Rights and REDD+: Legal and regulatory considerations

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The clarification of forest tenure is essential for the sustainable success of REDD+. Successful tenure reform should be supported by a participative process and build on customary tenure systems. Tenure reform, however, is a long-term process that has to be implemented in parallel with other REDD+ policies. The allocation of carbon rights is a precondition for subnational carbon crediting. The allocation can in most cases be deducted from existing legal principles. The clarification of carbon rights is not a condition for REDD+ policies that are not associated with entity-level carbon crediting and trading. The discussion about sharing international benefits must go hand in hand with a discussion about sharing the costs and burdens of REDD+. It is important to manage expectations regarding benefits, in particular where the international incentive systems are still under development.

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