scholarly journals A critical examination of the Financial Mechanism as adopted in the Convention on Biological Diversity (CBD) from a developing country’s perspective

2014 ◽  
Vol 1 ◽  
pp. 70-81
Author(s):  
Shah Md Mushfiqur Rahman
Keyword(s):  
Developing Countries ◽  
Technology Transfer ◽  
Developing Country ◽  
Biological Diversity ◽  
Environmental Law ◽  
Convention On Biological Diversity ◽  
Critical Examination ◽  
International Environmental Law ◽  
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

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

2014 ◽  
Vol 16 ◽  
pp. 109-142
Author(s):  
Elisa Morgera
Keyword(s):  
Biological Diversity ◽  
Environmental Law ◽  
Good Faith ◽  
Benefit Sharing ◽  
Convention On Biological Diversity ◽  
International Environmental Law ◽  
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.

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

2021 ◽  
Author(s):  
Ye. P. Suietnov
Keyword(s):  
Biological Diversity ◽  
Environmental Law ◽  
Ecosystem Approach ◽  
Legal Regulation ◽  
Convention On Biological Diversity ◽  
International Environmental Law ◽  
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.

Part VIII Compliance, Implementation, and Effectiveness, Ch.55 Technology Assistance and Transfers

2021 ◽  
Author(s):  
Alam Shawkat
Keyword(s):  
Economic Growth ◽  
Developing Countries ◽  
Technology Transfer ◽  
Intellectual Property ◽  
Intellectual Property Rights ◽  
Environmental Law ◽  
International Environmental Law ◽  
Effective Implementation ◽  
Technology Transfers

This chapter highlights the role of technological assistance and transfers in international environmental law. At its heart, technology transfers aim to address the inequitable distribution of costs and benefits that have occurred between developed and developing countries under conventional patterns of economic growth. This has been reflected through a range of international environmental law instruments. However, despite the prevalence of technology provisions in international environmental law, there remains a lack of effective implementation. This can be attributed, in part, to the tension between technology transfers and the protection of intellectual property rights. Direct confrontation between the intellectual property and technology transfer regimes has been side-stepped, but there remains a strong need to seek complementarity between the two systems.

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

2021 ◽  
Vol 001 (001) ◽  
pp. 47-85
Author(s):  
Yevhenii Suietnov
Keyword(s):  
Biological Diversity ◽  
Environmental Law ◽  
International Environmental Agreements ◽  
Ecosystem Approach ◽  
Convention On Biological Diversity ◽  
Environmental Agreements ◽  
Natural Ecosystems ◽  
International Environmental Law ◽  
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.

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

2021 ◽  
Author(s):  
Benjamin Lisa
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Biological Diversity ◽  
Environmental Law ◽  
Plant Genetic Resources ◽  
Convention On Biological Diversity ◽  
International Environmental Law ◽  
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

2019 ◽  
Vol 61 (1) ◽  
pp. 131-151
Author(s):  
Silja Vöneky
Keyword(s):  
Human Rights ◽  
Biological Diversity ◽  
Technological Development ◽  
Environmental Law ◽  
Standard Setting ◽  
Convention On Biological Diversity ◽  
Human Rights Law ◽  
International Environmental 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

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.

IP Rights in International Environmental Law

2017 ◽  
Author(s):  
Henning Grosse Ruse-Khan
Keyword(s):  
Genetic Resources ◽  
Biological Diversity ◽  
Environmental Law ◽  
Convention On Biological Diversity ◽  
International Treaties ◽  
International Environmental Law ◽  
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).

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

2005 ◽  
Vol 2 (3) ◽  
Author(s):  
Simon Brown ◽  
Daud Hassan
Keyword(s):  
Precautionary Principle ◽  
Biological Diversity ◽  
Genetic Manipulation ◽  
Environmental Law ◽  
Convention On Biological Diversity ◽  
Environmental Harm ◽  
International Environmental Law ◽  
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

scholarly journals Role of the South in the Development of International Environmental Law

2017 ◽  
Vol 1 (2) ◽  
pp. 133-157
Author(s):  
Parvez Hassan
Keyword(s):  
Developing Countries ◽  
International Law ◽  
Environmental Law ◽  
International Environmental Law ◽  
Colonial Era ◽  
International Protection ◽  
Post Colonial ◽  
Protection Of Human Rights ◽  
Independent States ◽  
Law Texts

Abstract In the post-colonial era, the newly emerging and independent states of Asia and Africa, supported by the developing world in South America, questioned the validity and legitimacy of norms of international law. Those norms were perceived to serve only the interests of the developed Western nations and were alien to the aspirations of the developing countries. International law has evolved over time, with a willingness to accept the viewpoint of new participants in the global process in a variety of contexts. These include the international protection of human rights and international law regarding the permanent sovereignty of nations over their natural wealth and resources. The interests of developing countries have been assimilated, though the extent to which this is done varies. A central message advanced is that the ultimate integrity of international law is the commonality and synthesis of the interests of all states, rich and poor, agricultural and industrial. The continuing contribution of developing countries, through their participation in conferences, negotiation of treaties and soft law texts, adds immeasurable strength to the current state and future development of international environmental law.

Sign in / Sign up

Export Citation Format

Share Document