Introduction to biodiversity

1
Introduction to biodiversity

• What is biodiversity?
• Distinguish between levels of biodiversity
• Development of biodiversity
• The concept of species
• What are the benefits of biodiversity?
• To humans
• To life on earth
• What is the status of biodiversity?
• What is the prospect for biodiversity?
• Which are the main threats against biodiversity?
• Land use eco systems
• Climate change
• Hunting and killing (including dependency on
  other species)
• Pollution
• Alien species (including GMOs?)

2
Normative issues

• State sovereignty
• Modified by common heritage, common
  inheritance, common interest, common
  concern, common property, the controversial
  issue of indigenous peoples
• Tragedy of the commons
• Cross border issues
• Threatened species
• The role of mixed NGOs IUCN
• The debate Conservation vs. sustainable use
• Which status should be conserved?
• From a static to a dynamic view on biodiversity
• Common property?
• The content and role of global declarations
  soft law!
• Rights based approach?
• Slow progress based on soft law instruments and
  obligations

3
Extending rules to biodiversity?

• Draft articles on prevention
• Do the general rules cover management of common
  resources? CBD art. 3
• Example hunting of wolves in Norway
• Precautionary principle
• Extend to management measures?
• The danger of collapse of ecosystems
• Prior informed consent
• GMOs, trade in endangered species, transfer of
  genetic resources
• Common but differentiated responsibilities (Rio
  princ. 7)
• Where is biodiversity located? Who benefit from
  maintenance of biodiversity?

4
Approaches to protection

• Biological resources vs. genetic resources
• Addressing individual threats
• Hunting and exploitation
• Area protection
• Land use in general
• Pollution
• Alien species, including GMOs?
• Addressing specific areas
• Terrestrial vs. marine
• Special areas (Antarctic, high seas, deep seabed,
  the Alps)
• In situ and ex situ protection
• Formal and informal arrangements
• The issue of endemic species, genes or
  ecosystems

5
The CBD

• CBD as lex generalis? Art. 22
• CBD as an umbrella or framework convention?
• as far as possible and as appropriate
• The quality of the commitments
• The relationship to existing treaties
• The scope of the CBD
• The objectives of CBD (art. 1)
• Striking a balance between developed and
  developing countries
• The importance of processes initiated under CBD

6
The rules of CBD I

• Lack of knowledge
• Art. 7, 12, 13, 14 - programs and cooperation
• Lack of national strategies
• Art. 6 - report obligation
• Need for conservation measures
• Art. 8, 9 - in situ / ex situ
• Art. 8 Habitats (a-f), alien species (g-h),
  overexploitation (i-k), other (l)
• Art. 9 Complementary, country of origin
• Sustainable use
• Art. 10, 11, 14 - local communities, lack of
  specificity

7
The rules of CBD II

• Making it profitable to conserve biodiversity
• Sharing of benefits
• Art. 15, 16, 17, 18, 19 - create incentives, hard
  law, balance of interests (access / benefit
  sharing)
• Distinction between wild and cultivated species
• Prior informed consent and mutually agreed
  terms
• The interaction between CBD and WTO
• Lack of funding
• Art. 20, 21 - link to obligations, new and
  additional resources, interpretative declaration
• The link to the Global Environment Falility and
  the Climate Change Regime

8
Other biodiversity conventions

• Bonn Convention (CMS) example of a mixed
  agreement
• Contains some obligations based on listing of
  species in Appendix I
• Is a framework agreement for protocols related to
  species listed in Appendix II
• Focus on conservation
• Protection of species at regional level
• Setting common objectives
• Importance of institutional structures
• Importance of specific obligations - appendices

9
Treaties focusing on threats

• Habitat threats
• Ramsar Convention, World Heritage Convention,
  some species specific conventions
• Regional conventions Bern Convention
• CITES
• Agreement on the use of trade measures to protect
  the environment
• To what extent is trade the problem?
• The broader importance of species listing in
  CITES
• Fishing
• Management cooperation
• Methods of fishing driftnets
• Alien species Ballast water and GMOs

10
IPR and biodiversity

• To what extent can genetic resources be an
  incentive for biodiversity protection?
• Art. 1 and 15 of CBD the issue of benefit
  sharing
• The International Treaty on Plant Genetic
  Resources for Food and Agriculture Gene banks
• Establishing exclusive property rights to genetic
  resources
• The issue of inventive step
• The issue of industrial applicability
• The problem of additional conditions for patents
• Development of multilateral patents

11
Climate change and biodiversity

• The sinks issue
• Forests as a sink, and forestry as part of the
  CDM essential incentives
• The biofuel issue
• Promoting biofuels Implication of flexibility
  mechanisms ETS and CDM
• Biodiversity challenges
• Expanding agriculture
• New agricultural practices?
• New challenges concerning varieties of species
• How are these challenges addressed at the
  international level?
• The weakness of the CBD focus on sovereignty