A Legal Butterfly Effect: Unexpected Twists and Turns of the Law in Costa Rica’s Payment for Ecosystem Services Program
Costa Rica’s Payment for Ecosystem Services program (PES) is one of the most studied exercises of its kind but closer examination of the program’s legal framework and governance is still lacking. The PES did not occur on a vacuum; laws and policies outside the boundaries of the PES’ regulations shape the way it evolved and functions. The supervisory checks and balances of the forestry regency system, the public funds laws that reduced the program’s flexibility, and the administrative simplification process across the Costa Rican government are all examples of policies outside the PES that strongly influence its functioning. Foreign policies also shaped the PES. For example, the World Bank-sponsored structural changes of the Costa Rican economy during the 1980’s helped shift the rationale from forest subsidies to payments for ecosystem services. In addition, a closer look at the PES on the ground provides interesting opportunities to reflect on the effects of this legal framework. For example, the way violations to forest laws occur and are dealt with by judges and PES officials most likely had an effect on the Costa Rican forest cover, which is missed in studies focused on the additionality of the program. Ultimately, however, people implement the PES and this paper suggests an interesting dynamic between two types of bureaucrats at the program, the ‘technicians’ and the ‘lawyers’. The ‘lawyers’ seem to have displaced the ‘technicians’ in a process of ‘rendering legal’ nature, which has conflicting implications for the PES effectiveness. All these dynamics may suggest a legal ‘butterfly effect’ that policy-makers ought to be aware of when designing and implementing environmental institutions and mechanisms.
KeywordsPayment for ecosystem services Forest governance Environmental law REDD+ Costa Rica
I would like thank various people for their contribution to this chapter. First, Mr Carlos Manuel Rodríguez of Conservation International—Costa Rica, for his support and guidance for this research. Also, to the students and instructors of the ‘Writing in the Social Sciences’ workshop at Yale F&ES, for extensively reviewing the first drafts. Finally, to my informants on the ground from Limón and Sarapiquí, for generously sharing their time and patiently waiting for me on the field to catch my breath.
I would like to acknowledge the financial support at Yale University provided by the Tropical Resources Institute, the Program of Agrarian Studies, the Jubitz Family Endowment for Research Internships Fund, and the Carpenter Sperry Fund, which allowed me to conduct this research.
Finally, special thanks should be given to Dr Amity Doolittle at Yale University, for her advice and continuous support to this research project.
- Adams WM, Hutton J (2007) People, parks and poverty: political ecology and biodiversity conservation. Conserv Soc 5(2):147–183Google Scholar
- Aguilar X (1995) Veda forestal ¿una llamada de atención? Rev Forestal Centroamericana 4(11):40–43Google Scholar
- Barreiro P (2012) Opportunity analysis of payment for ecosystem services: policy design and implementation for coffee agroforestry systems in Costa Rica. Trop Resour 31:56–66Google Scholar
- Castro Salazar M, Peña Chacón M (2011) The case of Costa Rica. In: Greiber T, Schiele S (eds) Governance of ecosystem services: lessons from Cameroon, China, Costa Rica and Ecuador. IUCN, Gland, pp 73–91Google Scholar
- Camacho MA, Segura O, Reyes V, Aguilar A (2000) Pago por servicios ambientales en Costa Rica. Prisma: San SalvadorGoogle Scholar
- FCPF (2012) Forest carbon partnership facility Costa Rica forest carbon partnership facility REDD readiness: readiness preparation proposal (R-PP) assessment note. Retrived April 26, 2013, from https://forestcarbonpartnership.org/sites/forestcarbonpartnership.org/files/Documents/Costa%20Rica%20RPP%20Assessment%20Note.pdf
- FONAFIFO (2005) FONAFIFO: over a decade of action. FONAFIFO, San JoséGoogle Scholar
- FONAFIFO (2012a) Distribución de hectáreas contratadas en pago de los servicios ambientales, por año y por modalidad. Retrieved December 1, 2012, from http://www.fonafifo.go.cr/text_files/servicios_ambientales/Distribucion%20de%20hectareas%20contratadas%20PSA%20por%20A%C3%B1o%20y%20Modalidad%201997-2011.pdf
- FONAFIFO (2012b) Emission reduction program idea note: Costa Rica. Retrieved November 10, 2012, from http://www.forestcarbonpartnership.org/sites/forestcarbonpartnership.org/files/Documents/PDF/Oct2012/Costa%20Rica%20FCPF%20ER%20PIN%20v3%2016%20Sept%202012-ENGLISH%20rev.pdf
- Government of Costa Rica (2009) Manual de Procedimientos para el Pago de Servicios Ambientales. Retrieved July 3, 2015 from http://www.fonafifo.go.cr/documentacion/biblioteca/decretos_manuales/manualpsa_2009.pdf
- Le Coq JF, Froger G, Legrand T, Pesche D, Saenz-Segura F (2010) Payment for environmental services program in Costa Rica: a policy process analysis perspective. Retrieved September 9, 2012, from http://www.serena-anr.org/IMG/pdf/04-2010_PES_costa_rica_-_PES_policy_process_V03_final.pdf
- McShane TO, Hirsch PD, Trung TC, Songorwa AN, Kinzig A, Monteferri B, Mutekanga D, Thang HV, Dammert JL, Pulgar-Vidal M, Welch-Devine M, Brosius JP, Coppolillo P, O’Connor S (2011) Hard choices: making trade-offs between biodiversity conservation and human well-being. Biol Conserv 144(3):966–972CrossRefGoogle Scholar
- Pagiola S (2002) Paying for water services in Central America: Learning from Costa Rica. In: Pagiola S, Bishop J, Landell-Mills N (eds) Selling forest environmental services: market-based mechanisms for conservation. Earthscan Publications Ltd, London, pp 37–61Google Scholar
- Peña Chacón M (2004) El régimen económico y jurídico de los servicios ambientales. Medio Ambiente & Derecho, 10Google Scholar
- Peña Chacón M (2006, n.d.) The legal and economic regime of environmental services in Costa Rica. Retrieved December 1, 2012, from http://cmsdata.iucn.org/downloads/newsletter_2006_en.pdf
- Plaff A, Robalino JA, Sanchez-Asofeifa GA (2008) Payments for environmental services: empirical analysis for Costa Rica. Duke University, DurhamGoogle Scholar
- Robinson J, Redford K (2004) Jack of all trades, master of none: inherent contradictions among ICD approaches. In: McShane T, Wells M (eds) Getting biodiversity projects to work: towards more effective conservation and development. Columbia University Press, New York, pp 10–34Google Scholar
- Russo R, Candela G (2006) Payment of environmental services in Costa Rica: evaluating impact and possibilities. Tierra Trop 2(1):1–13Google Scholar
- Scott J (1999) Seeing like a State: how certain schemes to improve the human condition have failed. Yale University Press, New Haven and LondonGoogle Scholar
- Takacs, D. (2009) Forest Carbon: Law and Property Rights. Conservation International, ArlingtonGoogle Scholar
- Wells M, Brandon K (1992) People and parks: linking protected area management with local communities. The World Bank, WashingtonGoogle Scholar
- Wells M, McShane T, Dublin H, O’Connor S, Redford K (2004) The future integrated conservation and development projects: building on what works. In: McShane T, Wells M (eds) Getting biodiversity projects to work: towards more effective conservation and development. Columbia University Press, New York, pp 397–419Google Scholar
- Wunder S (2005) Payments for environmental services: some nuts and bolts. CIFOR Occasional Paper 42. CIFOR, BogorGoogle Scholar