Balancing Environmental Protection and Offshore Petroleum Developments in Guyana

2020 ◽  
Vol 1 (1) ◽  
pp. 1-27
Author(s):  
Alicia Elias-Roberts
Keyword(s):  
Development Strategy ◽  
Biological Diversity ◽  
Environmental Law ◽  
Effective Area ◽  
Convention On Biological Diversity ◽  
State Development ◽  
Green State ◽  
The Government ◽  
The Right ◽  
Offshore Petroleum

This paper reviews Guyana's challenge to regulate the new petroleum sector. The need to amend several pieces of legislation to be aligned with the Aichi targets for 2020 under the Convention on Biological Diversity are examined. Aichi Target 11 provides that ‘by 2020, at least 17 per cent of terrestrial and inland water areas and 10 per cent of coastal and marine areas, especially areas of particular importance for biodiversity and ecosystem services, are conserved through effectively and equitably managed, ecologically representative and well-connected systems of protected areas and other effective area-based conservation measures, and integrated into the wider landscape and seascape.’ The Government of Guyana's Green State Development Strategy which has sustainable development at its core is also examined along with several environmental law principles. The Green State Development Strategy and several environmental law principles are discussed to highlight their relevance to the protection of the marine environment and biodiversity conservation. Several recommendations are made to highlight relevant laws which should be updated for the State to achieve the right balance regarding protection of the environment and sustainable management of offshore petroleum projects in line with the obligations under the Convention on Biological Diversity.

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 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 Challenges of Gauging the Impact of Area-Based Fishery Closures and OECMs: A Case Study Using Long-Standing Canadian Groundfish Closures

2021 ◽  
Vol 8 ◽  
Author(s):  
Nancy L. Shackell ◽  
David M. Keith ◽  
Heike K. Lotze
Keyword(s):  
Biological Diversity ◽  
Regional Scale ◽  
Effective Area ◽  
Convention On Biological Diversity ◽  
Population Growth Rates ◽  
Research Survey ◽  
Development Goals ◽  
Marine Areas ◽  
The Impact

The United Nations Convention on Biological Diversity was established in 1993. Canada is a signatory nation that has adopted, and exceeded, the UN Aichi biodiversity target to protect 10% of coastal and marine areas through marine protected areas or “other effective area-based conservation measures” (OECMs) by 2020. However, the science of OECMs as contributors to biodiversity conservation is relatively young and their definition and efficacy testing continue to evolve. Here, we examine whether areas closed to fishing on the Scotian Shelf in Atlantic Canada, where the groundfish community had collapsed in the early 1990s, have the potential to serve as OECMs for groundfish recovery. Using long-term research survey data, we show that three long-term area-based fishing fleet closures did not enhance per capita population growth rates of the majority of 24 common groundfish species. At a regional scale, 10 out of 24 species are currently at less than 50% of their pre-collapse (1979–1992) biomass, reflecting a sustained diminished productivity, even though fishing mortality has been drastically reduced through a moratorium in 1993. Additional measures are needed to protect severely depleted groundfish, especially when the causes of continued diminished productivity are still largely unresolved. The importance of OECMs as a risk-averse approach toward sustainability is globally accepted and they can be considered a tool toward the overarching UN Sustainable Development Goals (SDG-14). Our study provides further impetus toward articulating the criteria of OECMs and improving their design, monitoring, and testing, while placing OECMs within the broader context of sustainable ecosystem-based management.

scholarly journals Conceptual Graphs and Terminological Idiosyncrasy in UNCLOS and CBD

2021 ◽  
Vol 9 ◽  
Author(s):  
Pierre Mazzega
Keyword(s):  
Biological Diversity ◽  
Environmental Law ◽  
Convention On Biological Diversity ◽  
Conservation Of Resources ◽  
Conceptual Graphs ◽  
Language Semantics ◽  
Legal Texts ◽  
Conceptual Graph ◽  
United Nations Convention ◽  
Interpretative Flexibility

Do two conventions of international environmental law necessarily endow the same word with the same meaning? A single counterexample is enough to answer in the negative: this is the case of the term “resource” in the United Nations Convention on the Law of the Sea (UNCLOS) and the Convention on Biological Diversity (CBD). Beyond this result, we tackle the questions, raised by the method of analysis implemented, about the semantics of legal texts, a source of interpretative flexibility but also of cognitive amalgamations and confusions of various types. A conceptual graph is associated with each proposition or sentence comprising the term “resource.” Some expressions, especially those of a deontic nature and noun phrases naming a group of interrelated entities or a fact, are encoded in nested graphs. The scope of a term is revealed by the neighbourhood of its uses. Neighbouring expressions, positioned along the paths of conceptual graphs, are ranked owing to their distance from the target expression. Then the neighbours the most contributing to the distributional meaning of the targets are classified in a coarse taxonomy, providing basic ontological traits to “resource” and related expressions in each convention. Although the two conventions rely on the same language, the weak overlap of their respective neighbourhoods of the term “resource” and associated expressions and their contrasted ontological anchorages highlight idiosyncratic meanings and, consequently, divergent orientations and understandings regarding the protection and conservation of resources, especially of living resources. Thus, the complexity of legal texts operates both in the gap between language semantics and cognitive understanding of the concepts used, and in the interpretative flexibility and opportunities for confusion that the texts offer but that the elementary operations of formalisation allow to deconstruct and clarify.

scholarly journals STRATEGI PENGEMBANGAN USAHA MIKRO, KECIL DAN MENENGAH (UMKM) EKONOMI KREATIF KERAJINAN KULIT DI KABUPATEN MAGETAN (Studi Pada Dinas Perindustrian dan Perdagangan Kabupaten Magetan)

2018 ◽  
Vol 4 (1) ◽  
Author(s):  
Langgeng R. Putra ◽  
Lely Indah Mindarti ◽  
Firda Hidayati
Keyword(s):  
Human Resource Development ◽  
Development Strategy ◽  
Small And Medium Enterprises ◽  
Strategy Development ◽  
Creative Economy ◽  
Positive Direction ◽  
Score Card ◽  
The Government ◽  
The Right ◽  
Medium Enterprises

Micro, Small And Medium Enterprise Development Strategy of Creative Economy Leather In Magetan (Study At Magetan Industry And Trade Office). In the development of Micro, Small and Medium Enterprises leather crafts needed a good strategy to foster a more positive direction. The government, ie related agencies and related stakeholders are expected to provide solutions in every problem that exists. The purpose of this study is to describe, analyze and provide the right strategy formula to develop Micro, Small and Medium Enterprises leather crafts. The method chosen in this research is SWOT with score card. Field findings indicate that there are problems related to the development of production, human resource development and marketing. Keywords: Strategy, Development, UMKM, Leather Craft

Part II Analytical Approaches, Ch.12 Feminist Approaches

2021 ◽  
Author(s):  
Maguire Rowena
Keyword(s):  
Climate Change ◽  
United Nations ◽  
Biological Diversity ◽  
Environmental Law ◽  
Gender Mainstreaming ◽  
Convention On Biological Diversity ◽  
Power Relationships ◽  
Action Plans ◽  
Social Constructs ◽  
Analytical Approaches

This chapter provides a brief overview of ecofeminist theory. It charts its rise due to the perception of women having a closer relationship with nature, the retreat of ecofeminism when essentialist notions of women's connections to nature were challenged, followed by the subsequent re-framing of ecofeminism, in light of material and power relationships. More recently, scholars have defended ecofeminism, arguing that it provides a lens to examine the exploitation of nature and women, through analyses of power, social constructs, and inter-species relationships. The chapter then examines the contribution of women in shaping international environmental law (IEL) in pre- and post-UNCED (United Nations Conference on Environment and Development) periods. It also explores recent efforts to embed gender within IEL processes, through the adoption of Gender Action Plans in the 1994 UNCCD (UN Convention to Combat Desertification), the 1992 UNCBD (Convention on Biological Diversity), and UNFCCC (UN Framework Convention on Climate Change). While IEL is generally gender-blind, it is transitioning through a period of gender mainstreaming and the future of IEL is likely to be increasingly gender-literate.

scholarly journals PERUSAHAAN DAN KONSERVASI KEANEKARAGAMAN HAYATI LAUT: THE RIGHT TO TOURISM vs SUSTAINABLE TOURISM

2018 ◽  
Vol 46 (2) ◽  
pp. 125
Author(s):  
Ni Ketut Supasti Dharmawan ◽  
Made Sarjana ◽  
Putu Aras Samshitawrati
Keyword(s):  
Human Rights ◽  
Biological Diversity ◽  
Sustainable Tourism ◽  
Convention On Biological Diversity ◽  
Action Plans ◽  
Business And Human Rights ◽  
The Right ◽  
Model Action

Keanekaragam hayati laut dikembangkan sebagai salah satu produk dalam kegiatan kepariwisataan serta akses the right to tourism bagi wisatawan. Namun, pemenuhan hak tersebut jangan sampai  mengorbankan  sustainable tourism  bagi generasi mendatang, khususnya akses  lingkungan  sehat mata rantai ekosistem keanekaragaman hayati biota laut. Oleh karenanya, penting  mengkaji tanggungjawab perusahaan dalam usaha perlindungan dan konservasi. Metode penelitian hukum normatif digunakan untuk mengkaji Convention on Biological Diversity, UNWTO, UDHR, the GPs for Business and Human Rights, U.U. No. 5 Tahun 1990, U.U. No. 32 Tahun 2009, maupun U.U. No. 10 Tahun 2009. Perusahaan bersama dengan stakeholders lainnya bertanggungjawab mewujudkan perlindungan dan konservasi terhadap keanekaragaman biota laut.  Model Action Plans on Business and Human Rights relevan  untuk meningkatkan tanggung jawab perusahaan dalam perlindungan dan konservasi keanekaragaman hayati laut. 

Application of precautionary principle in international trade law and international environmental law

2014 ◽  
Vol 13 (1) ◽  
pp. 19-43 ◽  
Author(s):  
Abdul Haseeb Ansari ◽  
Sri Wartini
Keyword(s):  
Precautionary Principle ◽  
Biological Diversity ◽  
Environmental Law ◽  
Convention On Biological Diversity ◽  
Poor People ◽  
Environmental Aspects ◽  
Content Type ◽  
Trade Law ◽  
International Trade Law ◽  
Human Animal

Purpose – The purpose of writing this paper is to present a comparative but critical assessment of the applicability of the precautionary principle (PP) under the SPS Agreement, which is a part of the WTO regime by implication, and under the Cartagena Protocol, which has been made under the Convention on Biological Diversity. Design/methodology/approach – The paper presents an analytical exposition of both the sets of laws, trade law and environmental law. The methodology adopted is library based. The approach is to bring about an amicable co-existence of both the laws so that they could serve the dual purpose, i.e. promotion of trade and protection of “human, animal and plant life and health” and conservation of the environment. Findings – The DSB of the WTO should give due importance to the PP and should apply it liberally, keeping also in view the environmental aspects, so that along with free trade human, animal and plant health and life, and conservation of the environment are also protected. Practical implications – It will change the present paradigm and will bring both the sets of laws together. Originality/value – It focuses on the life and heath of poor people around the world. It, thus, pleads for application of strong PP.

scholarly journals AGRIBUSINESS DEVELOPMENT STRATEGY OF SOYBEAN COMMODITY IN SIGI REGENCY

2017 ◽  
Vol 3 (2) ◽  
Author(s):  
Eru Rengga Patra ◽  
Lien Damayanti ◽  
Yulianti Kalaba
Keyword(s):  
Human Resources ◽  
Development Strategy ◽  
Development Policy ◽  
Swot Analysis ◽  
Development Program ◽  
Alternative Strategy ◽  
Soybean Processing ◽  
The Government ◽  
The Right ◽  
Area Expansion

This research aimed to: 1) Knowing the strengths, weaknesses, opportunities and threats for agribusiness development of soybean commodity in Sigi Regency; 2) Knowing the right alternative strategy formula for the development of soybean commodity agribusiness in Sigi Regency; 3) Knowing the priority strategy that should be chosen for the agribusiness development of commodity soybean in Sigi Regency. This research purposively conducted in Sigi Regency from January to March 2017, and 6 respondents were chosen. SWOT analysis used to find alternative strategy, and QSPM analysis used to find priority strategy. The availability and productivity of the land is among the main strenghts, and the quality and quantity of human resources is among the main weaknesses.The main opportunity is the price of soybean commodity in the market, while imports of soybeans by the government is the main threats. The alternative and priority strategy that could be undertaken by the governmenr are : 1) Participatory motivation and farmers empowerment program; 2) Strengthening local soybean development policy that is pro-farmer; 3) Soybean cultivation development program through area expansion and land mapping; 4) Regional Agricultural Partnership; 5) Development of soybean processing industry.

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