Transcript Biodiv
Introduction to biodiversity What is ”biodiversity”? What are the benefits of biodiversity? Distinguish between levels of biodiversity Development of biodiversity The concept of species 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?) Ole Kr. Fauchald 07.04.2016 1 Normative issues State sovereignty Cross border issues Threatened species The role of ”mixed” NGOs – IUCN The debate: Conservation vs. sustainable use Modified by ”common heritage”, ”common inheritance”, ”common interest”, ”common concern”, ”common property”, the controversial issue of indigenous peoples Tragedy of the commons 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 Ole Kr. Fauchald 07.04.2016 2 Extending rules to biodiversity? Draft articles on prevention Precautionary principle Extend to management measures? The danger of collapse of ecosystems Prior informed consent Do the general rules cover management of common resources? CBD art. 3 Example: hunting of wolves in Norway 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? Ole Kr. Fauchald 07.04.2016 3 Approaches to protection Biological resources vs. genetic resources Addressing individual threats Addressing specific areas Hunting and exploitation Area protection Land use in general Pollution Alien species, including GMOs? 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 Ole Kr. Fauchald 07.04.2016 4 The CBD CBD as lex generalis? Art. 22 CBD as an ”umbrella” or ”framework” convention? The scope of the CBD The objectives of CBD (art. 1) ”as far as possible and as appropriate” The quality of the commitments The relationship to existing treaties Striking a balance between developed and developing countries The importance of processes initiated under CBD Ole Kr. Fauchald 07.04.2016 5 The rules of CBD I Lack of knowledge Lack of national strategies Art. 7, 12, 13, 14 - programs and cooperation 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 Ole Kr. Fauchald 07.04.2016 6 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 Ole Kr. Fauchald 07.04.2016 7 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 Ole Kr. Fauchald 07.04.2016 8 Treaties focusing on threats Habitat threats 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 Ramsar Convention, World Heritage Convention, some species specific conventions Regional conventions – Bern Convention Management cooperation Methods of fishing – driftnets Alien species – Ballast water and GMOs Ole Kr. Fauchald 07.04.2016 9 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 Ole Kr. Fauchald 07.04.2016 10 Climate change and biodiversity The ”sinks” issue The biofuel issue Forests as a sink, and forestry as part of the CDM – essential incentives 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 Ole Kr. Fauchald 07.04.2016 11