The ecosystem approach under the Convention on Biological Diversity: a review of decisions of the Conference of the Parties

Leading Role ◽

Current State ◽

Practical Guidelines ◽

Environmental Relations

A comprehensive analysis of the process of formation and development of the ecosystem approach in international environmental law under the Convention on Biological Diversity has been undertaken. Based on a study of the provisions of the Convention and a review of decisions of the meetings of its governing body – the Conference of the Parties – the conclusion is made about the current state of development of the ecosystem approach. In particular, under the Convention on Biological Diversity, general framework of the ecosystem approach have been developed, including its description, principles and practical guidelines for its application, and its leading role in the conservation of biodiversity has been determined. Undoubtedly, the ecosystem approach generally and its principles particularly require thorough discussion at future meetings of the Conference of the Parties and implementation in appropriate decisions. At the same time, it is quite obvious that the effectiveness of this approach in the issue of biodiversity conservation will depend primarily on its implementation in the state environmental policy and legislation of all countries-participants of the Convention and its practical realization, which, according to the author, should become one of the priority and strategic directions in the field of legal regulation of environmental relations in Ukraine.

FORMATION AND DEVELOPMENT OF THE ECOSYSTEM APPROACH IN INTERNATIONAL ENVIRONMENTAL LAW BEFORE THE CONVENTION ON BIOLOGICAL DIVERSITY

10.33002/jelp001.03 ◽

2021 ◽

Vol 001 (001) ◽

pp. 47-85

Author(s):

Yevhenii Suietnov

Keyword(s):

Biological Diversity ◽

Environmental Law ◽

International Environmental Agreements ◽

Ecosystem Approach ◽

Environmental Agreements ◽

Natural Ecosystems ◽

Holistic Concept ◽

General Aspects

The article analyses general aspects of the formation and development of the ecosystem approach in international environmental law before the adoption and entry into force of the Convention on Biological Diversity. On the grounds of thorough and complex research encompassing the main international environmental agreements and scientists’ views, it is concluded that the issues of protection and conservation of natural ecosystems and implementation of the ecosystem approach had already received wide support at the international level by that time, whereas adopted agreements created the necessary base for the further formation and development of the ecosystem approach as a holistic concept under the Convention on Biological Diversity.

Ecosystem Approach in Dealing with Invasive Alien Species: International, European and Ukrainian Experience of Legal Regulation

Grassroots Journal of Natural Resources ◽

10.33002/nr2581.6853.040308 ◽

2021 ◽

Vol 4 (3) ◽

pp. 79-93

Author(s):

Yevhenii Suietnov ◽

Elbis Tulina

Keyword(s):

Alien Species ◽

Biological Diversity ◽

Invasive Alien Species ◽

Environmental Law ◽

Ecosystem Approach ◽

Legal Regulation ◽

Habitat Destruction ◽

Positive Trend ◽

The European Union

This article is devoted to highlighting the international, European and Ukrainian experience encompassing legal regulation dealing with the invasive alien species that represent the second largest threat to global biodiversity, right after habitat destruction. It has been proved that, at the international level, primarily within the framework of the Convention on Biological Diversity, the ecosystem approach is recognized as the basis in dealing with such species. It is also gradually being reflected in the regulatory framework of the European Union. The provisions of the EU on nature protection and the relevant regulations of the European Commission define invasive species, which are prohibited from activities that may contribute to their dissemination in the environment. In the Ukrainian environmental law, a positive trend towards the recognition of the ecosystem approach in dealing with invasive alien species is observed primarily among national strategic documents, while in current national environmental legislation, these issues are regulated fragmentarily and inconsistently, which indicates the need for its early reform.

The EU and Environmental Multilateralism: The Case of Access and Benefit-Sharing and the Need for a Good-Faith Test

Cambridge yearbook of European legal studies ◽

10.1017/s1528887000002573 ◽

2014 ◽

Vol 16 ◽

pp. 109-142

Author(s):

Elisa Morgera

Keyword(s):

Biological Diversity ◽

Environmental Law ◽

Good Faith ◽

Benefit Sharing ◽

Access And Benefit Sharing ◽

Adoption And Implementation ◽

Legal Principle ◽

The Eu

AbstractThis chapter discusses the need for a good-faith test for assessing the legitimacy of ongoing and future EU initiatives aimed at contributing to the development and implementation of international environmental law. A test that is based on the international legal principle of good faith may serve to better understand when the EU is effectively supporting environmental multilateralism to the benefit of the international community, rather than seeking to unduly influence it purely for its own advantage. The test is developed mostly on the basis of EU efforts of contributing to climate change multilateralism, and is applied to a much less studied case: the adoption and implementation of the Nagoya Protocol on Access to Genetic Resources and Benefit-sharing under the Convention on Biological Diversity.

A critical examination of the Financial Mechanism as adopted in the Convention on Biological Diversity (CBD) from a developing countrys perspective

Northern University Journal of Law ◽

10.3329/nujl.v1i0.18526 ◽

2014 ◽

Vol 1 ◽

pp. 70-81

Author(s):

Shah Md Mushfiqur Rahman

Keyword(s):

Developing Countries ◽

Technology Transfer ◽

Developing Country ◽

Biological Diversity ◽

Environmental Law ◽

Critical Examination ◽

Effective Compliance ◽

Financial Mechanism

The main objective of this article would be to examine the financial mechanism of the CBD for the purpose of measuring its efficiency to ensure the Convention's implementation in the developing countries. The more international environmental law advances the more it is realized that normative provisions are hardly able to bring any good to the environment, if it is not substantiated by effective compliance mechanisms. The Convention on Biological Diversity is no exception to this realization and in tune with that the CBD adopted some in-built mechanisms e.g. financial mechanism, technology transfer etc. But how much is the financial mechanism, the most important of these, efficient to prompt the developing countries to comply with the Convention? This article will search for the answer to this question which is especially intriguing given the challenge of developing countries to strike a balance between developmental and conservation needs. DOI: http://dx.doi.org/10.3329/nujl.v1i0.18526 Northern University Journal of Law Vol.1 2010: 70-81

Part VII Inter-linkages with Other Regimes, Ch.48 Intellectual Property

10.1093/law/9780198849155.003.0048 ◽

2021 ◽

Author(s):

Benjamin Lisa

Keyword(s):

Intellectual Property ◽

Property Rights ◽

Intellectual Property Rights ◽

Biological Diversity ◽

Environmental Law ◽

Plant Genetic Resources ◽

Food And Agriculture ◽

Environmentally Sound

This chapter focuses on the role of intellectual property law and intellectual property rights (IPRs) in international environmental law. IPRs such as patents are also closely associated with biotechnology developments, and so are highly relevant to efforts to preserve biological diversity, ensure food security, and implement sustainable development goals (SDGs). Issues relating to IPRs arise in three broad areas of international environmental law: whether IPRs should be granted for potentially environmentally damaging technologies; the extent to which IPRs protect Indigenous environmental knowledge; and the extent to which IPRs may limit the transfer of environmentally sound technology. The chapter then provides an overview of IPRs under the 1994 Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPs) and the 2001 International Treaty on Plant Genetic Resources for Food and Agriculture (ITPGFA). It also considers the 1992 Convention on Biological Diversity (CBD); the 2010 Nagoya Protocol; the 1992 United Nations Framework Convention on Climate Change (UNFCCC); and the 2015 Paris Agreement.

International Standard Setting in Biomedicine – Foundations and New Challenges

Volume 61 · 2018 - German Yearbook of International Law ◽

10.3790/gyil.61.1.131 ◽

2019 ◽

Vol 61 (1) ◽

pp. 131-151

Author(s):

Silja Vöneky

Keyword(s):

Human Rights ◽

Biological Diversity ◽

Technological Development ◽

Environmental Law ◽

Standard Setting ◽

Human Rights Law ◽

New Challenges ◽

Gene Drives

This article examines current challenges for a normative framework regulating biomedicine, including those arising from the use of big data and machine learning tools, and from the use of the CRISPR/Cas-9 technology, as for instance gene drives. The article focusses on the question of legitimate standard setting and takes into account both “hard” and “soft” law as well as private rule making. This includes international treaties and declarations in the area of human rights law and environmental law, such as the International Covenant on Civil and Political Rights, the Cartagena Protocol on Biosafety to the Convention on Biological Diversity, the Rio Declaration on Environment and Development, and, more specifically, the UNESCO Declaration on Bioethics and Human Rights. The author argues that, as instruments of biotechnology and biomedicine merge, international environmental law has to be interpreted in the light of human rights law. In order to adapt to new challenges, the article calls for a humanisation of international environmental law and, because of the ongoing disruptive technological development, argues that further legitimate standard setting is required. Keywords: Biomedicine, Biotechnology, Gene Drives, Standard Setting, CRISPR/Cas-9, Artificial Intelligence

Relationship Between International Environmental Law and Other Branches of International Law

The Oxford Handbook of International Environmental Law ◽

10.1093/oxfordhb/9780199552153.013.0007 ◽

2008 ◽

Author(s):

Alan Boyle

Keyword(s):

Human Rights ◽

International Law ◽

Dispute Settlement ◽

Biological Diversity ◽

Environmental Law ◽

World Trade Organisation ◽

Law Of The Sea ◽

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.

IP Rights in International Environmental Law

10.1093/oso/9780199663392.003.0011 ◽

2017 ◽

Author(s):

Henning Grosse Ruse-Khan

Keyword(s):

Genetic Resources ◽

Biological Diversity ◽

Environmental Law ◽

International Treaties ◽

Biological Resources ◽

Important Input ◽

The One ◽

Rule Systems

This chapter focusses on the two core aspects of the relationship between intellectual property (IP) rights and international environmental law. This interface is embodied in two related, but discernible rule systems. On the one hand, natural and biological resources are increasingly serving as important input or source for innovative human activities, often leading to IP rights granted over the resulting technology. On the other, whenever IP rights are granted over technologies or plant varieties that involve genetic resources, conflicts between the property rights of an individual IP holder and those who claim ownership (such as a state) over the biological resources may arise. The main international treaties applicable here are the Convention on Biological Diversity (CBD) and its Nagoya Protocol on Access to Genetic Resources and the Fair and Equitable Sharing of Benefits Arising from their Utilization (NP).

Application of the ‘Precautionary Principle’ in the 2000 Biosafety Protocol to the 1992 Convention on Biological Diversity

Journal of International Biotechnology Law ◽

10.1515/jibl.2005.2.3.112 ◽

2005 ◽

Vol 2 (3) ◽

Author(s):

Simon Brown ◽

Daud Hassan

Keyword(s):

Precautionary Principle ◽

Biological Diversity ◽

Genetic Manipulation ◽

Environmental Law ◽

Environmental Harm ◽

World Hunger ◽

The Precautionary Principle ◽

National Boundaries

IntroductionThe development of genetic manipulation in recent years has caused both angst and excitement. The technology has the potential to solve world hunger and create cures for many of humanities ailments. However many have also expressed concern that our understanding of the potential of the technology to cause significant environmental harm is limited. The possibility that this harm could extend beyond national boundaries has led to the technology being discussed in the international environmental law arena. The

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

Agora International Journal of Juridical Sciences ◽

10.15837/aijjs.v9i3.2110 ◽

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 ◽

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.