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2013
DOI: 10.3126/jfl.v10i1.8603
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Contested law: Slow Response to Demands for Reformulating Protected Area Legal Framework in Nepal

Abstract: Abstract:The paper identifies and highlights gaps in protected area (PA) legal provisions in Nepal and makes a case for timely reformulation of legal framework to suit the new socioeconomic and political contexts. Laws concerning PAs are examined against the contexts of international agreements, conventions, and accepted standards as well as the local ground realities. The legal framework is critically analysed using seven analytical variables: the process of PA declaration, governance types, power sharing, ma… Show more

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Cited by 7 publications
(3 citation statements)
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References 17 publications
(9 reference statements)
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“…Depsite the growing coverage of PAs in Nepal, there is an increasing incidences of park-people conflict. In several occasions, creation and management of PAs are the breeding ground of conflicts (Paudel et. al.…”
Section: Introductionmentioning
confidence: 99%
“…Depsite the growing coverage of PAs in Nepal, there is an increasing incidences of park-people conflict. In several occasions, creation and management of PAs are the breeding ground of conflicts (Paudel et. al.…”
Section: Introductionmentioning
confidence: 99%
“…Ineffective governance of PAs is common wherever top‐down decision‐making, lack of procedural obligations, local power dynamics, and poor transparency hinder successful opposition to proposed PADDD events (Dawson et al, 2018; de Koning et al, 2017; Morea, 2019; Paudel et al, 2013). PA staff in our case study struggled to manage and prevent PADDD events because legal processes, including proposed boundary and regulatory changes, often lacked transparency with few opportunities for participation by NGOs or PA managers.…”
Section: Discussionmentioning
confidence: 99%
“…Despite all the optimism stated above in the context of Nepal, McLean and Straede (2003) argue that PAs have been managed with a low level of community participation and benefit-sharing with a thrust still on preservation-oriented management paradigm. Though the provisions of buffer zones -co-managed with local population -demand community participation in affaris of conservation and development, these are also seen as an extension of the park warden's authority beyond the park boundaries, and are frought with numerous socio-economic challenges (Paudel et al 2012). This also makes it imperative to inquire CBC in CNP.…”
Section: Management Of Pas Affect Local Livelihoodsmentioning
confidence: 99%