ABSTRACT

Both international soil and forest governance lack common definitions, legally binding obligations, authoritative institutions, monitoring and enforcement mechanisms, and data collection. Although the United Nations Framework Convention on Climate Change (UNFCCC) is the primary institution driving global change in soil and forest practices, it does not have the mandate to comprehensively regulate upon soil, forest and deforestation issues. Soils are a forgotten resource of international law and the current focus at the international level is to raise awareness of the value of soil with existing international environmental law tending to incidentally but not specifically create obligations to better manage, enhance and restore soils. Forests, in comparison, are not forgotten but rather have been a resource of much contestation within international environmental law. As such, states have avoided creating a legally binding agreement on forests, which has resulted in a proliferation of multiple soft law instruments setting standards for forest use and management. The interconnectedness of soils and forests is not currently recognised within international environmental law and this chapter argues that any future reforms to address soil and forest global governance must be holistic in nature and focus upon harmonising existing initiatives rather than creating a new, separate regime.