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Harald Ginzky
Elizabeth Dooley
Irene L. Heuser
Emmanuel Kasimbazi
Till Markus
Tianbao Qin Editors
International
Yearbook of
Soil Law and
Policy 2017
International Yearbook of Soil Law and Policy
Series editor
Harald Ginzky
German Environment Agency
Dessau, Germany
The International Yearbook of Soil Law and Policy is a book series that discusses
the central questions of law andpolicy with regard to the protection and sustainable
management of soil andland. The Yearbook series analyzes developments in
international law and newapproaches at the regional level as well as in a wide
range of nationaljurisdictions. In addition, it addresses cross-disciplinary issues
concerningthe protection and sustainable management of soil, including tenure
rights,compliance, food security, human rights, poverty eradication and migra-
tion.Each volume contains articles and studies based on specific overarching
topicsand combines perspectives from both lawyers and natural scientists to ensure
aninterdisciplinary discourse.
The International Yearbook of Soil Law and Policy offers a valuable resource for
lawyers, legislators, scholars andpolicymakers dealing with soil and land issues
from a regulatory perspective.Further, it provides an essential platform for the
discussion of new conceptualapproaches at the international, national and regional
level.
International Yearbook
of Soil Law and Policy 2017
Editors
Harald Ginzky Elizabeth Dooley
German Environment Agency Farmer Center
Dessau, Germany Iowa State University
Urbandale, Iowa, USA
Soil has often been referred to as the neglected medium. This book series, the
International Yearbook of Soil Law and Policy, is intended to draw more attention
to it and provide a platform for discourse on soil governance topics as a useful tool
by and for academics, legislators, and policy makers. Thus, it is supposed to
underline the notion that society acknowledges the indispensable services provided
by soils.
One major driver of detrimental effects on soils is unsustainable agriculture.
Numerous soil threats, such as erosion, loss of organic carbon, and biodiversity, as
well as compaction and salinization, are often the result of unsustainable agricul-
tural practices. A substantial percentage, however, of land is dedicated for agricul-
ture, which is in particular true for developing countries whose economies depend
on cultivation.
Accordingly, the second volume of the International Yearbook of Soil Law and
Policy is dedicated to “Soil and Sustainable Agriculture.” Part I begins with
introductory greetings, while Part II, entitled “The Theme,” comprises nine chap-
ters on the topic of agriculture and soils from very different perspectives.
Volume 2 of the International Yearbook of Soil Law and Policy continues further
with the following three parts:
• Part III: Recent Developments of Soil Regulation at International Level
• Part IV: National and Regional Soil Legislation
• Part V: Cross-Cutting Topics
This general structure, beginning with Part I with Introductory Greetings and
Part II on “The Theme,“ a compilation of various chapters from different perspec-
tives and disciplines, followed by the fore-mentioned parts will also be used for the
upcoming volumes. This structure of the Volumes permits the presentation of one
specific “Theme” in more depth and to offer factual information with regard to
developments both at international level and in national or regional contexts. In the
part “Cross-Cutting Topics,” papers with novel, controversial, or—one could say—
courageous themes will feature. Therefore, this latter part should, in particular,
provide food for thoughts for ongoing discussions.
v
vi Preface
In Part II of the second volume, the first chapter by Robert Rees et al. explores
the suitability of the concept of “sustainable intensification,” which aspires to cope
with the need of growing food production without increasing the land and soil input.
In the second chapter, Rainer Baritz et al. explain the Voluntary Guidelines for
Sustainable Soil Management, which was recently adopted by Food and Agricul-
tural Organization. This Guideline informs about conceptual approaches for sus-
tainable agriculture that are generally applicable. The following three chapters
provide a different angle and outline the current legislation in three Asian jurisdic-
tions, namely China, Kyrgyzstan, and Tajikistan on soil-related provisions for
sustainable agriculture. The authors of these three chapters are Bob Zhao (China),
Maksatbek Anarbaev (Kyrgyzstan), and Murod Ergashev and Islomkhudzha
Olimov (Tajikistan). Next, Ian Hannam looks at a specific topic of sustainable
agriculture: how to effectively regulate pastoralism, taking into account environ-
mental needs, as well as ensuring effective tenure of land. The three remaining
chapters consider more general but nonetheless important aspects. Jesse Richardson
demonstrates, using the example of US law, how tenure rights could impede
sustainable agriculture. In their chapter, Luca Montanarella and Panos Panagos
stress the need for data on sustainable agriculture, which are especially pertinent to
determine suitable indicators and to establish an effective monitoring program.
Finally, Andrea Schmeichel analyzes, from a legal perspective, whether and how
import restrictions could be employed to incentivize sustainable agricultural prac-
tices abroad.
Part III contains a contribution by Stephanie Wunder et al. on how to implement
the objective of “land degradation neutrality” in Germany, covering information on
general approach and the selection of indicators.
Part IV on national and regional soil legislation put together a variety of
interesting contributions, starting with reports on national soil legislation in Iceland
and Greece, followed by several contributions on specific legal approaches in the
various legislation, and finally an analysis of the soil conservation protocol of the
Alpine Convention, which highlights why such an innovative regulation was
possible to be achieved.
In Part V on “Cross-Cutting Topics,” Robert Kibugi questions whether an
African instrument could be useful and how it should be put in place. Next, Anja
Eikermann puts forward a comparison of international forest law and international
soil protection law, where she concludes that a more coherent and coordinated
approach of the existing regimes is of need. Harald Ginzky, then, provides argu-
ments that the sustainable management of soils should be regarded as common
concern of humankind. The chapter of Irene Heuser demonstrates the development
of soil awareness in Europe and other regions, arguing for an ethical approach that
takes into account the crucial importance of soil function. Detlef Grimski et al.
conclude this part with a chapter on the European research project “INSPIRA-
TION,” aimed at defining a strategic research agenda for Europe.
As the editors of the second volume of the International Yearbook of Soil Law
and Policy, we hope that both the structure of this volume as well as the selections
Preface vii
of topics and perspective meet the interest and expectations of our readers and that
this volume contributes to raising soil awareness and to identifying appropriate
solutions at international, regional, and national levels.
We would like to thank all the authors for their contributions, the members of the
advisory board for helping us with the review process, and finally the publishing
house SPRINGER for technical assistance. Finally, it remains to be announced that
the theme for volume 3 of the International Yearbook of Soil Law and Policy will be
“urbanization and sustainable management of soil,” which covers another very
significant driver of soil degradation.
Part I Greetings
Greetings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
Monique Barbut
ix
x Contents
Monique Barbut
M. Barbut (*)
UNCCD, Bonn, Germany
e-mail: secretariat@unccd.int
1 Introduction
The second transformation that took place during the twentieth century was the
cultivation of large areas of previously uncultivated land, including forests, natural
grasslands and wetlands. Today, agricultural production covers 40% of the earth’s
terrestrial surface, with much of the remainder covered by deserts, ice or areas with
high conservation value such as tropical rainforests. It is anticipated that during the
twenty-first century, human populations will rise to between 9 and 11 billion, and as
a consequence, it is estimated that food production will need to increase by 40%
relative to 2000 in order to accommodate this population increase (Godfray et al.
2010). The old model of bringing more land into agricultural production will no
longer be applicable since there are only relatively small areas that could be
potentially used. Indeed, other constraints such as climate change, soil degradation
and water shortages may well lead to reductions in agriculturally productive land in
some areas. It is against this background that the third concept of increasing
productivity called sustainable intensification was developed. All three approaches
can be considered conceptually in terms of the resource input and land area required
to support demand for increasing productivity (Fig. 1).
The term sustainable intensification represented by (c) in Fig. 1 first became
popular following the publication of a highly influential UK report published by the
Royal Society called Reaping the Benefits (Baulcombe 2010; Baulcombe et al. 2009).
This was followed by a series of more academic research papers defining the
concept of sustainable intensification and its implication for food production
systems (Godfray et al. 2010, 2011). In essence, sustainable intensification can be
considered to represent a change in production systems that deliver stable increas-
ing levels of output whilst reducing environmental impacts. Notable features of this
concept are, firstly, that it can be considered to be a process of change rather than an
endpoint itself and, secondly, that the term is not prescriptive about the type of
production system. There are many different ways of improving productivity within
systems that can both increase productivity and reduce environmental impact, and
these are likely to vary between production systems and geographical locations.
The term sustainable intensification has become widely supported in policy devel-
opment, and, for instance, in the UK it underpins the rationale for supporting
agricultural research programmes funded by national research councils.
In many ways, the requirement for sustainable intensification in agriculture
reflects an inevitable analysis of the need to feed a growing global population
without access to increased areas of land and against a background of adverse
environmental conditions. The role of soil in supporting sustainable intensification
is critical, given the need to increase productivity per unit area of land. This requires
the maintenance of high quality soils that can help to produce increasing levels of
output with constant or decreasing levels of input.
However, the term is not universally popular. The components of sustainable
intensification include terms that are not easily compatible. Sustainability is a
widely used and yet poorly defined concept. It implies the ability for continuity
of activity or system. Many aspects of agricultural production threaten sustainabil-
ity by damage to air, soil and water, which represent the natural capital available to
support long-term productivity (Foley et al. 2011). However, some definitions of
sustainability include a wider assessment of environmental, social and economic
factors that contribute to long-term stability. This lack of clarity in the definition of
sustainability can hinder the concept of sustainable intensification.
The intensification component of sustainable intensification has also been
criticised. The twentieth century changes whereby increasing inputs were used to
produce more crops with relatively little concern about environmental impact could
be considered to be a process of intensification (Rees et al. 2016). Critics of the term
sustainable intensification argue that this is simply a way of continuing intensifi-
cation with no more than a green wash. The argument therefore becomes focused on
what the relative contributions of sustainability and intensification in the sustain-
able intensification concept are. A number of other concepts have been defined that
have parallels with sustainable intensification, such as climate-smart agriculture,
organic agriculture, precision farming and ecological intensification.
A further criticism of sustainable intensification is provided by analysis of future
demand for food production. It is argued that the projections of increased demand
are based very much on extrapolation of current trends (Audsley et al. 2009).
However, this often assumes large increases in resource-intensive production
systems leading to unrealistic expectations of changes in supply-side approaches.
Changing dietary demands in future projections would lead to lower requirements
10 R.M. Rees et al.
for production increases and reduce pressure on land-use change (Westhoek et al.
2014). It is therefore likely that both supply-side and demand-side changes will be
required to meet future food requirements in order to achieve sustainable produc-
tion systems. Despite the lack of a clear definition, the sustainable intensification
concept is likely to be useful in guiding broad patterns of change in agricultural
production. It has been recognised that the changes required will be greater than
anything that has been seen in recent human history; therefore, considering the
wider impacts of sustainable intensification on our environment and particularly on
soils is of critical importance.
2 Soil Quality
Human societies are highly dependent upon healthy soils for the delivery of
ecosystem goods and services, including provisioning (food, fibre, timber and
fuel), regulation (climate, disease and natural hazards), waste treatment, nutrient
cycling and cultural services (Reid et al. 2005). Many of the key functions
supporting these ecosystem services depend to a large extent upon the diversity,
abundance and activity of organisms that inhabit the soil. This diversity varies in
terms of its taxonomic richness, relative abundance and distribution according to
soil type, climatic conditions, vegetation and land use. Against this background,
soil biodiversity is also subject to various threats associated with human activity,
including soil erosion, organic matter decline, contamination, salinisation, sealing,
compaction of soil and climate change; all these threats impair soil biodiversity and
functioning with negative consequences on ecosystem service delivery (Gardi et al.
2013; Hooper et al. 2005; Wall et al. 2015). Increasing agricultural intensity, for
example, has been shown to generally reduce soil biodiversity (e.g., Tsiafouli et al.
2015), although this response is likely to be non-linear given the variation in
management practices and soil conditions across sites and regions and differences
in the sensitivity of soil organism groups to management intensity. Intensive
farming practice generally relies on the extensive use of chemical fertilisers,
which can lead to a long list of serious environmental and health problems (Tilman
et al. 2002; Wall et al. 2015), especially for developing countries, where most
farmers face the challenges of increasing cost of fertiliser, environmental degrada-
tion and food quality deterioration. Thus, sustainable intensification (the use of
environmentally and sustainable crop production practices with renewable
resources) has attracted worldwide attention (Ju et al. 2009). Sustainable intensifi-
cation of agriculture aims to minimise pressures on the environment in terms of
water, energy and fertiliser use, and on maintaining soil as a sustainable resource,
each balanced against the necessity of maintaining, or increasing, crop productivity.
Soil health, which is often considered synonymous with soil quality, is integral to
maintaining successful, sustainable agricultural systems and has been defined as:
Sustainable Intensification of Agriculture: Impacts on Sustainable Soil. . . 11
“the capacity of soil to function as a vital living system, within ecosystem and land-use
boundaries, to sustain plant and animal productivity, maintain or enhance water and air
quality, and promote plant and animal health” (Doran and Zeiss 2000).
Success in meeting these objectives will require better understanding and man-
agement of the biological processes and interactions that underpin the functioning
of plant-soil systems. Improving soil quality can reduce on-farm inputs with
significant concomitant environmental benefits and reduce production costs. The
maintenance of global food security mediated by sustainable intensification of
agriculture is recognised as inherently complex and multidisciplinary in nature.
Soil is a key asset of natural capital, providing goods and services that sustain life
through regulating, supporting and provisioning roles, having impacts beyond
agricultural systems. However, as a consequence of past intensification, degrada-
tion threats to soils are numerous (Powlson et al. 2011). The UN Environment
Programme has supported the development of a global assessment of human-
induced soil degredation (GLASOD) using a range of physical, chemical and
biological indicators to assess the severity of degredation. This identifies five
classes of degradation:
0. No degradation.
1. Light: the terrain has somewhat reduced agricultural suitability but is suitable for
use in local farming systems. Restoration to full productivity is possible by
modifications of the management system. Original biotic functions are still
largely intact.
2. Moderate: the terrain has greatly reduced agricultural productivity but is still
suitable for use in local farming systems. Major improvements are required to
restore productivity. Original biotic functions are partially destroyed.
3. Strong: the terrain is non-reclaimable at farm level. Major engineering works are
required for terrain restoration. Original biotic functions are largely destroyed.
4. Extreme: the terrain is irreclaimable and beyond restoration. Original biotic
functions are fully destroyed.
This assessment demonstrates the widescale and significant degradation of soils
that has ocurred at a global scale (Bridges and Oldeman 1999). Compounded with
an ever-burgeoning global population, the area of soil usable for cultivation has
declined from 0.32 to 0.25 ha per capita between 1975 and 2000 (FAO 2011). A
reduction of soil fertility has contributed to crop yields stagnating since 1996. Soil
changes slowly, and our understanding of the biological, chemical and physical
components of the soil system is incomplete. To prevent further degradation of
agricultural soils, programmes to monitor soil quality to help address the current
and future challenges of food security are under way.
12 R.M. Rees et al.
Across China and other regions in SE Asia, a very different pattern of soil
management has emerged. Here, recent increases in agricultural productivity
have been delivered by very large increases in resource inputs (particularly nitrogen
fertilisers). This has led to severe problems of environmental degradation and loss
of soil quality. New approaches to soil management are being developed based
upon an integrated crop-soil management system that uses a detailed knowledge of
agroecology and biogeochemistry to match more closely the demand for nutrients
with nutrient supply (Chen et al. 2014).
It is generally the case that soils are poorly protected by legislation, when
compared with laws protecting air and water. Legal frameworks that do protect
soils generally tend to focus on specific areas, such as contamination by heavy
metals or toxins and nutrient loadings. The absence of an overarching policy to
protect and monitor soil quality makes it difficult to assess the impacts of soil
management on long-term changes. It is also apparent from the foregoing analysis
that there is no single blueprint for sustainable intensification that could apply
across all regions of the globe. It is important that solutions to sustainable devel-
opment are tailored to regional and local needs, taking into account social, eco-
nomic and environmental considerations.
There are a number of management approaches that can be adopted to enhance soil
quality; these can enhance both the private benefits to farmers and wider social
impacts. Approaches that enhance soil organic matter (with a potential to mitigate
climate change) can contribute to improved soil fertility, improved soil structure
and better water availability. For farmers, these can potentially improve crop yields
or reduce costs through reducing input requirements such as fertiliser and the fuel
and time requirements for cultivation. More complex trade-offs might arise where
yield reductions are accompanied by lower costs. This may also create an important
behavioural barrier to implementation where high yield is seen as an indicator of
‘successful farming’ (Ingram et al. 2016) and highlights further barriers such as lack
of awareness and ‘tradition’ with respect to changing established practices.
The improved soil quality that results from increasing soil organic matter
contents can be associated with economic benefits. In an analysis of different
management strategies that compared crops with (CCleg) and without (CCNoleg)
legumes, zero tillage (ZeroTill), minimum tillage (MinTill) and residue manage-
ment (ResMan), an economic analysis was used to compare gross margins (Glenk
et al. 2015). Cover crops and residue management were shown to reduce margins
across all farm types; these impacts are higher for smaller farms, although the
impact of residue management diminishes after 10 years (Fig. 2). Minimum tillage
offers small but increasing benefits over time, whilst zero tillage has a negative
14 R.M. Rees et al.
Fig. 2 Change in farm gross margin under different soil organic matter options compared to the
baseline for Scottish farm groups (source: Glenk et al. 2015)
impact in the first five years before becoming positive and outperforming minimum
tillage after 15 years. These results reflect a small initial reduction in yield associ-
ated with the tillage measures followed by increases after 5 years. Additionally,
cultivation costs are reduced for these measures.
Economic analyses of soil quality improvement highlight that the benefits to
farmers vary across combinations of management measure, crop type and location.
For instance, use of cover crops at the higher latitudes of northern Europe with a
short growing season may displace more valuable crops. Additionally, crop resi-
dues (e.g., straw) can have commercial value, so their use for soil improvement
involves a loss to farmers where they have a market or alternate utility (e.g.,
bedding). Some measures such as reduced or zero tillage may take several years
before benefits are realised.
These economic and behavioural dynamics of agricultural production and soil
quality highlight the continuing role for policy intervention not just to ensure public
benefits but also to spread the understanding of private benefits to farmers. Sus-
tainable intensification aimed at maintaining or enhancing soil quality will need to
negotiate economic and behavioural hurdles to implementation through under-
standing how farm systems operate and emphasising productivity benefits.
5 Conclusions
organic matter stocks, within a framework that recognises good soil quality as an
essential prerequisite for sustainable food production systems. Regional approaches
to managing soil quality will vary according to prevailing conditions. In areas of the
world where significant intensification has already occurred (America, Europe,
Asia), more efficient use of existing inputs will take priority, whilst in regions
that have suffered from extensive soil degradation, building soil fertility and
organic matter stocks is essential. Uptake of management approaches to improving
soil quality needs to be supported by clear economic assessments that quantify the
wider benefits of improvements in soil quality, and monitoring both is needed to
improve understanding and deliver more sustainable production systems.
Acknowledgements The authors gratefully acknowledge funding from the Scottish Govern-
ment’s Rural Affairs Food and Environment Strategic (RESAS) Research programme for funding.
References
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Voluntary Guidelines for Sustainable Soil
Management: Global Action for Healthy Soils
1.1 Introduction
Soils are deteriorating worldwide and are thus becoming less fertile, providing less
nutrients to plants, animals, and people who rely upon them. Recent inventories
such as the Status of the World’s Soil Resources report (FAO and ITPS 2015) have
indicated the extent to which soils have suffered from unsustainable management:
25% of land is highly degraded, and a further 44% is slightly or moderately
degraded due to the erosion, salinization, compaction, and chemical pollution of
soils. Seventy-five percent of the African territory has serious soil fertility problems
(Toenniessen et al. 2008); of those, 40% are characterized by inherent poor soil
fertility, exacerbated by degradation from nutrient mining. This negatively affects
soil productivity and leads to serious nutrient deficiencies in harvested crops.
Nutrient depletion and erosion are key forms of soil degradation and can only be
mitigated through specific management actions.
Population growth, food insecurity, nutrient deficiencies, soil degradation, and
climate extremes are often dramatically concentrated in hot spots such as parts of
the African continent (Thiombiano and Tourino-Soto 2007). The water storage
capacity and nutrient reservoir of soils in these areas are of particular importance
since the agriculture area can only be expanded at high cost in Latin American
R. Baritz (*)
European Environment Agency, Kopenhagen, Denmark
e-mail: rainer.baritz@eea.europe.eu
L. Wiese · I. Verbeke · R. Vargas
Food and Agriculture Organization of the United Nations, Rome, Italy
e-mail: Liesl.Wiese@fao.org; Isabelle.Verbeke@fao.org; Ronald.Vargas@fao.org
grasslands and African Savannahs (Bruinsma 2009; Lambina and Meyfroidt 2011)
and depends on future market prices. In many developed countries, cropland area is
diminishing (Kuemmerle et al. 2016). This demonstrates that agricultural intensifi-
cation (including degraded land improvement and soil restoration) is currently the
only solution to meet increasing food demands, requiring careful management and
optimization of the available natural resources soil and water. While much scien-
tific and technical knowledge about proper soil management practices exists, it does
not sufficiently reach extensionists and practitioners.
Political initiatives are needed to stimulate and facilitate action on the ground.
For this reason, the Global Soil Partnership (GSP), through the Food and Agricul-
ture Organization of the United Nations (FAO) and its member countries, advocates
for the importance of soils and sustainable soil management. After first revising the
World Soil Charter, the GSP has then developed the Voluntary Guidelines for
Sustainable Soil Management (VGSSM), recently endorsed by all FAO mem-
bers (FAO 2017). Next, technical guidelines for implementation need to be devel-
oped, which will compile and offer technical knowledge about sustainable soil
management considering regional and local conditions.
Food security and balanced nutrition of the growing human population are the
major driving forces to better manage and protect land and soils. Climate change
and land degradation are well-known factors that undercut these objectives, and
various initiatives and strategies have been created to improve the soil’s resilience
and potential to fulfill its manifold functions.
Following the World Summit on Sustainable Development (WSSD) in
September 2002, FAO has launched the Sustainable Agriculture and Rural Devel-
opment (SARD) program (2002–2007). It included the formulation of Good Agri-
cultural Practices (GAP), actions that promote sustainable agriculture and natural
resource management contributing to food security. Environmentally, locally
appropriate GAP codes of practice can help improve soil fertility, increase the
efficiency of water use and plant protection, and conserve biodiversity. Sustainable
soil management as one of the concerned sectors was specifically addressed (Poisot
et al. 2007). The SARD program has then been followed by various subsector
programs, such as “Save and Grow,” the framework program for sustainable crop
production intensification, Sustainable Forest Management, Global Soil Partner-
ship, Climate-Smart Agriculture, and others. FAO’s current integrative approach to
build sustainable agriculture across sectors (forestry, agriculture, fisheries) sets out
five key principles that balance the social, economic, and environmental dimen-
sions of sustainability; one of them is the efficient use of resources, which explicitly
includes soils (FAO 2014a). Sustainable agriculture must minimize negative
impacts on the environment while optimizing production by protecting, conserving,
and enhancing natural resources and using them efficiently.
Voluntary Guidelines for Sustainable Soil Management: Global Action for. . . 19
SDG 15. Protect, restore and promote sustainable use of terrestrial ecosystems,
sustainably manage forests, combat desertification, and halt and reverse land
degradation and halt biodiversity loss.
15.3 By 2030, combat desertification, and restore degraded land and soil, including land
affected by desertification, drought and floods, and strive to achieve a land-degradation
neutral world.
SDG 2 recognizes that food security and nutrition requires the establishment of
effective sustainable agricultural production, which, in turn, is impossible without
maintenance of soil quality. The latter can be provided only through sustainable soil
management practices that would ensure stable or increasing production from
arable lands, pastures, and agroforestry systems.
Both extensive and intensive agricultural production can lead to soil degradation
due to various processes. Combating soil degradation therefore requires the intro-
duction of sustainable soil management systems that address the challenges of
SDGs 2 and 15.
Fig. 1 The structure and governance of the Global Soil Partnership (GSP)
1.F.
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