Resources
The Constitution of Nepal
Constitution of Nepal drafted in 2015 by the Second Constituent Assembly is the present governing Constitution of Nepal. It came into effect on Sept 20, 2015 and was drafted by the Second Constituent Assembly. This succeeded the Interim Constitution of 2007.
Forest Act (1993)
This Act provides for the development and conservation of forest and for the proper utilization of forest products.
Environmental Conservation Act (Law 9/2012)
The objectives of this Environmental Law, consisting of XIV Chapters, are as follows: to enable to implement the Myanmar National Environmental Policy; to implement the basic principles and give guidance for systematic integration of the matters of environmental conservation in the sustainable development process; to enable to emerge a healthy and clean environment and to enable to conserve natural and cultural heritage for the benefit of present and future generations; to reclaim ecosystems as may be possible which are starting to degenerate and disappear; to enable to manage and implement for decrease and loss of natural resources and for enabling the sustainable use beneficially; to enable to implement for promoting public awareness and cooperation in educational programmes for dissemination of environmental perception; to enable to promote international, regional and bilateral cooperation in the matters of environmental conservation; to enable to cooperate with Government departments, Government organizations, international organizations, non-government organizations and individuals in matters of environmental conservation.
Farmland Act (2012)
This Farmland Law, consisting of XIII Chapters, establishes the requirements for benefitting from the Right for Farming as follows: A person who has the permission of right to use farmland shall have to apply for getting the Land Use Certificate to the Township Land Records Department Office passing it through the relevant Ward or Village Tract Farmland Management Body. With respect to Section 4 of this law, the Office of Township Land Records Department shall scrutinize and submit the cases of right to use farmland to the relevant Township Farmland Management Body. The Township Farmland Management Body shall issue the Land Use Certificate to the following person or organization with respect to existing farmland on the day of enforcement date of this law, by the approval of District Farmland Management Body, after paid the prescribed registration fees and registered at the Township Land Records Department's Office.
Environment Conservation Law (2012)
The objectives of this Environmental Law, consisting of XIV Chapters, are as follows: to enable to implement the Myanmar National Environmental Policy; to implement the basic principles and give guidance for systematic integration of the matters of environmental conservation in the sustainable development process; to enable to emerge a healthy and clean environment and to enable to conserve natural and cultural heritage for the benefit of present and future generations; to reclaim ecosystems as may be possible which are starting to degenerate and disappear; to enable to manage and implement for decrease and loss of natural resources and for enabling the sustainable use beneficially; to enable to implement for promoting public awareness and cooperation in educational programmes for dissemination of environmental perception; to enable to promote international, regional and bilateral cooperation in the matters of environmental conservation; to enable to cooperate with Government departments, Government organizations, international organizations, non-government organizations and individuals in matters of environmental conservation.
Conservation of Water Resources and Rivers Law (2006)
The aims of this Law, consisting of VII Chapters, are as follows: to conserve and protect the water resources and rivers system for beneficial utilization by the public; to smooth and safety waterways navigation along rivers and creeks; to contribute to the development of State economy through improving water resources and river system; to protect environmental impact. This Law also establishes duties and powers of competent authorities entitled to manage and control all activities related to navigation, harbouring, conservation of rivers and creeks, including the implemention of prohibited activities carried out along the inland waters. Offences and penalties for illegal activities are appended to the text.
Freshwater Fisheries Law (1991)
This Act covers fishing in freshwater fisheries waters defined as "waters, pond, course, river, stream and lake which is of permanent or temporary nature and in which fish live and thrive and which is situated within the inland boundary along the coast of Myanmar".This Law is divided into 14 chapters. The definitions and objectives of the law are covered in chapters 1 and 2.
Protection of Wildlife and Conservation of Natural Areas Law (1994)
The objectives of this Law, consisting of XII Chapters, are as follows: (a) to implement the Government policy for wildlife protection; (b) to implement the Government policy for natural areas conservation; (c) to carry out in accordance with the International Conventions acceded by the State in respect of the protection and conservation of wildlife, ecosystems and migratory birds; (d) to protect endangered species of wildlife and their natural habitats; (e) to contribute for the development of research on natural science; (f) to protect wildlife by the establishment of zoological gardens and botanical gardens. This Law provides for the protection of wildlife and wild plants of the Government, for the conservation of natural areas, for the preservation of wild life and wild plants and their habitats, etc. The Government shall form a Committee for the Protection of Wild Life and Wild Plants and Conservation of Natural Areas (Chapter III). Categories of natural areas are listed in article 7.
Mines Law (1994)
The Law provides for all the activities related to mining and exploiting the mineral resources, be them gemstone (ruby, diamonds, opal, sapphire etc.), metallic mineral (iron, gold, silver, zinc, copper, aluminium etc.), industrial mineral (coal, asbestos, etc.) and stone (marble, limestone, quartz, granite etc.). Large scale-production is encouraged as the exportation of mineral products. Permits to mine gemstone and other mineral resources are granted by the Ministry of Mines that shall also supervise all mining activities in order to guarantee the correct exploitation of the resources, their protection as well as the protection of the environment. Land and water utilization are allowed under the provisions of the present Law and, furthermore, the acquisition of land by the State in order to conduct mining operations is provided for. Producers and traders shall pay royalties to the State for all the mineral production sold , at fixed rates. Mineral Reserve Areas shall be declared by the State where mining activities and operations may be carried over and any existing rights on the area shall be compensated for to the land tenants. Mineral resources are property of the State, regardless of the owners of that parcel of land.
Multilateral Environmental Agreements, Legal Status of the Secretariats
The present study seeks to examine the genesis, development, and proliferation of multilateral environmental agree-ments (MEAs) - in-built law-making mechanisms and processes of institutionalization - and their ad hoc treaty-based status and the issue of the legal personality of their secretariats. It provides legal understanding of the location of MEA secretariats within an existing international host institution, as well as discussion of the issue of relationship agreements and interpretation of the commonly used language that triggers such relationships.