Midterm Biodiv: Legal And Institutional Issues

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Advocates of Convention on Biological Diversity

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1. Biodiversity is necessary for the continuation of evolution

2. Biodiversity is vital for the maintenance of the life-sustaining systems of the biosphere

3. Biological diversity is a common concern of humankind.

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Objectives of the Convention on Biological Diversity

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1. Conservation of Biodiversity

2. Sustainable use of its components

3. Fare and equitable sharing of benefits arising from the use of genetic resources

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Focus Points of Convention on Biological Diversity

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1. Site- specific measures

2. Species - related measures

3. Regulation process and activities affecting Biodiversity

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Implementation tools of the Convention

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1. Environmental Impact Assessment (EIA)

2. Incentives

3. Provisions on access to genetic resources and sharing of benefits

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The convention gives emphasis on

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Ecological

Genetic

Socioeconomic

Scientific

Education

Cultural

Recreation

Aesthetic

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Salient Points of the Convention

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1. Biological diversity conservation is a common concern of humanity

2. It is comprehensive touching in all levels of Biodiversity and all matter that makes up the diversity.

3. Biodiversity as such is addressed in a binding international treaty.

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Convention on Biological diversity is adopted in __________ in _______

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Nairobi, May 22, 1992

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Who signed the Convention on Biological Diversity

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157 states, European Community

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What are the regional conventions

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1. Convention on the Conservation of Nature in South Pacific (Apia-convention)

2. ASEAN agreement on the convention of Nature and Natural Resources (ASEAN Agreement)

3. Convention on the Protection of the Natural Resources and the Environment of the South Pacific region (SPREP Convention).

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What are the GLOBAL CONVENTIONS

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1. Ramsar Convention on Westlands of International Importance

2. Convention for the Protection of the World Cultural and Natural Heritage

3. Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES)

4. Convention on the Conservation of Migratory Species of Wild animal

5. UN Convention on the Law of the Sea

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It sets out requirements for nature park reserves

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Convention on Conservation of Nature in South Pacific

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Other term for Apia Conservation

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Convention on Conservation of Nature in South Pacific

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It encourages the creation of protected areas to safeguard representative samples of natural ecosystems

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Convention on the Conservation of Nature in the South Pacific

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Member states of Apia-Convention

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Australia

Cook Islands

Fiji

France

Samoa with Papua New Guinea

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Signed on 12 June 1976

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Apia-convention

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Other name of the ASEAN AGREEMENT

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ASEAN agreement on the Conservation of Nature and Natural Resources

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Member states of ASEAN AGREEMENT

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Brunei

Indonesia

Malaysia

Philippines

Singapore

Thailand

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It maintains an ecological process and a life support system

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ASEAN agreement

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Preserve genetics diversity

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ASEAN agreement

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Sustainable utilisation of harvested natural resources

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ASEAN agreement

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Prepare management plan for protected areas

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ASEAN agreement

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What are the objectives/tasks of ASEAN Agreement

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1. Maintain ecological processes and life support system

2. Preserve genetic diversity

3. Sustainable utilisation of harvested natural resources

4. Prepare management plan for protected areas

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MPSP

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What are the task/objectives of Apia-Convention

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1. Encourage the creation of protected areas to safeguard the representative samples of natural ecosystems

2. Sets out requirements for national parks reserves

3. Required to protect indigenous fauna and flora against unwise use.

Hint 23

ESP

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SPREP Convention other name

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Convention on the Protection of the Natural Resources and Environmentof South Pacific

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SPREP Objectives

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1. Maintain and restore Biodiversity and sustainable use of resources

2 Provides some guidelines and implementation tools, namely environmental impact assessment and incentives

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MG

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Maintain and restore Biodiversity and sustainable use of resources

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SPREP CONVENTION

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Guidance and implementation tools namely environmental impact assessment and incentives

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SPREP Convention

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What is Ramsar Convention on Wetlands of International Importance

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1. Role of wetlands as habitat of water birds

2. Committed parties should include wetlands into the list of wetlands of international importance

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Role of wetlands as habitat of water birds

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Ramsar Convention

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Committed parties should include wetlands into the list of wetlands of international importance

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Ramsar Convention

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It was signed on 1971

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Ramsar Convention

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States under Ramsar Convention

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India, Japan, Sri Lanka, Vietnam, Nuru

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What is the objective of Convention for the Protection of the World Cultural and Natural Heritage and when in us signed

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To safeguard the most prestigious natural and cultural areas of the world

1972

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CITES meaning

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Convention on International Trade in Endangered Species of the Wild Flora and Fauna

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Other name for CITES and when it was signed

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The Washington Convention

1973

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It distinguished between species in which trade is prohibited and those regulated species

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CITES

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It was signed on 1973 that deals with species that are periodically and cyclically moving across international borders.

What is its other name

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Convention on the Conservation of Migratory Species of Wild animals

Bonn Convention

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States under Bonn Convention

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India

Pakistan

Philippines

Sri Lanka

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For the preparation of agreement on the Conservation of African-Eurasian Migratory Waterbirds

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Bonn Convention

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Lists guidance as to which agreement species should become the subject of specific conservation or management agreement on the part of the range status

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Bonn Convention

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Objectives of Bonn Convention

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1. Lists guidance as to which agreement species should become the subject of specific conservation or management agreement on the part of the range status

2. For the preparation of agreement on the Conservation of African-Eurasian Migratory Waterbirds

3. Deals with species that are periodically and cyclically moving across international borders.

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What is UNCLOS

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UN Convention on the Law of the Sea

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It contains extensive obligations with regards to the conservation of marine living organisms

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UNCLOS

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Objectives of UNCLOS

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1. It contains extensive obligations with regards to the conservation of marine living organisms

2. Directed at protecting and preserving rare or fragile ecosystems or the habitat of depleted, threatened or endangered species and other forms of marine life.

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Directed at protecting and preserving rare or fragile ecosystems or the habitat of depleted, threatened or endangered species and other forms of marine life.

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UNCLOS

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It is a geographically defined area which is designated or regulated and managed to achieve specific conservation objectives

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Protected Area

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It recognizes that in situ conservation of ecosystems and natural habitats is a basic requirement to conserve Biodiversity

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Site Specific Conservation Measures: Protected Areas

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First protected area

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Yellowstone National Park in US in 1872

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Its objective is to ensure the integrity and perpetuity of terrestrial and marine areas

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Convention on Biological Diversity

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It ranges from the traditional strict prohibition of human activities to selective regulation on the use of protected area

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Convention on Biological Diversity

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In species-based measures, parties are required to:

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1. Promote both the maintenance of the viable population of species in natural surroundings and the recovery of threatened species.

2. Develop or maintain legislation for the protection of threatened species and populations.

3. Encourage sustainable use of harvested species

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Species Legislation of most countries are more focused on

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Hunting, fishing, forestry law

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T or F: Legislation specifically designed to conserve species except for endangered species is generally lacking

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T

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T or F: There are uniform rules for the regulation and management of terrestrial, fresh water and marine species

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F

No uniform rules

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What are the limited harmful activities that are prohibited

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Taking, possession, trade of species

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What are the quarry species

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Most mammals and birds, few reptiles and fish and aquatic invertebrates of commercial importance and forest trees

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What are the quarry species

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Most mammals and birds, few reptiles and fish and aquatic invertebrates of commercial importance and forest trees

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What is Harvestable species

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1. Sustainable use of species has been the subject of national and international regulations

2. National legislation should empower appropriate authorities to prohibit or restrict taking of any species.

3. National legislation should require management plans for all harvested species.

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Control imports and exports

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National Legislation of Harvestable Species

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T or F: Management plan shoul be based on factors such as optimun sustainable yield, and conservation of habitats

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T

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Critical instrument in integrating environmental concerns into decision about development

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Environmental Impact Assessment

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What are the process and Activities under the convention

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1. Activities outside protected areas and human interventions

2. Voluntary introduction of exotic species

3. Accidental introduction of exotic species

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ACCESS TO GENETIC RESOURCES AND SHARING OF BENEFITS

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1. Potential users gain to genetic resources in exchange for sharing of benefits derived from their use. 2. Government authorities to control access to genetic resources under its jurisdiction. 3. Requires parties to facilitate access to genetic resources to other contracting parties for environmentally sound uses. 4. Access to genetic resources is also subject to the prior informed consent (PIC) of the Party.

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ACCESS TO GENETIC RESOURCES AND SHARING OF BENEFITS

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1. Potential users gain to genetic resources in exchange for sharing of benefits derived from their use. 2. Government authorities to control access to genetic resources under its jurisdiction. 3. Requires parties to facilitate access to genetic resources to other contracting parties for environmentally sound uses. 4. Access to genetic resources is also subject to the prior informed consent (PIC) of the Party.

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The Convention’s listings of benefits which may be shared:

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1. Participation in scientific research. 2. Fair and equitable sharing of research and development results and commercial and other benefits derived from genetic resource use. 3. Access to and transfer of technology making use of genetic resources. 4. Participation in biotechnological research activities based on genetic resources. 5. Priority access to results and benefits arising from biotechnological use of genetic resources provided.

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Promote both the maintenance of the viable population of species in natural surroundings and the recovery of threatened species.

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Species-based measures

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Develop or maintain legislation for the protection of threatened species and populations.

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Species-based measures

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Encourage sustainable use of harvested species

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Species- based measures

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It sets out requirements for nature park reserves

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Convention on Conservation of Nature in South Pacific

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T or F: Regulation of commercial exploitation of important wild plants is developed.

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False: still underdeveloped

Front 71

Regulations and management plans dealing with harvestable species should focus on the following:

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1. Duration of open and closed seasons 2. Establishment of designated areas which are closed, temporarily or permanently, to hunting, fishing and collection 3. Limitation 4. Restriction 5. Prohibition of non selective methods of destruction 6. Regulation of all other methods of collection or destruction