ensure, that degradation not being offset for a specific project are compensated by
other means.
It is crucial to understand that probably most if not all national legal system do not
foresee a complete compensation scheme for all degradation processes taking into
account the various drivers and the soil threats. Thus an overarching planning
instrument is certainly needed to identify the major gaps on the project level and
to arrange for sufficient restoration or rehabilitation projects.
Taking such an analytical approach would allow states to evaluate whether their
current national legislation implements the LDN objective. Thereby the existing
gaps could be identified and solved—if there is political will to do so.
4 Conceptual Thoughts on International Soil Governance
In the previous section it has been explained what particularities have to be observed
with regard to a good soil governance and how good soil governance has to be
designed.
In the following section, some conceptual thoughts will be presented with respect
to future international soil governance. To this end, it will first be shown that current
international law is fragmented and does not oblige to specific soil related measures.
The “regulatory impact” of existing international law with regard to soil protection is
thus very limited.
Based on this conclusion and taking as given that states would seek an effective
international soil regulation, it will be discussed which conceptual approach of
international soil governance would be suitable. Finally an idea will be presented
on how such a new soil treaty could be operationalized.
4.1 International Treaty Law: Fragmented and No Specific
Measures
First of all, it has to be said that there is no international treaty specifically dealing
with soils.
43 Thus no international treaty sets a general framework for sustainable
soil management or acts like an anchor for this topic.
The UN Convention to Combat Desertification (UNCCD),
44 the Convention on
Biological Diversity (CBD)
45 and the UN Framework Convention on climate
43 Ginzky (2016), p. 11.
44 The Text of UNCCD could be found under: www.unccd.int.
45 The Text of CBD could be found under: www.cbd.int.
44
H. Ginzky
other means.
It is crucial to understand that probably most if not all national legal system do not
foresee a complete compensation scheme for all degradation processes taking into
account the various drivers and the soil threats. Thus an overarching planning
instrument is certainly needed to identify the major gaps on the project level and
to arrange for sufficient restoration or rehabilitation projects.
Taking such an analytical approach would allow states to evaluate whether their
current national legislation implements the LDN objective. Thereby the existing
gaps could be identified and solved—if there is political will to do so.
4 Conceptual Thoughts on International Soil Governance
In the previous section it has been explained what particularities have to be observed
with regard to a good soil governance and how good soil governance has to be
designed.
In the following section, some conceptual thoughts will be presented with respect
to future international soil governance. To this end, it will first be shown that current
international law is fragmented and does not oblige to specific soil related measures.
The “regulatory impact” of existing international law with regard to soil protection is
thus very limited.
Based on this conclusion and taking as given that states would seek an effective
international soil regulation, it will be discussed which conceptual approach of
international soil governance would be suitable. Finally an idea will be presented
on how such a new soil treaty could be operationalized.
4.1 International Treaty Law: Fragmented and No Specific
Measures
First of all, it has to be said that there is no international treaty specifically dealing
with soils.
43 Thus no international treaty sets a general framework for sustainable
soil management or acts like an anchor for this topic.
The UN Convention to Combat Desertification (UNCCD),
44 the Convention on
Biological Diversity (CBD)
45 and the UN Framework Convention on climate
43 Ginzky (2016), p. 11.
44 The Text of UNCCD could be found under: www.unccd.int.
45 The Text of CBD could be found under: www.cbd.int.
44
H. Ginzky