required to be elaborated further reasons that Korea should promote the implementation of REDD+

○ The current Carbon Sink Act focuses on policies to maintain and enhance the carbon sink function of domestic forests. For this reason, domestic polices on carbon sink do not keep up with international measures to promote the maintenance of carbon sinks

○ The REDD+ regulation in the current carbon sink law did not reflect the discussions after the Paris Agreement

○ If it is necessary to reflect the current status and flow of the international community in domestic policies, international changes should be reflected in domestic standards promptly. Therefore, it is necessary to continuously monitor so that a gap does not occur between domestic standards and international standards, and to ensure that there is coherence between the two countries

○ The definition and meaning of ‘tradeable carbon credits in the international market’ should be clarified

- After the international mitigation project provisions and related revision notices in accordance with the 「Basic Act on Carbon Neutrality and Green Growth for Response to Climate Crisis」 are finalized, the contents of the regulations are reviewed based on the revised regulations and the draft notice Needs to be

○ Regarding the matters to be pursued by the Minister of the Korea Forest Service for the maintenance and promotion of carbon sinks, the details of the use of the reduction results obtained through the REDD+ project registered in accordance with the Framework Act on Carbon Neutrality to achieve mid- to long-term reduction goals, etc. REDD+ project promotion, etc. may be included

 

Ⅲ. Expected Effects

▶ This study could facilitate to take legislative measures on REDD+ and to encourage future research on ways to activate REDD+ mechanism in Korea