scholarly journals PROTECTION OF THE AFRICAN LION: A CRITICAL ANALYSIS OF THE CURRENT INTERNATIONAL LEGAL REGIME

2016 ◽  
Vol 19 ◽  
pp. 1 ◽  
Author(s):  
Samantha Watts
Keyword(s):  
Biological Diversity ◽  
Population Decline ◽  
Legal Protection ◽  
Legal Framework ◽  
Convention On Biological Diversity ◽  
Legal Regime ◽  
Protection Measures ◽  
African Lion ◽  
State Boundaries ◽  
African Lions

This article looks at the current international regime that pertains to the African lion, a species that needs adequate protection across its range (a range that does not adhere to state boundaries). This analysis comes at a time when threats such as habitat and prey loss, retaliatory killing, trophy hunting and trade, are all impacting the remaining populations of African lions. The species is in danger of rapid population decline and possible extinction in the near future. Two decades ago there was an abundance of African lions, roughly 100 000, on the continent. But at present there are less than 32 000, while some believe there to be as little as 15 000 left. This decline is mainly due to the threats noted above. African lions are currently listed as "vulnerable" on the International Union for Conservation of Nature Red List of Threatened Species. This listing is being contested by commentators who believe that the species now requires an "endangered" status. African lion populations, and the threats to the species, extend across state boundaries. Therefore, international law is of particular importance in providing conservation and protection measures to the species. Creating conservation obligations at a global level allows for more uniform action, implementation and enforcement of legislation at regional and local levels. Therefore this article looks at each threat to African lion populations in detail and then assesses the international legal regime pertaining to each of these threats, and whether that regime is adequate. The Convention on Biological Diversity, Convention on the Conservation of Migratory Species, Convention on International Trade in Endangered Species of Wild Fauna and Flora and the Convention on Wetlands of International Importance are but some of the international instruments that are analysed. This article outlines the arguments that the international legal framework is not acceptable for the protection of the species, and addresses both the positive and negative aspects of this regime. It is found that the international legal regime for the African lion is in fact not effective in achieving the protection and survival of the species. Some changes are recommended, and the best way forward through an international legal lens is outlined. The security and viability of the African lion is uncertain, and legal protection of the species needs to be clear to start ensuring their survival in the future. With the increase in threats to the species and African lions already regionally endangered in some parts of Africa, it is obvious that some legal changes need to be made to ensure greater protection of the African lion at an international level.

Asian Borderlands and the Legal Protection of Traditional Knowledge and Traditional Cultural Expressions

2013 ◽  
Vol 47 (4) ◽  
pp. 1403-1433 ◽  
Author(s):  
CHRISTOPH ANTONS
Keyword(s):  
Intellectual Property ◽  
United Nations ◽  
Traditional Knowledge ◽  
Biological Diversity ◽  
Legal Protection ◽  
Indigenous Communities ◽  
Cultural Property ◽  
World Intellectual Property Organization ◽  
Convention On Biological Diversity ◽  
Nuanced Understanding

AbstractTraditional knowledge related to biodiversity, agriculture, medicine and artistic expressions has recently attracted much interest amongst policy makers, legal academics and social scientists. Several United Nations organizations, such as the World Intellectual Property Organization (WIPO) and the Convention on Biological Diversity under the United Nations Environmental Programme (UNEP), have been working on international models for the protection of such knowledge held by local and indigenous communities. Relevant national, regional or provincial level legislation comes in the form of intellectual property laws and laws related to health, heritage or environmental protection. In practice, however, it has proven difficult to agree on definitions of the subject matter, to delineate local communities and territories holding the knowledge, and to clearly identify the subjects and beneficiaries of the protection. In fact, claims to ‘cultural property’ and heritage have led to conflicts and tensions between communities, regions and nations. This paper will use Southeast Asian examples and case studies to show the importance of concepts such as Zomia, ‘regions of refuge’ and mandala as well as ‘borderlands’ studies to avoid essentialized notions of communities and cultures in order to develop a nuanced understanding of the difficulties for national and international lawmaking in this field. It will also develop a few suggestions on how conflicts and tensions could be avoided or ameliorated.

scholarly journals The law of the land: intangible ad tangible rights in Aboriginal Australia

2012 ◽  
Vol 3 (1) ◽  
pp. 227
Author(s):  
Ana Elisa Monteiro Penteado
Keyword(s):  
Indigenous Peoples ◽  
Biological Diversity ◽  
Social Values ◽  
Legal Protection ◽  
Land Rights ◽  
Convention On Biological Diversity ◽  
Aboriginal Australia ◽  
The Law

This article deals with the Convention on Biological Diversity, article 8 (j) in connection tothe national and local legislation to be enacted prior to article 8 (j) enforcement. It showsthat for legal protection of Indigenous Peoples’s intangible rights, land rights are to be resolvedby government and organisms devoted to land right claimed by Aboriginal Peoples.The experience of Australia through its recent colonization, decolonization and reviewof social values presented by Rudd Administration secured Indigenous Peoples rights. In conclusion, this article proposes a multi-action from historical, political, legal and jurisprudentialsources for article 8 (j) to be operative. 

scholarly journals Konflikte um das "grüne Gold der Gene"

2002 ◽  
Vol 32 (129) ◽  
pp. 631-652
Author(s):  
Christoph Görg ◽  
Ulrich Brand
Keyword(s):  
Critical State ◽  
International Institutions ◽  
Biological Diversity ◽  
Legal Framework ◽  
State Theory ◽  
Benefit Sharing ◽  
Convention On Biological Diversity ◽  
Nation State ◽  
Political Processes

In the last years an international legal framework evolved m the field of biodiversity, its protection and use. Accesses to genetic resources and mtellectual property nghts for developed commodities are fundamental for dominant actors and therefore these two aspects are central in political processes. Other aspects as nghts of mdlgenous peoples or benefit sharing have much less importance. Central institutions to regulate the highly contested issues are the Convention on Biological Diversity, the TRIPS agreement m the wro as well as the FAO which are not at all coherent in their policies. Agamst the background of regulation and critical state theory the article examines the contradictory role of the nation-state and international institutions in international biodiversity politics and examines central conflicts lines. Weaker actors try to politicise the struggle under the concept of "biopiracy" accusing dominant actors of an illegitimate appropriation of biodiversity. Fmally, some preconditions of "democratic biodiversity politics" are outlined.

scholarly journals The biodiversity crisis in Canada: failures and challenges of federal and sub-national strategic and legal frameworks

FACETS ◽  
2021 ◽  
Vol 6 ◽  
pp. 1044-1068
Author(s):  
Justina C. Ray ◽  
Jaime Grimm ◽  
Andrea Olive
Keyword(s):  
Decision Making ◽  
Biodiversity Conservation ◽  
Biological Diversity ◽  
Integrated Approach ◽  
Legal Framework ◽  
Convention On Biological Diversity ◽  
Governance Capacity ◽  
Financial Investment ◽  
Economic Wealth ◽  
Biodiversity Crisis

Negative biodiversity trends are evident in Canada, in spite of its ecological and economic wealth and high governance capacity. We examined the current implementation of Canada’s national biodiversity strategy—the planning instrument to the United Nations Convention on Biological Diversity—through its existing legal framework. We did this by evaluating biodiversity-related strategies and plans and 201 federal, provincial, and territorial laws. We found that while most jurisdictions claim dedicated attention to biodiversity, there is little evidence of an integrated approach within provinces and territories and across the federation. Biodiversity conservation led by governments underscores the need for considerations of species and ecosystem services to be mainstreamed into economic and development decision-making. Key challenges to this include Canada’s unusual degree of decentralized constitutionally ascribed authority over natural assets and its historical and continued economic emphasis on extraction of natural resources—a conflict of interest for jurisdictions. Transitioning to scale-appropriate planning and integrated decision-making that can address the pressures and causes of biodiversity conservation in Canada will require transformative change. Law reform, while necessary, will not succeed unless accompanied by a whole-of-government approach, a shift to a bio-centric mindset, innovative governance (particularly Indigenous-led conservation), and federal leadership with strong levels of financial investment.

scholarly journals Bioprospecting in the High Seas: Existing Rights and Obligations in View of a New Legal Regime for Marine Areas beyond National Jurisdiction

2014 ◽  
Vol 29 (2) ◽  
pp. 321-343 ◽  
Author(s):  
Ane Jørem ◽  
Morten Walløe Tvedt
Keyword(s):  
Biological Diversity ◽  
Patent Law ◽  
Benefit Sharing ◽  
Law Of The Sea ◽  
Convention On Biological Diversity ◽  
Legal Regime ◽  
National Jurisdiction ◽  
The Law ◽  
Marine Areas ◽  
High Seas

This article examines the law governing bioprospecting in the high seas and subsequent use of biological material. Seen in relation to the on-going debate on a new legal regime for marine areas beyond national jurisdiction, the authors explore the degree to which existing rights and obligations under the law of the sea and patent law could coincide with one of the objectives of the Convention on Biological Diversity, namely that of promoting benefit sharing. The activity of bioprospecting is examined in light of the different freedoms of the high seas, making the point that different interpretations give different indications of existing provisions on benefit sharing. In particular, the regime for marine scientific research under the law of the sea exemplifies different ways for sharing benefits, all of which run up against implementation challenges when seen in relation to rights awarded by patents to inventions resulting from bioprospecting.

scholarly journals Assessing the progress and pitfalls of the Ministry of Environment, Forest, and Climate Change in achieving SDGs in Bangladesh

2021 ◽  
Vol 29 (2) ◽  
pp. 140-158
Author(s):  
Md. Mizanur Rahman
Keyword(s):  
Climate Change ◽  
Environmental Sustainability ◽  
Biological Diversity ◽  
Climate Adaptation ◽  
Secondary Data ◽  
Legal Framework ◽  
Convention On Biological Diversity ◽  
Research Activities ◽  
Responsible Consumption ◽  
Aichi Biodiversity Targets

The study strived to assess the performance of the Ministry of Environment, Forest, and Climate Change in achieving environmental sustainability in Bangladesh. The overarching pitfalls, shortcomings, and associated challenges were critically examined. The research used both primary and secondary data, which was collected following several research approaches. It was found that the Ministry is actively working to achieve 25 targets of SDGs. Nothing is mentioned about climate change in its mandates though it is nodal Ministry in climate adaptation and mitigation. Due to its ambiguous and viscous mandates, jurisdictional overlapping followed by the conflict of interests has been created in many other ministries and divisions. In SDGs mapping, this Ministry's role in achieving food security and responsible consumption have been downplayed. According to key informants' perception, it could not garner the community’s support in conservation initiatives. On the other hand, due to drawbacks in the legal framework, environmental justice could be ensured on an equal basis. No noticeable activities were observed that can achieve the targets 2020, agreed under the UN Convention on Biological Diversity (CBD), as part of the set of Aichi Biodiversity Targets. The Ministry could not establish any reliable database through which ecological, carbon, and green footprints can be measured. Correspondingly, Bangladesh Forest Research Institute cannot carry out need-based and world standard research activities. Institutional and legal reform is advocated to expedite the actions to achieve environmental sustainability. The study recommends enhancing the capacity of the Ministry.

scholarly journals Natural resources in international treaties: From the sovereign rights of states to the common concern of humankind

2021 ◽  
pp. 391-405
Author(s):  
Dragoljub Todić
Keyword(s):  
Climate Change ◽  
Natural Resources ◽  
Biological Diversity ◽  
Legal Protection ◽  
International Agreements ◽  
Convention On Biological Diversity ◽  
International Treaties ◽  
Common Concern ◽  
The Common

The paper points out the importance of natural resources and discusses their international legal protection. It analyses the UN deposited international agreements in the field of environment as well as the views of various authors. In specific, relations of the international agreements with the principle of permanent sovereignty of states over natural resources ("principle") and the concept of ,,common concern of humankind" (,,concept") is explored. The aim of the paper is to identify relevant international agreements, determine how they relate to ,,natural resources" and assess the content of norms related to the ,,principle" and ,,concept". The conclusion states that the ,,principle" and the ,,concept" are simultaneously defined in two international agreements (Convention on Biological Diversity and the UN Framework Convention on Climate Change), that the content and meaning of the ,,principle" was upgraded, as well as that there are elements of intertwining and lack of clarity when it comes to characterising relations between the ,,principle" and the ,,concept".

scholarly journals PERLINDUNGAN HUKUM SUMBER DAYA GENETIK INDONESIA DAN OPTIMALISASI TEKNOLOGI INFORMASI

2020 ◽  
Vol 4 (2) ◽  
pp. 236
Author(s):  
Sudaryat Sudaryat
Keyword(s):  
Information Technology ◽  
Biological Diversity ◽  
Descriptive Analysis ◽  
Legal Protection ◽  
Developed Countries ◽  
Convention On Biological Diversity ◽  
Pharmaceutical Companies ◽  
Literature Study ◽  
Double Standards ◽  
Cartagena Protocol

ABSTRAKIndonesia menyimpan sumber daya genetik yang melimpah namun memiliki kelemahan dalam database nya. Hal ini menjadi celah adanya tindakan biopiracy dari perusahaan-perusahaan farmasi negara maju. Perkembangan teknologi informasi memasuki era teknologi 4.0 dan society 5.0. Perlindungan hukum sumber daya genetik dari sisi regulasi dan kelembagaan serta optimalisasi teknologi informasi dalam perlindungan non yuridis Metode penelitian yang digunakan yaitu yuridis normatif dengan pendekatan dekriptif analisis. Data dikumpulkan melalui studi pustaka dan wawancara dan dianalisis dengan metode yuridis kualitatif. Indonesia belum memiliki aturan khusus mengenai sumber daya genetik. Konvensi Keanekaragaman Hayati, Propokol Cartagena dan Protokol Nagoya belum optimal karena tidak didukung oleh negara maju yang menerapkan standard ganda. Perkembangan teknologi infomrasi menjadi peluang sekaligus tantangan. Teknologi informasi dapat menjadi sarana penyusunan database sumber daya genetik yang melimpah dan beragam. Pemanfaatan teknologi informasi menjadi mutlak dilakukan dan dapat menjadi sarana pembuktian secara elektronik serta upaya pencegahan klaim dari negara lain.Kata kunci: genetik; Indonesia; keragaman; informasi; teknologiABSTRACT Indonesia stores abundant genetik resources but has weaknesses in its database. This becomes a gap in the biopiracy of the pharmaceutical companies in developed countries. The development of information technology entered the era of technology 4.0 and society 5.0. Legal protection of genetik resources in terms of regulation and institutions as well as optimization of information technology in non-juridical protection.The research method used is juridical normative with descriptive analysis approach. Data was collected through literature study and interviews and analyzed using qualitative juridical methods.Indonesia does not yet have specific rules regarding genetik resources. The Convention on Biological Diversity, the Cartagena Protocol and the Nagoya Protocol are not yet optimal because they are not supported by developed countries that apply double standards. The development of information technology is both an opportunity and a challenge. Information technology can be a means of compiling a database of abundant and diverse genetik resources. The use of information technology is absolutely necessary and can be a means of proving electronically and efforts to prevent claims from other countries.Keywords: diversity; genetic; Indonesian; information; technology

Marine Genetic Resources, Including Sharing of Benefits

2017 ◽  
Vol 111 ◽  
pp. 245-247
Author(s):  
Angel Horna
Keyword(s):  
Genetic Resources ◽  
International Law ◽  
Biological Diversity ◽  
Environmental Law ◽  
Law Of The Sea ◽  
Convention On Biological Diversity ◽  
Legal Regime ◽  
Progressive Development ◽  
Equitable Sharing ◽  
United Nations Convention

If we look at the development of international law of the sea, an evolution that can be traced back to the emergence of the traditional law of the sea and its transition into its modern version (enshrined in the United Nations Convention on the Law of the Sea—UNCLOS), I would argue that we are now in the midst of another major moment in the codification and progressive development of international law of the sea, which—on this occasion—also includes the interrelationship between that legal regime and international environmental law, in particular the Convention on Biological Diversity (CBD) and the Nagoya Protocol on Access to Genetic Resources and the Fair and Equitable Sharing of Benefits Arising from their Utilization to the CBD.

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