Pros and Cons the Convention of Biological Diversity

Introduction

The protection of wildlife was one of the first f irst concern of international environment regulation. Although the focus of this regulation has changed significantly over time, from primarily economic consideration to conservation, this body of norms tackling issues as diverse as the exploitation of seals,1  whaling, 2  trade in endangered species, 3  or more recently, the transboundary movement of genetically modified organism. 4 The proliferation of international instruments for the protection of animal and plant life 5 makes any attempts to capture the major axes of this area of regulation a challenging exercise. In the early 1980s, the UN general Assembly tried to provide an umbrella for this diverse array of instruments with the adoption of a ‘World Charter for Nature’.6 This instrument was not not binding and and its strong conservation conservation focus proved to be an obstacle rather than an advantage in reaching the initial goal. Other attempts with the same purpose were made in the course of the 1980s. The initiative taken by UNEP in 1987 to explore the feasibility of adopting a framework convention in the area deserves particular attention.7 In November 1988 the task was entrusted to an Expert Panel on Biological Diversity, which in February 1991 became the Intergovernmental Negotiating Committee leading to the adoption of the Convention Biological Diversity opened for the signature at the Rio Summit in June 1992. The CBD was signed by nearly 160 countries, and it come into force in 1993 8 where in CBD there are three focused on CBD namely (i) genetic diversity within species, (ii) species diversity, and (iii) diversity of eco systems.9 The Convention on Biological Diversity

Article 2 of CBD defines biodiversity as: The variability among living organism from all sources including inter alia, terrestrial, marine and other aquatic ecosystem and the ecological complexes of which they are parts: this includes diversity within species, between species and of ecosystem. There are three points from this definition which biodiversity have to be preserved (i) species diversity, (ii) genetic diversity within species (iii) diversity ecosystem. The interconnection among these three categories of biodiversity requires the protection of the species and habitats that make this diversity possible. Therefore, the role of CBD is important as a hub that gives a common basis for many (global, regional, bilateral) instrument for the protection of species and spaces.10

1

  Convention between the United States, Great Britain, Japan and Rusia Providing for the Preservation and Protection of the fur Seals, 7 July 1911, 37 Stat. 1542, TS 564 2  Convention for the Regulation of Whaling, 24 September 1931 3  Cartagena Protocol on Biosafety to the convention on Biological Diversity, 29 January 2000. 4  Convention on Wetlands of International Importance especially as waterfowl Habitat, 2 February 1971 5 See Generally M. Bowman, P. Davies and C. Redgwell, Lyster’s International Wi ldlife Law (Cambridge University Press, 2nd edn, 2010) 6  World Charter for Nature, 28 October 1982, UN Doc. A/Res/37/7 How. W. Wood, ‘The United Nations World Charter for Nature: The Developing Nations ‘Initiative to Establish Protection for the Environment’ (1984/1985) 7  9 8  Global Action for Biodiversity, Timothy Swanson 9  The UN Convention Biological Diversity: Elizabeth Dual, ‘ A Liability and Redress Regime for Genetically Modified Organism under the Cartagena Protocol’, (2004) 36 Gorge Washington International Law Review 173 173-2002 10  170

Path to Effectiveness CBD

The United Nations Conference on Environment and Development (UNCED), held in Rio Janeiro as the world's most comprehensive organized response to international environmental degradation. From this conference, the studies at Harvard reveal four types of national  policy; some countries simply avoid international obligations by failing to sign treaty commitments. Others accept commitments but fail to live up to them. A third group accepts commitments and achieves compliance. Finally, a fourth group surpasses the explicitly required obligations. According this results, the Harvard research team formulated tentative general propositions and specific lessons for leaders and designers of international institutions who wish to use international organizations and regulations to improve the quality of the natural and human environment. The case studies reveal three distinctive functions of international environmental institutions: to promote concern among governments; to enhance the contractual environment by providing negotiating forums and creating wa ys to disseminate information; and to build national political and administrative capacity. 11 A.

Building National Capacity

Finally, it is necessary to appreciate the importance of building political and administrative capacity within both the state and civil society. When they are effective, international environmental institutions are not merely rule-making bodies. They are also vehicles for transferring skills and expertise and for empowering domestic actors to solve domestic  problems of international importance. Institutions should foster capacity building by providing policy-relevant information that can  be used by government allies to develop better programs and to justify their actions to domestic opponents. The information also can be used by private organizations, such as NGOs, to  pressure governments to adopt improved regulatory practices. That capacity building is often a necessary condition for effectiveness is another reason for environmental institutions to begin  by establishing norms and principles and move toward establishing rules. Often the initial norms and principles, even though they fail to alter state behaviour directly through binding rules, set in motion a process that builds domestic capacity in member governments. When conditions become right for binding rules, the capacity is in place to implement them effectively. In the acid rain regime, the governments of Eastern Europe emerged from the Cold War with more sophisticated air pollution policy infrastructures than they would have had if they had not participated in international environmental institutions. This is a striking effect, given the antipathy of the communist regimes to environmental protection. B.

Enhance the contractual environment

Enhancing the contractual environment is most relevant for international commons problems, where regulatory rules specifying mutual restraints are the dominant focus of bargaining. But, surprisingly, actions that are meant to improve the contractual environment are also relevant for national environmental problems, where mutual restraints are not an issue. The prior informed consent rules associated with pesticide trade, for example, are not intended to solve a commons problem but to assist national responses to the problem in developing countries. The rules provide points of accountability within national governments that may enable concerned groups within society and within governments of pesticide-importing countries to 11

  http://www.ciesin.org/docs/003-001/003-001.html

make exact commitments, to pressure for more effective controls on pesticide availability and use, to monitor compliance, and to apply strategies of reciprocity. In general, institutional activities that enhance the contractual environment can facilitate the negotiation of norms and  principles governing national problems, as well as those operating at an international level for commons problems. Regulations do more than regulate--they help generate political concern, they set normative standards, they communicate intensity of preferences, and they legitimize financial transfers that might otherwise be termed bribes or even blackmail. This dual role of regulatory rules explains why so many international institutional responses to environmental problems have  been regulatory in nature. With the exception of population, regulatory standards were set (though not always formally enshrined in international law) in each of the case studies investigated by the researchers, even when it was clearly impossible or unrealistic for many states to apply them. C.

Increase government concern

There is an ongoing debate about the appropriate rol e of government for solving environmental  problems, with many environmentalists calling for increased government intervention and many people more predisposed to individual responsibility calling for less. One of the biggest  problem environmentalist ask to finish is about the lower standard of education in developing countries which have difficult access to obtain information about the environmental effected to sustainable environment. 12 In addition, people with more education tend not only to be more concerned about the environment, but also to engage in actions that promote and support political decisions that  protect the environment.13  By increasing awareness and concern, education can encourage  people to reduce their impact on the environment through more efficient use of energy and water supplies, especially in areas of resource scarcity14 However, the way we plan today for public education on the environment will have dramatic effects on the future quality of life. Effective and meaningful environmental education is a challenge we must take seriously if we and future generations are to enjoy the benefits of our natural heritage, in some countries especially in developing countries to achieve good information is tough and more difficult than in developed countries. One of the example education is useful for sustainable development that has been implemented in Myanmar. The name of project is ‘Rainwater harvesting’ in schools in Myanmar. Prior to the projects, the school rarely used rainwater for drinking, instead transporting water fr om long distances. Now the rainwater is collected in tanks from corrugated galvanized roofs of the school buildings. The system requires maintenance, cleaning and repair, completed collaboratively by the students, parents and local NGO’s. The system provides children the opportunity to participate equally with adult stakeholders. 15

12

  http://grist.org/article/the-role-of-government-in-environmental-protection/  https://gemreportunesco.wordpress.com/2015/12/08/education-increases-awareness-and-concern-for-theenvironment/ 14  http://www.unep.or.jp/ietc/publications/urban/urbanenv-2/9.asp 15  https://www.unicef.org/publications/files/CFS_Climate_E_web.pdf 13

Why convention Biological Diversity is international issue

The Convention on Biological Diversity (CBD) is a globally accepted fundamental document for the protection of biological diversity, establishing the conservation of biological diversity as an underlying international principle in the field of nature protection and joint obligation of mankind. The CBD takes a comprehensive rather than a sectoral approach to the conservation and sustainable use of biodiversity. The first Protocol to the Convention was adopted on 29 January 2000: the Cartagena Protocol on Biosafety. As of 1 December 2000 the Protocol had 80 signatories and two ratifications; it will enter into force 90 days after the 50th ratification. It deals with potential risks to human health and the environment posed by the introduction of living modified organisms (LMOs), including genetically modified organisms (GMOs). It establishes a procedure for ensuring that adequate information is available to allow countries to make informed decisions before LMOs are imported. It is based on the Precautionary Principle16 Strategic Plan of CBD is to promote international cooperation in support of the Convention. Reasonable progress is being made towards this end (Table 3.1). The Convention is playing a major role in setting the agenda among biodiversity-related conventions (Box 3.4) and organizations, in part due to the clear importance and widespread appeal of the 2010 target. The target has been endorsed by the World Summit on Sustainable Development and adopted or acknowledged by the Ramsar Convention on Wetlands, the Convention on the Conservation of Migratory Species of Wild Animals (CMS), the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) and by a number of non-governmental organizations. In addition, the framework for monitoring progress towards the 2010 target has been adapted for use by the European region. Many in the scientific community have taken up the challenge of further developing the framework, and a number of initiatives are underway in support of regional and national application of the framework. By inviting other international instruments and processes to integrate biodiversity considerations into their work, the Conference of the Parties has made progress in promoting policy coherence at the global level. The International Plant Protection Convention, for example, has developed phytosanitary standards that cover some of the Convention on Biological Diversity ’s

concerns on

invasive alien

species. Similarly, the International Treaty on Plant Genetic Resources for Food and Agriculture has been developed in harmony with the Convention. Policy coherence is also promoted through joint work programmes, as evidenced by the adoption of common guidance on impact assessment by the Convention and the Ramsar Convention on Wetlands.

17

Conclusion

16 17

Convention on Biological Diversity, 1992, and Cartagena Protocol

  https://www.greenfacts.org/en/global-biodiversity-outlook/l-3/9-convention-biological-diversity.htm#2p0