Over the past few years there has been a marked revival of interest in forest law. Some scholarly books and literature have been published on the subject. Two, on British and Italian legislation, have been reviewed recently in Unasylva.
Of greater interest, however, is the fact that many countries have indicated their intention to bring their forest laws into line with modern circumstances or else to codify dispersed texts. This is happening in France and Spain. Other countries, mostly in Latin America, intend to promulgate their first forest laws, or to put into effect laws that for the first time really correspond to their needs, environment and actual economic and social conditions, and to the real possibilities of enforcement. Honduras and Ecuador have recently gazetted forest laws, while drafts are under examination in Peru, Cuba and Chile.
It must be admitted that forest law in many countries is still defective. This is not a matter for surprise because these same countries have not yet managed to give definition to a really national forest policy. It is easy to give recognition to the universal principles of forest policy but to interpret these principles in national terms entails not only an appreciation of the present and potential roles (physical, economic and social) that a country's forests should fill but, beyond that, decisions as to the precise objectives to be attained and how this shall be done.
A forest law is not be regarded as a charter in a void, ignoring other laws which govern the economic and social life of a country, or custom and tradition. It must necessarily be one of a piece with all these. Nor, therefore, can it be regarded as unchangeable. In fact, it must be in a continual process of evolution even in countries where the law of forestry is of long standing. Forest law must be adapted to the often rapid changes in the economic and indeed political circumstances of a country. The recent adaptation of laws in Europe to induce afforestation, in order to prevent the fragmentation of woodlands or to encourage their consolidation, is a case in point.
But one must be on guard against making a fetish of forest law. A legal prescription is undoubtedly very useful to secure forest conservation and development, particularly in countries where the forest and non-cultivated land is mostly in private hands. Yet one may observe how forestry expanded in the United Kingdom, which had no forest law proper until the beginning of this century. There are, in fact, many countries with important forest resources which still have no unified or codified forest law. Forestry development is often contingent on laws which appear to have only an indirect bearing. In many countries now in the early stages of development, such laws are generally those governing land settlement. Elsewhere, they may be the laws controlling timber trade or the import of foreign equipment. They may be fiscal laws, inheritance laws, or relating to the establishment of associations and co-operatives. The legislation being built up in the United States in connection with the soil bank may have a considerable influence on forestry. It may not be necessary in all cases, therefore, to have a separate forest law. But if a particular law is the principal expression of the forest policy, the spirit of the law, once decreed, must be reflected also in the national legislation relating to the most diverse subjects.
It is none the less true that the present active interest in forest law is indicative of real progress being made. In countries where forestry is long established, it shows that governments are seeking to integrate their forest economy into the general economy and, more particularly, to adjust policy to the very much more diversified needs for wood of the present day. In other countries, it is a manifestation of a realization of forest problems, of the need to protect natural resources, of the significance of the forest in soil conservation and watershed management, and lastly, of the potential contribution of the forest to an expanding national economy.
FIGURE 2. - Setting the templates on the photographs.
