A review of the relevant national legislation in place (e.g. on nature conservation, water protection, environmental planning) provides an overview on how national legislation supports the implementation of the instrument(s) and identifies the overlaps and gaps with these regulations. The review should not only focus on the existence of national legislation but also encompass its enforcement (e.g. control of hunting, poaching, pollution, and habitat destruction) and the experiences and lessons learned regarding the effectiveness of legal instruments. Potential overlaps and conflicts with the interest of other ministries have to be carefully considered for policy areas such as fisheries, agriculture, forestry, mineral exploitation, transport infrastructure, development and planning.
Appropriate methods for the review include analysis of documents, interviews with key policy makers and stakeholders, legal analysis, literature reviews and the results of case studies on management practices, stakeholder workshops, best practice analysis and experience exchange on a regional level.
Key questions to be considered when conducting the review include:
• What are the gaps in the current national institutional/legislative/regulatory processes that will need to be strengthened or for which new processes will need to be developed?
• What role do national legislation and national and local institutions play in reducing threats to migratory species and their habitats?
• Which institutional/legislative processes for protecting migratory species are more successful than others?
• What are the options and prospects for (re)designing institutions/legislation in order to reduce the threats to migratory species and their habitats?