Although mountains represent irreplaceable centres of biological and cultural diversity, in many regions of the world the people living in mountain regions are particularly affected by poverty and hunger, and mountain ecosystems are highly exposed to environmental risks and degradation.
Until recently, however, law-makers have not taken meaningful interest in the protection and development of mountains. The first transnational agreement relating to a mountain range, the Alpine Convention, was adopted only in 1991, and the first domestic laws in this area were passed only a few years before that. Mountain law is, thus, still in its infancy.
This publication examines the latest developments in mountain legislation. The first part broadly describes mountain-specific legal texts, first in the international sphere, then at the national level. The second part contains six short case studies from Bulgaria, France, Georgia, Italy, North Ossetia-Alania (Russian Federation) and Switzerland, where legislation on mountains has been passed or proposed.
Most countries have not yet adopted mountain-specific laws. Instead, they have preferred to focus on the protection and development of mountains through sectoral laws on particular subjects (such as forestry, land or water) that, while applicable to mountains, have a broader geographic scope, and hence are not usually tailored to the special conditions and needs of mountain areas. A few countries, however, have enacted legal instruments dealing specifically with mountains, and other countries are in the process of developing similar legislation. These converging efforts seem to signal an emerging trend towards a progressive increase in mountain law-making in the years to come.
Existing national and sub-national laws address similar mountain-specific problems and therefore have some common characteristics, mainly the following:
they characteristically aim at promoting the socio-economic development of mountain communities, while at the same time protecting the mountain environment;
their coverage is determined by how they define mountain areas, typically using altitude as the main criterion;
they generally make provision to assign administrative responsibilities for mountain development;
they promote economic activities in mountain zones through special funds, loans, subsidies, labelling and other incentives;
they pursue social objectives, in particular by improving infrastructure, education, health and other services; and
finally, they seek to protect the mountain environment, mostly through provision for the conservation of forest, soil and water resources in mountain regions.
A contribution to the International Year of Mountains, this study is a joint effort by the Legal Office and the Forestry Department of FAO. It was jointly researched and written by two legal interns, Annie Villeneuve and Astrid Castelein, and a Senior Legal Officer from the Development Law Service, Mohamed Ali Mekouar.
Lawrence Christy
Chief
Development Law Service
Legal OfficeDouglas McGuire
Head
International Year of Mountains Coordination Unit
Forestry Department
