A Legal Obligation to Restore Wetlands by Environmental Water Allocations

2017 ◽  
Vol 1 (2) ◽  
pp. 158-201
Author(s):  
Jeanette Jensen ◽  
Alex Gardner
Keyword(s):  
Dispute Settlement ◽  
Biological Diversity ◽  
Environmental Water ◽  
Convention On Biological Diversity ◽  
Legal Obligation ◽  
Ramsar Convention ◽  
Additional Protocol ◽  
General Obligation ◽  
Dispute Settlement Procedure

Abstract Wetlands worldwide require significant restoration, especially through environmental water allocations. This article examines the Ramsar Convention (Ramsar) and the Convention on Biological Diversity (cbd) to ascertain whether they require an obligation to restore wetlands by such means. While both conventions contain a general obligation to restore, that obligation appears too uncertain, due to either the disputable status of the language of the text (Ramsar) or the qualifying language expressing it (cbd). The Ramsar obligation, arguably, amounts to a legal obligation that is potentially enforceable in the icj against another contracting party. The article recognizes that the obligation is practically difficult to enforce because: the Convention does not provide a formal dispute settlement procedure; the obligation is derived from guidance in numerous Conference of the Parties resolutions, and is subject to certain exceptions. Further, there is a judicial reluctance to find that the facts prove a breach of the obligations and warrant a remedy. The authors argue, however, that restoration goals are, in fact, achievable through Convention amendments or by an additional protocol.

A pale reflection of political reality: Integration of global climate, wetland, and biodiversity agreements

Climate Law ◽  
2010 ◽  
Vol 1 (3) ◽  
pp. 343-373 ◽  
Author(s):  
Jamie Pittock
Keyword(s):  
Climate Change ◽  
Financial Incentives ◽  
Biological Diversity ◽  
Global Climate ◽  
Good Practice ◽  
Convention On Biological Diversity ◽  
Ramsar Convention ◽  
Multilateral Environmental Agreements ◽  
Systematic Analysis ◽  
Political Reality

Avoiding dangerous climate change, conserving biodiversity, and sustaining water resources are three of the greatest environmental challenges facing humanity: their expression and management are inextricably linked. National governments have adopted multilateral environmental agreements to respond to these issues by providing mandates for action, setting higher environmental standards, mobilizing resources, and sharing knowledge. This article examines whether three relevant, global conventions—the UN Framework Convention on Climate Change, the Convention on Biological Diversity, and the Ramsar Convention on Wetlands—are being implemented as effectively and efficiently as possible by managing conflicts and enhancing positive synergies among them through integrative mechanisms. Systematic analysis of the conventions identifies many conflicts between measures adopted under the UNFCCC and the two biodiversity-related conventions, as well as unrealized positive synergies. Detailed assessment of integrative mechanisms reveals isolated examples of good practice. More commonly, integrative measures were not being used, particularly by the UNFCCC. After more than a decade of attempts to expand interconvention collaboration and harmonization, I conclude that voluntary efforts need to be replaced by financial incentives or governance reforms if perverse impacts are to be avoided and these agreements are to be better implemented.

scholarly journals Extending REDD+ to mangroves and wetlands for small island states and a case study for the conservation of mangroves and inter-tidal mudflats in Singapore

2013 ◽  
pp. 1-14
Author(s):  
Lin Heng LYE ◽  
Vinayagan Dharmarajah
Keyword(s):  
Biological Diversity ◽  
Rapid Development ◽  
Management Strategies ◽  
Convention On Biological Diversity ◽  
Small Island ◽  
Ramsar Convention ◽  
Island States ◽  
Small Island States ◽  
Legal Strategies ◽  
City State

This paper briefly discusses the prospects of using coastal wetlands as REDD+ projects for small island states. The paper contends that the city-state of Singapore would do well to enhance existing laws to more specifically address the challenges and threats faced in conserving mangroves and inter-tidal mudflats, and support their conservation and rehabilitation, not just to facilitate the implementation of REDD+ projects but also to meet other goals like biodiversity conservation and climate change adaptation. The proposal is to expand Sungei Buloh to encompass the mudflats at Kranji which is home to the mangrove horseshoe crab (Carcinoscrorpius rotundicauda); aligned with inter-tidal and coastal management strategies advanced under the auspices of the Ramsar Convention, the Convention on Biological Diversity and the IUCN. However, there are considerable challenges in maintaining an intact eco-system in the face of rapid development, not only in Singapore itself but also in the neighbouring state of Johor, Malaysia. The paper examines the specific legal strategies that will be required to meet the various objectives of conservation in the context of Singapore's laws and the challenges posed by the development plans of both Singapore and Malaysia.

PRINCIPLES FOR THE USE OF STRATEGIC ENVIRONMENTAL ASSESSMENT AS A TOOL FOR PROMOTING THE CONSERVATION AND SUSTAINABLE USE OF BIODIVERSITY

2005 ◽  
Vol 07 (02) ◽  
pp. 173-199 ◽  
Author(s):  
JO TREWEEK ◽  
RIKI THERIVEL ◽  
STEWART THOMPSON ◽  
MARTIN SLATER
Keyword(s):  
Decision Making ◽  
Environmental Assessment ◽  
Biological Diversity ◽  
Sustainable Use ◽  
Strategic Environmental Assessment ◽  
Strategic Decision ◽  
Convention On Biological Diversity ◽  
Migratory Species ◽  
Ramsar Convention ◽  
Project Level

Strategic environmental assessment (SEA) has been identified as an important tool for helping to ensure that development is planned and implemented for the benefit of biodiversity by the Convention on Biological Diversity, the Ramsar Convention and the Convention for Migratory Species. SEA is seen as a way to overcome many limitations of project-level environmental impact assessment by allowing consideration of biodiversity at higher tiers of decision-making and planning. This paper identifies some important principles that should be taken into account to ensure that biodiversity considerations are appropriately addressed in SEA, so that the conservation and sustainable use of biodiversity are pursued as fundamental objectives of strategic decision-making. The paper also sets out key considerations to take into account at different stages in the SEA process. The principles explored in this paper should be applicable in any country where SEA is practiced, even though legislation, methodologies and procedures vary widely.

Relationship Between International Environmental Law and Other Branches of International Law

2008 ◽  
Author(s):  
Alan Boyle
Keyword(s):  
Human Rights ◽  
International Law ◽  
Dispute Settlement ◽  
Biological Diversity ◽  
Environmental Law ◽  
World Trade Organisation ◽  
Law Of The Sea ◽  
Convention On Biological Diversity ◽  
International Environmental Law ◽  
The Law

International environmental law is neither a separate nor a self-contained system or sub-system of law. Rather, it is simply part of international law as a whole. It is true that many ‘environmental’ treaties and other legal instruments have been negotiated over the past half-century, and that the study of international environmental law is to a significant extent a study of these treaties and other instruments. Nevertheless, unlike World Trade Organisation (WTO) law, the law of the sea, or human rights law, international environmental law has never been systematically codified into a single treaty or group of treaties. There is neither a dedicated international environmental organisation nor an international dispute settlement process with the ability to give it coherence. This article provides the link between international environmental law and WTO law, the 1982 UN Convention on the Law of the Sea and the 1992 Convention on Biological Diversity, environment and human rights, and dispute settlement and applicable law.

scholarly journals Important Bird and Biodiversity Areas (IBAs): their impact on conservation policy, advocacy and action

2018 ◽  
Vol 29 (2) ◽  
pp. 199-215 ◽  
Author(s):  
ZOLTAN WALICZKY ◽  
LINCOLN D. C. FISHPOOL ◽  
STUART H. M. BUTCHART ◽  
DAVID THOMAS ◽  
MELANIE F. HEATH ◽  
...  
Keyword(s):  
International Finance ◽  
Biological Diversity ◽  
Convention On Biological Diversity ◽  
Local Conservation ◽  
Ramsar Convention ◽  
Management Actions ◽  
Civil Society Organisations ◽  
Birds Directive ◽  
International Importance ◽  
Marine Realm

SummaryBirdLife International´s Important Bird and Biodiversity Areas (IBA) Programme has identified, documented and mapped over 13,000 sites of international importance for birds. IBAs have been influential with governments, multilateral agreements, businesses and others in: (1) informing governments’ efforts to expand protected area networks (in particular to meet their commitments through the Convention on Biological Diversity); (2) supporting the identification of Ecologically or Biologically Significant Areas (EBSAs) in the marine realm, (3) identifying Wetlands of International Importance under the Ramsar Convention; (4) identifying sites of importance for species under the Convention on Migratory Species and its sister agreements; (5) identifying Special Protected Areas under the EU Birds Directive; (6) applying the environmental safeguards of international finance institutions such as the International Finance Corporation; (7) supporting the private sector to manage environmental risk in its operations; and (8) helping donor organisations like the Critical Ecosystems Partnership Fund (CEPF) to prioritise investment in site-based conservation. The identification of IBAs (and IBAs in Danger: the most threatened of these) has also triggered conservation and management actions at site level, most notably by civil society organisations and local conservation groups. IBA data have therefore been widely used by stakeholders at different levels to help conserve a network of sites essential to maintaining the populations and habitats of birds as well as other biodiversity. The experience of IBA identification and conservation is shaping the design and implementation of the recently launched Key Biodiversity Areas (KBA) Partnership and programme, as IBAs form a core part of the KBA network.

Biodiversity and Climate Change

2021 ◽  
Vol 23 (2-3) ◽  
pp. 230-240
Author(s):  
Malgosia Fitzmaurice
Keyword(s):  
Climate Change ◽  
Biological Diversity ◽  
Legal Framework ◽  
The Arctic ◽  
Convention On Biological Diversity ◽  
Ramsar Convention ◽  
The Impact ◽  
Change System ◽  
Impacts Of Climate Change

Abstract This article analyses the question of a relationship between biodiversity and climate change. The legal framework for the protection of biodiversity from climate change is contained in the climate change system of treaties, i.e. the 1992 United Nations Framework Convention on Climate Change; the 1997 Kyoto Protocol; the 2015 Paris Agreement, on one hand; and the 1992 Convention on Biological Diversity on the other. There are also important global Conventions which contribute to combating of impacts of climate change on biodiversity, such as the Desertification Convention and the Ramsar Convention. The article discusses the principle of common but differentiated responsibilities within the context of climate change and biodiversity. The case study is the Arctic, which illustrates the impact of climate change on biodiversity.

scholarly journals The analysis of case law related to implementation of international agreements in the area of environmental protection in Baikal Region

2020 ◽  
pp. 25-37
Author(s):  
Roman Kolobov ◽  
Elena Makritskaya
Keyword(s):  
International Law ◽  
Biological Diversity ◽  
International Environmental Agreements ◽  
Case Law ◽  
World Heritage ◽  
Federal Court ◽  
International Agreements ◽  
Convention On Biological Diversity ◽  
Ramsar Convention ◽  
Wild Fauna

This article analyzes case law on implementation of the norms of international environmental agreements by the federal court of Irkutsk Region, Republic of Buryatia and Zabaykalsky Krai. The goal of this research is to determine the trends of application of international law regimes by the courts. The selected court rulings cover the period from 2017 to 2020. The authors came to the conclusion that the courts typically apply the provisions of the adopted in 1972 Convention on Protection of World Cultural and Natural Heritage. Most commonly used context of its implementation lies in determination of Baykal’s boundaries as the object of world heritage for the purpose of restricting land transferability. Such trend demonstrates strictly prohibitive character of perception of the Convention by law enforcement practice. At the same time, the system of protection of world heritage contains an extensive toolset for solution of environmental and socioeconomic tasks on the objects of world heritage. Practice of implementation of Convention on Biological Diversity (1992) and Ramsar Convention (1971) is quite inconsiderable, which is the authors explain by the goals and tasks of these international agreements. Implementation of the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) is predictably reduced to introduction of its provisions that determine the protected biological types. The research results can be used in assessing the efficiency of the regimes of international law with regards to protection of Lake Baikal.

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