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.

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.

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. 

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.

Climate change and protected area policy and planning in Canada

2005 ◽  
Vol 81 (5) ◽  
pp. 696-703 ◽  
Author(s):  
Daniel Scott ◽  
Christopher Lemieux
Keyword(s):  
Climate Change ◽  
Protected Areas ◽  
Biological Diversity ◽  
Convention On Biological Diversity ◽  
Ecological Communities ◽  
Key Words Climate Change ◽  
United Nations Convention ◽  
Policy And Planning ◽  
Potential Shifts

Protected areas are the most common and most important strategy for biodiversity conservation and are called for under the United Nations' Convention on Biological Diversity. However, most protected areas have been designed to represent (and in theory protect for perpetuity) specific natural features, species and ecological communities in-situ, and have not taken into account potential shifts in ecosystem distribution and composition that could be induced by global climatic change. This paper provides an overview of the policy and planning implications of climate change for protected areas in Canada, summarizes a portfolio of climate change adaptation options that have been discussed in the conservation literature and by conservation professionals and provides a perspective on what is needed for the conservation community in Canada to move forward on responding to the threat posed by climate change. Key words: climate change, protected areas, parks, conservation, system planning, impacts, adaptation

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 Global taxonomy initiative: Building capacity in taxonomy to underpin the conservation of biological diversity

2006 ◽  
Vol 27 (1) ◽  
pp. 16
Author(s):  
Junko Shimura ◽  
Kaduo Hiraki
Keyword(s):  
Decision Making ◽  
United Nations ◽  
Genetic Resources ◽  
Biological Diversity ◽  
Sustainable Use ◽  
Convention On Biological Diversity ◽  
Building Capacity ◽  
The World ◽  
Equitable Sharing ◽  
United Nations Convention

The Global Taxonomy Initiative (GTI) is across cutting issue of the United Nations Convention on Biological Diversity (CBD) to address the lack of taxonomic information and expertise available in many parts of the world, and thereby to improve decision making in conservation, sustainable use and equitable sharing of the benefits derived from genetic resources.

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