The role of the convention on biological diversity and its protocol on biosafety in fostering the conservation and sustainable use of the world’s biological wealth for socio-economic and sustainable development

2005 ◽  
Vol 32 (11-12) ◽  
pp. 496-501 ◽  
Author(s):  
Hamdallah Zedan
Keyword(s):  
Sustainable Development ◽  
Biological Diversity ◽  
Sustainable Use ◽  
Convention On Biological Diversity

Sustainable Development, CBD, and IPR

2018 ◽  
pp. 29-42 ◽  
Author(s):  
Sanjeev Kumar Chaudhary
Keyword(s):  
Sustainable Development ◽  
Genetic Resources ◽  
Biological Diversity ◽  
Convention On Biological Diversity ◽  
Nagoya Protocol ◽  
Earth Summit ◽  
The Social ◽  
Recent Position ◽  
Conservation Of Biodiversity

One of the landmark outcomes of Earth Summit was the ‘Convention on Biological Diversity’ which calls upon parties to conserve and sustainably use biological diversity while equitably sharing the benefits of the use of genetic resources. The chapter explores the role of IPR to achieve sustainability. This chapter further provides a study of the development of the concept of Sustainable Development as a tool to meet the social need and will analyse recent position—how can IPR be a handy tool to achieve the objective mentioned under CBD and Nagoya Protocol with the help of TRIPS Agreement. It primarily discusses interlinks and conflicts between the provisions of CBD and IPRs. The chapter argues that Indian policymakers have a crucial but tough role in ensuring that the IPR policies and practices and the need of conservation of biodiversity stands mutually supportive to each other.

Sustainable Development, Ocean Governance and Marine Protected Areas

2019 ◽  
Vol 4 (2) ◽  
pp. 127-141
Author(s):  
David Freestone
Keyword(s):  
Sustainable Development ◽  
Biological Diversity ◽  
Environmental Law ◽  
Sustainable Use ◽  
Convention On Biological Diversity ◽  
The Sustainable Development ◽  
Ocean Governance ◽  
National Jurisdiction ◽  
Development Goals ◽  
Aichi Biodiversity Targets

By 2020, at least ten percent of the global oceans should be subject to area-based protection according to the target agreed by the parties to the 1992 Convention on Biological Diversity in 2010 (Aichi Biodiversity Targets) and reiterated in 2015 Sustainable Development Goal 14.5. This paper looks at the Sustainable Development Goals and the evolution of the concept of Sustainable Development, distinguishing it from international environmental law. Then it looks at the way in which the goals relate to ocean governance and the current lacunae in the system established by the 1982 Law of the Sea Convention and the negotiations within the UN to address the issue of the conservation and sustainable use of biodiversity in area beyond national jurisdiction. In particular, it looks at the sectoral approaches to area-based protection in areas beyond national jurisdiction, where currently iucn reports that only 1.18% is protected.

scholarly journals Challenging the State: Devolutionary Tenure Transitions for Saving and Expanding Forests

Human Ecology ◽  
2021 ◽  
Author(s):  
Liz Alden Wily
Keyword(s):  
Rural Communities ◽  
Property Rights ◽  
Protected Areas ◽  
Forest Cover ◽  
Biological Diversity ◽  
Convention On Biological Diversity ◽  
Property Relations ◽  
The Will ◽  
Customary Land

AbstractI address a contentious element in forest property relations to illustrate the role of ownership in protecting and expanding of forest cover by examining the extent to which rural communities may legally own forests. The premise is that whilst state-owned protected areas have contributed enormously to forest survival, this has been insufficiently successful to justify the mass dispossession of customary land-owning communities this has entailed. Further, I argue that state co-option of community lands is unwarranted. Rural communities on all continents ably demonstrate the will and capacity to conserve forests – provided their customary ownership is legally recognized. I explore the property rights reforms now enabling this. The replication potential of community protected forestlands is great enough to deserve flagship status in global commitments to expand forest including in the upcoming new Convention on Biological Diversity (CBD).

Justice and the Convention on Biological Diversity

2009 ◽  
Vol 23 (3) ◽  
pp. 267-280 ◽  
Author(s):  
Doris Schroeder ◽  
Thomas Pogge
Keyword(s):  
Biological Diversity ◽  
Natural Habitat ◽  
Sustainable Use ◽  
International Economic Order ◽  
Social Utility ◽  
Benefit Sharing ◽  
Convention On Biological Diversity ◽  
Social Rules ◽  
Biological Resources ◽  
Thomas Pogge

Justice and the Convention on Biological DiversityDoris Schroeder and Thomas PoggeBenefit sharing as envisaged by the 1992 Convention on Biological Diversity (CBD) is a relatively new idea in international law. Within the context of non-human biological resources, it aims to guarantee the conservation of biodiversity and its sustainable use by ensuring that its custodians are adequately rewarded for its preservation.Prior to the adoption of the CBD, access to biological resources was frequently regarded as a free-for-all. Bioprospectors were able to take resources out of their natural habitat and develop commercial products without sharing benefits with states or local communities. This paper asks how CBD-style benefit-sharing fits into debates of justice. It is argued that the CBD is an example of a set of social rules designed to increase social utility. It is also argued that a common heritage of humankind principle with inbuilt benefit-sharing mechanisms would be preferable to assigning bureaucratic property rights to non-human biological resources. However, as long as the international economic order is characterized by serious distributive injustices, as reflected in the enormous poverty-related death toll in developing countries, any morally acceptable means toward redressing the balance in favor of the disadvantaged has to be welcomed. By legislating for a system of justice-in-exchange covering nonhuman biological resources in preference to a free-for-all situation, the CBD provides a small step forward in redressing the distributive justice balance. It therefore presents just legislation sensitive to the international relations context in the 21st century.

Convention on Biological Diversity: Towards a sustainable future

Social Change ◽  
2003 ◽  
Vol 33 (2-3) ◽  
pp. 173-191
Keyword(s):  
Genetic Resources ◽  
Biological Diversity ◽  
Technology Development ◽  
Sustainable Use ◽  
United Nations Environment Programme ◽  
Benefit Sharing ◽  
Convention On Biological Diversity ◽  
Biological Resources ◽  
Transfer Benefit ◽  
Global Agreement

In an era of a rapidly shrinking biological resources, the Convention on Biological Diversity (CBD) is a historic landmark, being the first global agreement on the conservation and sustainable use of biological diversity. The CBD is one of the few international agreements in the area of natural resource conservation in which sustainability and equitable benefit-sharing are central concerns. The CBD links traditional conservation efforts to the economic goal of using biological resources sustainably and sets forth principles for the fair and equitable sharing of the benefits arising from the use of genetic resources, notably those destined for commercial use. Importantly, the CBD also gives traditional knowledge its due place in the sustainable use of genetic resources. The CBD also covers the rapidly expanding field of biotechnology, addressing technology development and transfer, benefit-sharing and biosafety, in an equitable framework. In the coming years, the CBD is likely to have major repercussions on the way biodiversity is conserved and benefits thereof, shared between the developing and developed worlds. The following commentary on the CBD has drawn heavily from a document produced by Secretariat of the Convention on Biological Diversity, at the United Nations Environment Programme. Articles 1 to 21 of the CBD have also been reproduced here in order to disseminate knowledge regarding the principles of the CBD-Editor.

scholarly journals ACCESS AND BENEFIT SHARING UNDER NAGOYA PROTOCOL AND SUSTAINABLE DEVELOPMENT: A CRITICAL ANALYSIS

2015 ◽  
Vol 9 (3) ◽  
pp. 38-45
Author(s):  
STELLINA JOLLY
Keyword(s):  
Sustainable Development ◽  
Genetic Resources ◽  
Biological Diversity ◽  
Environmental Law ◽  
Developing Nations ◽  
Benefit Sharing ◽  
Convention On Biological Diversity ◽  
Access And Benefit Sharing ◽  
Nagoya Protocol ◽  
Equitable Sharing

The debate over control and ownership of natural and bio genetic resources has a chequered history in International environmental law. Historically genetic resources were considered and acknowledged as part of common heritage of mankind. But with the development of technologies and the heightened north south divide over the issue of sovereign right over natural resources the developing nations became extremely concerned with the exploitation of biological and Genetic resources. Access to benefit sharing (ABS) was considered as an answer to balance the interests of developed and developing nations and to conserve and protect bio diversity. Adopted on October 2010 in Nagoya, Japan by the Parties to the Convention on Biological Diversity (CBD) of 1992, the Nagoya Protocol on Access to Genetic Resources and the Fair and Equitable Sharing of Benefits Arising from their Utilization (NP) has come into force after its 50th ratification on 2013. Nagoya protocol details on procedure for access and benefit sharing, disclosure mechanism, principles of transparency and democracy. The paper analyses the protection of access and benefit sharing envisaged under Nagoya protocol and its possible role in promoting sustainable development in the develoing nations. 

The Legal Nature of the Biodiversity Provisions adopted by the Andean Community

elni Review ◽  
2010 ◽  
pp. 64-70
Author(s):  
Jimena Murillo Chávarro ◽  
Frank Maas
Keyword(s):  
Legal System ◽  
Biological Diversity ◽  
Sustainable Use ◽  
Convention On Biological Diversity ◽  
General Description ◽  
Agenda 21 ◽  
Official Gazette ◽  
Development Agenda ◽  
Andean Countries ◽  
Andean Community

The Andean Community is a South American Regional Organization, nowadays composed of four of the seventeen states richest in biodiversity in the world. The Andean states are home to around 24 % of global biodiversity. Four countries are members: Bolivia, Colombia, Ecuador and Peru. The Andean Community began taking action in the field of biodiversity in the last ten years. As a result, it has elaborated a “Regional Biodiversity Strategy for the Tropical Andean Countries”, which was developed within the framework of the principles set out in the Convention on Biological Diversity, the Rio Declaration on Environment and Development (Agenda 21) and the Andean Community legislation. The main objective of the Regional Biodiversity Strategy is the conservation and sustainable use of biodiversity as well as the region’s sustainable development. According to the legal system of this regional organisation, decisions are – irrespective of whether they are adopted by the Andean Council of Ministers of Foreign Affairs or the Commission of the Andean Community (the two legislative institutions of the CAN) – part of the Andean legal system. Decisions are legally binding for the Member Countries and directly applicable from their day of publication in the official gazette onwards. This article explains the definition of soft law, and provides a general description of the Andean Community and its legal instruments. The authors discuss the nature of Decision 523: Should this provision be considered soft or hard law and what are its legal implications?

Implementation of the Convention on Biological Diversity in Mesoamerica: environmental and developmental perspectives

2003 ◽  
Vol 30 (2) ◽  
pp. 131-138 ◽  
Author(s):  
Mariel Aguilar-Støen ◽  
Shivcharn S. Dhillion
Keyword(s):  
Costa Rica ◽  
Culturally Diverse ◽  
Biological Diversity ◽  
Sustainable Use ◽  
Political Stability ◽  
Convention On Biological Diversity ◽  
Conservation Priority ◽  
Southern Mexico ◽  
Equitable Sharing

Mesoamerica (Southern Mexico, Guatemala, Belize, El Salvador, Honduras, Nicaragua, Costa Rica and Panama) is a culturally diverse region considered a conservation priority due to its biotic richness and high endemism. The Convention on Biological Diversity (CBD) sets out obligations and objectives for national parties to cope with biodiversity reduction, and encourages these national parties to develop measures to conserve and manage biodiversity. This paper presents trends in Mesoamerican countries in the implementation of the CBD, specifically in relation to the general measures for conservation and sustainable use (Article 6), identification and monitoring (Article 7), and in situ conservation (Article 8) derived from examination of reports from the CBD National Reports unit, questionnaires to national focal points, and interviews in the field. In general, there was increased effort toward CBD implementation and related issues. The scientific capacity, political stability, and accessibility to resources in each country, however, influenced the rate at which capacity was being built and the relative importance governments afforded to each of the CBD articles. Lack of resources or institutional limitations are identified as major impediments to fulfilling obligations. The CBD is also poorly known among actors in civil society and at several levels of administration. Overall, Costa Rica and Mexico are exceptions in the region with regard to inventory and monitoring, and the efforts to incorporate biodiversity into broader intersectoral policies. However, the measures required to ensure the fair and equitable sharing of benefits arising from biodiversity are poorly developed, or not developed at all, in the region. It is pivotal that, since Mesoamerica is one of the poorest regions in the world, any attempt to conserve biodiversity in the region must include sustainable use and equity.

The ‘Facilitator’: Proposing a New Mechanism to Strengthen the Equitable and Sustainable Use of Biodiversity

1995 ◽  
Vol 22 (3) ◽  
pp. 211-215 ◽  
Author(s):  
Anatole F. Krattiger ◽  
William H. Lesser
Keyword(s):  
Genetic Resources ◽  
Side Effect ◽  
Biological Diversity ◽  
Sustainable Use ◽  
Convention On Biological Diversity ◽  
Standard Practice ◽  
Equitable Sharing

The focus of the Convention on Biological Diversity on conservation, the sustainable use of the greatest possible diversity of biota, and the equitable sharing of the benefits derived therefrom, has broadened the opportunities and responsibilities of a range of entities that are involved with conservation. Countries seeking to market their genetic resources, as well as firms seeking access to these materials, are uncertain as to how to proceed under the new expectations brought about by the Convention, and the excitement stemming from prospecting revenues is having an unfortunate side-effect in emphasizing the perceived newness of this opportunity. The continued emphasis on newness discourages participation until a less risky standard practice emerges.

Sign in / Sign up

Export Citation Format

Share Document