Journal articles on the topic 'Aquatic biological diversity conservation – Law and legislation'
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1
Elder, P. S. "Biological Diversity and Alberta Law." Alberta Law Review 34, no. 2 (February 1, 1996): 293. http://dx.doi.org/10.29173/alr1084.
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Biological diversity refers to the rich variety of all life forms presently on Earth. It is important to preserve and maximize biological diversity, because of its intrinsic value and its value to human survival and wellbeing. In order to do so, the author argues, a broad ecosystem management approach to species conservation is necessary. Numerous Alberta statutes are examined comprehensively to determine their effects and potential effects on biological diversity. The ecosystem management approach to species conservation is not prominent in Alberta law. Outside of National Park land, very little of Alberta's area offers protection for biological diversity. While the administration of some Acts (such as the EPEA and the Natural Resources Conservation Act) shows promise, a lack of specific duties permits decisions adverse to biological diversity. Changes to Alberta's planning legislation may be beneficial, through the regulation of development on private land. Because of the prime importance given to economic development in various Alberta statutes, the possibility exists for significant adverse impacts to biological diversity. The author recommends a number of legal reforms. These include the addition of explicit purpose sections in relevant legislation, the imposition of a positive duty on decision-makers to consider sustainability and biological diversity, and the creation of incentive programs to encourage private property owners to set aside habitat areas.
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Kuljanishvili, Tatia, Levan Mumladze, Bella Japoshvili, Namig Mustafayev, Shaig Ibrahimov, Jiří Patoka, Samvel Pipoyan, and Lukáš Kalous. "The first unified inventory of non-native fishes of the South Caucasian countries, Armenia, Azerbaijan, and Georgia." Knowledge & Management of Aquatic Ecosystems, no. 422 (2021): 32. http://dx.doi.org/10.1051/kmae/2021028.
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The South Caucasus (SC) region is recognized for its high biological diversity and various endemic animal taxa. The area has experienced many fish introductions over the years, but the overall information about non-native fishes in the three SC countries, Armenia, Azerbaijan, and Georgia did not exist. Although these three countries belong to the Kura River drainage, Caspian Sea basin (only the western half of Georgia drains into the Black Sea), the legislative framework for each country regarding introduction of non-native fish species and their treatment is different and poorly developed. The goal of the present study was to make an initial inventory of non-native fish species in the three SC countries, and summarize the existing knowledge as a basis for future risk assessment models and formulation of regional management policies. Here, we present a unified list of 27 non-native species recorded in the wild in Armenia, Azerbaijan, and Georgia. Among these 27 species, eight were translocated from the Black Sea basin to the Caspian Sea basin. Out of these 27 non-native fishes, 15 species have become established (three of them being considered invasive) and six fish species could not survive in the wild.
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Bosselmann, Klaus, and Prue Taylor. "The New Zealand law and conservation." Pacific Conservation Biology 2, no. 1 (1995): 113. http://dx.doi.org/10.1071/pc950113.
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New Zealand, like many countries concerned with conservation issues, is reforming its legislation to provide more comprehensive protection of biological diversity and individual species. The basic aim is simple: if you want to protect animals and plants you have to protect their habitat. The problem is, of course, that humans share the very same habitat. How then can the right balance between use and protection be found? Of the principal Acts guiding the protection and preservation of land, animals and plants (such as the 1953 Wildlife Act or the 1987 Conservation Act) the 1991 Resource Management Act (RMA) marks an important turning-point. It aims to integrate development and conservation. The RMA promotes sustainable management of natural and physical resources. Any destruction of, damage to, or disturbance of, the habitats of plants and animals on land, in coastal marine areas and in lakes and rivers is seen as unsustainable, thus to be avoided.The use of the concept of sustainability is a first in national legislation and makes the RMA a leader around the world. However, its successful enforcement is ultimately a matter of changed attitudes. Here the law can only give some guidance.
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LEE, SANG DON. "STRATEGIC ENVIRONMENT ASSESSMENT AND BIOLOGICAL DIVERSITY CONSERVATION IN THE KOREAN HIGH-SPEED RAILWAY PROJECT." Journal of Environmental Assessment Policy and Management 07, no. 02 (June 2005): 287–98. http://dx.doi.org/10.1142/s1464333205002018.
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Biological diversity (biodiversity) is an essential issue in conservation and environmental impact assessment (EIA). Though Korea is relatively small, the country harbours over 29,800 species, making biodiversity and ecosystem conservation a central issue when an EIA is undertaken during development site selection. Indeed, an unfavourable biodiversity evaluation can halt a proposed or in-progress development, creating a societal conflict between conservationists and developers. To solve this, the Strategic Environment Assessment (SEA) legislation was created in Korea to provide a systematic instrument for improving decision-making through early-stage environmental assessment. The SEA legislation was recently passed by the President's cabinet and is poised for implementation during 2005. Adoption of the SEA will facilitate better assessments of biodiversity during the early stages of the developmental process, preventing late-stage interruptions such as those seen in the Korean High-speed Railway Project (KHRP), which was recently halted due to poor biodiversity conservation around the development site. The original EIA of the KHRP did not appropriately address the biodiversity issues because most of the developmental plan had been set in place prior to evaluation of biodiversity in the affected areas. The KHRP caused leakage of mountain groundwater such that high elevation wetlands marked as ecosystem conservation areas by the Ministry of Environment became dry and lost their endemic amphibian species. Upon learning this, several national NGOs filed court cases on behalf of the Korean clawed salamander (Onachodaytylus fisheri), halting the project for some time. Thus, the lack of biodiversity consideration at the earliest stages of the KHRP created a social conflict. This paper examines how the implementation of an SEA during the KHRP would have minimised the social conflicts between biodiversity conservation and developmental processes.
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Malysheva, Nataliia, and Olena Kovtun. "Nature protection law of Ukraine in the context of globalization challenges." Law Review of Kyiv University of Law, no. 1 (May 5, 2021): 234–39. http://dx.doi.org/10.36695/2219-5521.1.2021.45.
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law of Ukraine in the context of globalization challenges. Attention is focused on both the opportunities and the constraints associatedwith globalization, in its impact on the development trends of nature protection law in Ukraine. This branch of Ukrainian law asa whole is formed, both in the general norms of ecological law, as well as in the land, water, subsoil, forest, floristic legislation, andalso in the territorial planning legislation. At the same time, new globalization challenges related to the need to address nature conservationand biodiversity protection are prompting an increasingly active shift in the legal regulation of relevant relations from the localand national to the international level. And nature protection legislation in its development must take into account appropriate approa -ches. The general structural and systemic factors of the Ukrainian national legislation cannot be neglected. The article analyzes Ukraine's participation in international cooperation in the field of nature protection and biodiversity conservation. Important factors that motivateUkraine’s environmental law to further development are related to Ukraine’s European integration. One of the main aspects ofUkraine's implementation of the Association Agreement is the approximation of Ukrainian legislation to EU law. Moreover, "natureprotection, in particular biological and landscape diversity (eco-networks) conservation and protection" stands out among the principalareas of environmental cooperation between Ukraine and the EU. International and European environmental requirements cannot beimplemented mechanically, but thoughtfully, comprehensively analyzing the possible consequences for the law-making and lawenforcementsphere of Ukraine. It is from such positions that the article critically evaluates the Draft Law of Ukraine "On the Territoriesof the Emerald Network" in order to fulfill the Ukrainian obligations under the Association Agreement.
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Schroeder, Doris, and Thomas Pogge. "Justice and the Convention on Biological Diversity." Ethics & International Affairs 23, no. 3 (2009): 267–80. http://dx.doi.org/10.1111/j.1747-7093.2009.00217.x.
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Justice and the Convention on Biological DiversityDoris Schroeder and Thomas PoggeBenefit sharing as envisaged by the 1992 Convention on Biological Diversity (CBD) is a relatively new idea in international law. Within the context of non-human biological resources, it aims to guarantee the conservation of biodiversity and its sustainable use by ensuring that its custodians are adequately rewarded for its preservation.Prior to the adoption of the CBD, access to biological resources was frequently regarded as a free-for-all. Bioprospectors were able to take resources out of their natural habitat and develop commercial products without sharing benefits with states or local communities. This paper asks how CBD-style benefit-sharing fits into debates of justice. It is argued that the CBD is an example of a set of social rules designed to increase social utility. It is also argued that a common heritage of humankind principle with inbuilt benefit-sharing mechanisms would be preferable to assigning bureaucratic property rights to non-human biological resources. However, as long as the international economic order is characterized by serious distributive injustices, as reflected in the enormous poverty-related death toll in developing countries, any morally acceptable means toward redressing the balance in favor of the disadvantaged has to be welcomed. By legislating for a system of justice-in-exchange covering nonhuman biological resources in preference to a free-for-all situation, the CBD provides a small step forward in redressing the distributive justice balance. It therefore presents just legislation sensitive to the international relations context in the 21st century.
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Elias-Roberts, Alicia. "Balancing Environmental Protection and Offshore Petroleum Developments in Guyana." Global Energy Law and Sustainability 1, no. 1 (February 2020): 1–27. http://dx.doi.org/10.3366/gels.2020.0004.
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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.
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Kopytsia, Yevheniia Mykolaivna, and Ельбіс Євгенівна Туліна. "Legal Regulation of Invasive Alien Species with Regards to Climate Change in Ukraine." Problems of Legality, no. 155 (December 20, 2021): 110–23. http://dx.doi.org/10.21564/2414-990x.155.243496.
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The present paper is devoted to the problems of legal regulation of protecting biological diversity from the harmful effects of invasive alien species (hereinafter, IAS) with regards to climate change. Taking into consideration the fact that one of the main principles of environmental protection is the preservation of spatial and species diversity, legal understanding of the interconnectedness between climate change and harmful biological influences, is of great scientific and practical significance. Notably, the protection of the environment from the adverse effects of IAS and climate change is interconnected with the conservation and sustainable use of biological resources, as stated by the provisions of the Convention on Biological Diversity (Rio de Janeiro, 1992) and its protocols and decisions. Thus, one should acknowledge that climate change and invasive alien species are not only two of the key threats to biodiversity, but are directly interrelated and can act synergistically, presenting additional pressure for conservation and sustainability. Meanwhile, current legal regulation of both, climate change and IAS is relatively new to Ukrainian legislation, mostly done by means of international legal instruments. The existing national legal acts are generally of a strategic nature and address these issues separately with few legal provisions mentioning their interconnection. The paper substantiates the need to acknowledge and legally define the interrelation between climate change and invasive alien species. Thus, the development of appropriate regulatory framework for prevention and control of IAS should be carried out with consideration of climate change issues. In turn, national environmental legislation, in particular national framework law ‘On Environmental Protection’ as well climate change policy and laws should be complemented by provisions incorporating IAS management as a tool for reducing pressure on ecological services and enhancing ecosystem resilience.
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EVANS, DOUGLAS, ANDRÁS DEMETER, PETER GAJDOŠ, and ĽUBOŠ HALADA. "Adapting environmental conservation legislation for an enlarged European Union: experience from the Habitats Directive." Environmental Conservation 40, no. 2 (March 1, 2013): 97–107. http://dx.doi.org/10.1017/s0376892912000422.
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SUMMARYThe European Union's (EU's) Habitats Directive includes annexes listing the habitats and species requiring protection. As new countries join the EU these lists need to be amended to remain pertinent. In 2004 and 2007, 12 countries, mostly in central Europe, joined the EU and were asked to propose native species or habitats that required protection; this formed an initial base for negotiations with the European Commission in consultation with the existing member states and with scientific support from the European Topic Centre on Biological Diversity. The 12 countries made 831 proposals, resulting in the addition of 191 species and 33 habitats, and geographical exemptions for eight species. Although the Directive provided definitions, these needed to be supplemented with additional criteria to permit assessments of the proposals. The process involved many actors at both European and national level. This illustrates the development of biodiversity governance and provides potential lessons for future activities, including the need for scientific guidance and the importance of involving all relevant actors.
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TREWEEK, JO, RIKI THERIVEL, STEWART THOMPSON, and MARTIN SLATER. "PRINCIPLES FOR THE USE OF STRATEGIC ENVIRONMENTAL ASSESSMENT AS A TOOL FOR PROMOTING THE CONSERVATION AND SUSTAINABLE USE OF BIODIVERSITY." Journal of Environmental Assessment Policy and Management 07, no. 02 (June 2005): 173–99. http://dx.doi.org/10.1142/s1464333205002043.
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Strategic environmental assessment (SEA) has been identified as an important tool for helping to ensure that development is planned and implemented for the benefit of biodiversity by the Convention on Biological Diversity, the Ramsar Convention and the Convention for Migratory Species. SEA is seen as a way to overcome many limitations of project-level environmental impact assessment by allowing consideration of biodiversity at higher tiers of decision-making and planning. This paper identifies some important principles that should be taken into account to ensure that biodiversity considerations are appropriately addressed in SEA, so that the conservation and sustainable use of biodiversity are pursued as fundamental objectives of strategic decision-making. The paper also sets out key considerations to take into account at different stages in the SEA process. The principles explored in this paper should be applicable in any country where SEA is practiced, even though legislation, methodologies and procedures vary widely.
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Arjjumend, H. "RECOGNITION OF INDIGENOUS PEOPLES IN ACCESS AND BENEFIT SHARING (ABS) LEGISLATION AND POLICIES OF THE PARTIES TO THE NAGOYA PROTOCOL." BRICS Law Journal 5, no. 3 (October 13, 2018): 86–113. http://dx.doi.org/10.21684/2412-2343-2018-5-3-86-113.
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The Nagoya Protocol on Access and Benefit Sharing (ABS) provides for the rights of indigenous peoples and local communities (ILCs) in accordance with the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP). States Parties are obliged to take legislative, administrative and technical measures to recognize, respect and support/ensure the prior informed consent of indigenous communities and their effective involvement in preparing mutually agreed terms before accessing genetic resources and associated traditional knowledge or utilizing them. Within the ambit of contemporary debates encompassing indigenous peoples’ right to self-determination, this paper examines the effectiveness of the percolation of the legal intent of international law into existing or evolving domestic laws, policies or administrative measures of the Parties on access and benefit sharing. Through an opinion survey of indigenous organizations and the competent national authorities of the Parties to the Convention on Biological Diversity (CBD), the findings indicate that the space, recognition and respect created in existing or evolving domestic ABS measures for the rights of indigenous communities are too inadequate to effectively implement the statutory provisions related to prior informed consent, mutually agreed terms and indigenous peoples’ free access to biological resources as envisaged in the Nagoya Protocol. As these bio-cultural rights of indigenous peoples are key to the conservation and sustainable use of biodiversity, the domestic ABS laws need reorientation to be sufficiently effective in translating the spirit of international ABS law and policies.
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Bhattacharjya, B. K., B. J. Saud, S. Borah, P. K. Saikia, and B. K. Das. "Status of biodiversity and limno-chemistry of Deepor Beel, a Ramsar site of international importance: Conservation needs and the way forward." Aquatic Ecosystem Health & Management 24, no. 4 (October 1, 2021): 64–74. http://dx.doi.org/10.14321/aehm.024.04.09.
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Abstract Deepor Beel is a prominent floodplain wetland and a Ramsar site of northeastern (NE) India (Ramsar site no. 1207) covering a 40.14 km2 area and connected to River Brahmaputra. It provides numerous economic (e.g., livelihood and nutritional security) and ecological benefits (e.g. moderation of floods, groundwater recharge, repository of biodiversity) to the locality and its people. Deepor Beel was declared a Wildlife Sanctuary in 1989 and the area covered by the perennial water spread (10.1 km2) was subsequently designated as a Bird Sanctuary by the Government of Assam in 2009. The present paper provides an overview of the rich floral and faunal diversity of the wetland, including aquatic macrophytes (58 species), diatoms (65), zooplankton (171), bryozoans (5), molluscs (15), aquatic insects (55), prawns (3), crabs (2), finfish (68), amphibians (11), reptiles (33), birds (234) and mammals (24), in addition to the beel's limno-chemistry as well its conservation threats and suggested strategies. The wetland supports 18 globally threatened vertebrate species. Eleven bird species occurring in the wetland (Aythya baeri, A. nyroca, Leptoptilos dubius, L. javanicus, Ephippiorhynchus asiaticus, Gyps bengalensis, G. tenuirostris, Haliaeetus leucogaster, Pelecanus philippensis, Sarcogyps calvus, Threskiornis melanocephalus) have been included in the IUCN Red List of Threatened Species. Finfishes reported from the wetland declined from 67 species in 1999 to 64 between 2016 and 2018, which is a matter of concern. According to available information on limno-chemistry, the waters of the wetland have remained within the favorable range of water quality for fish production. Major threats faced by the wetland (e.g. pollution, encroachment, natural processes, etc.) and possible conservation strategies (e.g. control of aquatic pollution, prevention/ control of siltation, enacting and enforcing appropriate legislation, and other strategies) are outlined.
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VLASOVA, Elena L., and Olga V. USTYANTSEVA. "Impact of digitalization on the conservation of valuable species of animals." Current Issues of the State and Law, no. 1 (2022): 19–26. http://dx.doi.org/10.20310/2587-9340-2022-6-1-19-26.
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The relevance of the research topic is due to the intensification of the process of introducing digital technol-ogies into the life of society. The digital transformation of the ecological sphere affects the state of environment and exacerbates the issues of protecting human environment and preserving biological diversity. The choice of topics is explained by the fact that individual representatives of the wild fauna are economically valuable re-sources of conditionally free nature, this attracts criminal communities to the development of the digital envi-ronment and the development of illegal trading networks. The methodology of study, along with general scientific methods, includes specific scientific ones: with the help of the statistical method, quantitative indicators are added to the legal analysis of encroachments on wild animals using the Internet; the culturological method made it possible to identify the influence of the information environment on law-making activities that prevent cybercrime. In the course of studying the topic, special attention was paid to the trade in valuable wild animals in the digital environment and it was found that the trade in wild animals poses a threat to national security, leads to the loss of biodiversity, increases corruption, improves cybercrime technologies, and contributes to the commission of other anti-social acts and deterioration of public health. The formulated proposals for improving the national legislation in terms of the circulation of valuable wild animals are aimed at preserving biodiversity.
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Nugraha, Adrian. "Legal Analysis of Current Indonesia's Marine Protected Areas Development." Sriwijaya Law Review 5, no. 1 (January 31, 2021): 14. http://dx.doi.org/10.28946/slrev.vol5.iss1.851.pp14-28.
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This paper aims to conduct a legal analysis of the development of Marine Protected Areas (MPAs) in Indonesia. This article discusses the international legal framework and national legislation related to MPAs, progress and control, and problems in developing MPAs in Indonesia and its solutions. The international legal frameworks discussed include the United Nations Convention on the Law of the Sea 1982, the Convention on Biological Diversity 1992, and Code of Conduct for Responsible Fisheries 1995. Subsequently, the Indonesian legislation analyzed includes the Act on Conservation of Living Resources and their Ecosystems, the Act concerning Fisheries, the Act concerning the Management of Coastal Areas and Small Islands, and the Act on Marine Affairs. The progress and control of the establishment of MPAs in Indonesia have now reached the target area of more than twenty million hectares. Apart from the success of these achievements, Indonesia also has problems in developing MPAs. Current problems related to MPA development include dualism of permits, conflicts over zoning and regional spatial planning, multiple interpretations of penal sanctions, and overlapping management authorities between government agencies. The solutions offered to solve these problems include synchronizing marine tourism permits, integrating zoning and spatial plans into one regional government regulation, imposing the most severe criminal sanctions for perpetrators of destroying marine ecosystems, and transfer of full authority over the management of seven marine protected areas to the Ministry of Marine Affairs and Fisheries.
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Garcia, S. M., J. Rice, and A. Charles. "Bridging fisheries management and biodiversity conservation norms: potential and challenges of balancing harvest in ecosystem-based frameworks." ICES Journal of Marine Science 73, no. 6 (December 14, 2015): 1659–67. http://dx.doi.org/10.1093/icesjms/fsv230.
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Abstract Balanced harvesting has been proposed as a way for fisheries management to achieve the requirements of both the Law of the Sea Convention (LOSC)—to maintain stocks at the level at which they could produce MSY—and the Convention on Biological Diversity (CBD)—to maintain ecosystem structure and functioning. This paper examines these requirements and briefly presents four system-level relationships (spectra), representing ecosystem structures that might guide management decision-making aiming to meet both requirements. These spectra would fit in the widely accepted frameworks of the Ecosystem Approach enshrined in the CBD and adopted by FAO for Fisheries. A size spectrum, relating biomass to body length, is used as an example to illustrate its potential to support management decision-making—much like present stock-based harvest control rules—in more ecosystem-compliant fishing strategies at a sector or ecosystem level, as a complement to those currently used at a stock/population level.
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Liu, Fang, and Jianbo Lu. "Ecological engineering approaches to restoring the aquatic biological community of an urban pond ecosystem and its effects on water quality ‑ a case study of the urban Xixi National Wetland Park in China." Knowledge & Management of Aquatic Ecosystems, no. 422 (2021): 24. http://dx.doi.org/10.1051/kmae/2021024.
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There is a global increase in urbanization, which contributes to the loss and fragmentation of urban wetland and pond habitats. Urban ponds have an important role in the ecology of urban areas, as they provide essential habitats for aquatic species. The objective of this study is to demonstrate ecological engineering approaches to restoring aquatic biological communities in an urban pond ecosystem, which can be used to achieve water purification of such ecosystems globally. The general approach of first cleaning out the ponds and then systematically applying different treatments of plants and fish was designed and implemented in the field. We used three replicated ponds per engineering treatment to determine which of the treatments was the best option based on an assessment of water quality and biological indicators. The main findings of this study were as follows: a combination of aquatic animals and aquatic plants can provide the best water purification performance; furthermore, macrobenthos, such as Bellamya purificata, can be used as biological indicator species for monitoring dominant species and water quality in a local urban pond ecosystem. In conclusion, maintaining biological species diversity over different trophic levels can provide the best water purification performance in urban pond ecosystems.
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Boer, Ben, and Ian Hannam. "Developing a Global Soil Regime." International Journal of Rural Law and Policy, no. 1 (June 29, 2015): 1–13. http://dx.doi.org/10.5130/ijrlp.i1.2015.4123.
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From the 1960s onwards, the global community became more aware of the phenomena of air and water pollution. More recently, the issues of climate change, loss of biodiversity, desertification, drought, and land degradation have become more prominent. While biodiversity loss and climate change have garnered close attention, issues of land degradation and sustainability of soils has attracted less focus in international fora and by national governments. We argue here that soil, as a vital biological and cultural resource, demands attention on the same level as biological diversity and climate change, and that this should be reflected in both international law and in legislation at national level. This article explores the elements that could form the basis of a global instrument for the conservation and sustainable use of soil, and sets out the premise for the community of nations to support the negotiation and drafting of such an instrument. It does so in light of the recent discussion on the introduction of a provision in the United Nations Sustainable Development Goals on the achievement of zero net land degradation, the revision of the World Soil Charter as well as the work of the UN Special Rapporteur on the Right to Food. It also briefly explores other complementary mechanisms that can be used for promoting the sustainable use of soils.
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Fujii, Iwao, Miko Maekawa, Nozomi Shimizu, Naohisa Kanda, Nariaki Mikuni, Kazunobu Suzuki, Izumi Tsurita, Miriam C. Balgos, and Marjo K. Vierros. "Implications of existing capacity building efforts for the conservation and sustainable use of marine biological diversity of areas beyond national jurisdiction: A case study of Japan." Marine Policy 138 (April 2022): 105004. http://dx.doi.org/10.1016/j.marpol.2022.105004.
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Moore, Cameron Alastair, and Caroline Gross. "Great Big Hairy Bees! Regulating the European Bumblebee, Bombus Terrestris L. What does it say about the Precautionary Principle?" International Journal of Rural Law and Policy, no. 1 (June 2, 2012): 1–19. http://dx.doi.org/10.5130/ijrlp.i1.2012.2627.
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The previous Commonwealth Minister for the Environment, Mr Garrett, recently rejected a request to allow the importation of live bumblebees (Bombus terrestris L.) to mainland Australia. New South Wales and Victoria had already listed the introduction of bumblebees as, respectively, a key threatening process and a potentially threatening process. The Commonwealth, however, had previously declined an application to list the introduction of bumblebees as a key threatening process, although its Threatened Species Scientific Committee urged ‘that extreme caution be shown in considering any proposal to introduce this species to the mainland.’ The potential threat from bumblebees would appear to beg the questions posed by the precautionary principle. Would the presence of bumblebees to mainland Australia pose a threat of serious or irreversible environmental damage? Should a lack of full scientific certainty be used as a reason for postponing measures to prevent environmental degradation? This paper considers the role of the precautionary principle in regulatory approaches to the bumblebee. It seeks to establish the application of the precautionary principle to this particular potential environmental threat, including its relationship to the principle of conservation of biological diversity. It concludes that, despite widespread adoption of the precautionary principle in policy, legislation and case law in Australia, its impact on regulating bumblebees has not been consistent.
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Klyukina, Elena Aleksandrovna, and Vitaly Viktorovich Barabanov. "Organization of development work proposals for amendments to the fisheries rules." Rybovodstvo i rybnoe hozjajstvo (Fish Breeding and Fisheries), no. 2 (February 11, 2022): 86–91. http://dx.doi.org/10.33920/sel-09-2202-01.
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The article discusses changes in the procedure for organizing work on the development of proposals for amendments to the rules of fishing in accordance with the order of the Federal Agency for Fisheries dated February 18, 2020 No. 85 “On the organization of work in the Federal Agency for Fisheries on the development of proposals for amendments to the rules of fishing”. It is noted that the peculiarity of the fishing rules as a regulatory document is the possibility of prompt amendments to them aimed at forming an optimal fishing regime that ensures the stability of commercial catches and the conservation of aquatic biological resources. The algorithm for making changes is clearly spelled out: sending proposals from state authorities, organizations, public associations, citizens to the territorial administration of Rosrybolovstvo, making proposals in tabular form with the position of the territorial administration, considering proposals at meetings of the biological section of the Scientific Council of the Fisheries Research Institute, reviewing and coordinating proposals with the structural divisions of Rosrybolovstvo, preparation of the draft order by the Ministry of Agriculture and further approval procedure and approval in the form prescribed by law. A prerequisite for the approval procedure for proposals received to amend the rules of fishing is their scientific analysis, which allows, even at the stage of working out the issue, to filter out proposals that do not take into account the norms of the current fisheries legislation or negatively affect aquatic biological resources. The proposed version of the order allows at all stages of the preparation of amendments to the rules of fishing to take into account the interests of all interested parties as much as possible: scientific organizations, regulatory structures, citizens, authorities, the tourism industry.
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Koperski, Paweł. "Taxonomic, phylogenetic and functional diversity of leeches (Hirudinea) and their suitability in biological assessment of environmental quality." Knowledge & Management of Aquatic Ecosystems, no. 418 (2017): 49. http://dx.doi.org/10.1051/kmae/2017040.
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Watts, Samantha. "PROTECTION OF THE AFRICAN LION: A CRITICAL ANALYSIS OF THE CURRENT INTERNATIONAL LEGAL REGIME." Potchefstroom Electronic Law Journal/Potchefstroomse Elektroniese Regsblad 19 (May 30, 2016): 1. http://dx.doi.org/10.17159/1727-3781/2016/v19i0a1158.
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This article looks at the current international regime that pertains to the African lion, a species that needs adequate protection across its range (a range that does not adhere to state boundaries). This analysis comes at a time when threats such as habitat and prey loss, retaliatory killing, trophy hunting and trade, are all impacting the remaining populations of African lions. The species is in danger of rapid population decline and possible extinction in the near future. Two decades ago there was an abundance of African lions, roughly 100 000, on the continent. But at present there are less than 32 000, while some believe there to be as little as 15 000 left. This decline is mainly due to the threats noted above. African lions are currently listed as "vulnerable" on the International Union for Conservation of Nature Red List of Threatened Species. This listing is being contested by commentators who believe that the species now requires an "endangered" status. African lion populations, and the threats to the species, extend across state boundaries. Therefore, international law is of particular importance in providing conservation and protection measures to the species. Creating conservation obligations at a global level allows for more uniform action, implementation and enforcement of legislation at regional and local levels. Therefore this article looks at each threat to African lion populations in detail and then assesses the international legal regime pertaining to each of these threats, and whether that regime is adequate. The Convention on Biological Diversity, Convention on the Conservation of Migratory Species, Convention on International Trade in Endangered Species of Wild Fauna and Flora and the Convention on Wetlands of International Importance are but some of the international instruments that are analysed. This article outlines the arguments that the international legal framework is not acceptable for the protection of the species, and addresses both the positive and negative aspects of this regime. It is found that the international legal regime for the African lion is in fact not effective in achieving the protection and survival of the species. Some changes are recommended, and the best way forward through an international legal lens is outlined. The security and viability of the African lion is uncertain, and legal protection of the species needs to be clear to start ensuring their survival in the future. With the increase in threats to the species and African lions already regionally endangered in some parts of Africa, it is obvious that some legal changes need to be made to ensure greater protection of the African lion at an international level.
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Уфимцев, И. А. "CRIMINAL LIABILITY FOR ILLEGAL HUNTING COMMITTED WITH THE USE OF VEHICLES IN THE HISTORY OF RUSSIAN LEGISLATION." VESTNIK OF THE EAST SIBERIAN INSTITUTE OF THE MINISTRY OF INTERNAL AFFAIRS OF THE RUSSIAN FEDERATION, no. 2(101) (June 30, 2022): 116–31. http://dx.doi.org/10.55001/2312-3184.2022.32.77.010.
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Введение: в статье раскрываются основы развития охоты как одного из видов деятельности человека, исторические этапы формирования запретов и правил её осуществления с периода Древней Руси до настоящего времени, уголовной ответственности за их нарушение путем применения различных видов транспорта как средства совершения преступления. Раскрывается понятие транспортировки незаконно добытых животных и продукции охоты. Рассматриваются виды и размеры наказаний за совершение указанных преступлений на всех этапах развития законодательства в области охраны окружающей среды и природопользования.Материалы и методы: нормативную основу исследования составляет законодательство России в период с Древней Руси до настоящего времени об ответственности за незаконную охоту, совершенную с применением транспортных средств. Методологической основой исследования послужил общий диалектический метод научного познания, носящий универсальный характер, также методы логической дедукции, индукции, познавательные методы и приемы наблюдения, сравнения, анализа, обобщения и описания.Результаты исследования: анализ данных о генезисе российского законодательства относительно ответственности за незаконную охоту, совершенную с применением транспортных средств, обнаружение предпосылок формирования и развития уголовного закона помогли определить, что в течение столетий сохранение объектов животного мира и среды их обитания являлось одним из основополагающих, доминирующих направлений деятельности государства.© Уфимцев И. А., 2022Выводы и заключения: проведенное исследование позволило установить нормы, способствовавшие формированию современного законодательства об ответственности за незаконную охоту, совершенную с применением транспортных средств. Также исследование позволило сделать вывод о стратегической цели государственной политики, её основном курсе, выражающемся в сбережении окружающей среды, сохранении биологического разнообразия природных ресурсов для следующих поколений. Introduction:the article reveals the basics of the development of hunting as one of the types of human activity, the historical stages of the formation of prohibitions and rules for its implementation from the period of Ancient Russia to the present, criminal liability for their violation by using various types of transport as a means of committing a crime. The concept of transportation of illegally obtained animals and hunting products is revealed. The types and sizes of punishments for the commission of these crimes at all stages of the development of legislation in the field of environmental protection and nature management are considered.Materials and methods: the normative basis of the study is the legislation of Russia in the period from Ancient Russia to the present time on liability for illegal hunting committed with the use of vehicles. The methodological basis of the research was the general dialectical method of scientific cognition, which has a universal character, as well as methods of logical deduction, induction, cognitive methods and techniques of observation, comparison, analysis, generalization and description.The results of the study: the analysis of data on the genesis of Russian legislation with regard to responsibility for illegal hunting committed with the use of vehicles, the discovery of the prerequisites for the formation and development of criminal law, helped to determine that for centuries the preservation of wildlife and their habitat was one of the fundamental, dominant activities of the state.Findings and Conclusions: the conducted research made it possible to establish norms that contributed to the formation of modern legislation on liability for illegal hunting committed with the use of vehicles. The study also made it possible to conclude about the strategic goal of state policy, its main course, expressed in the conservation of the environment, the preservation of biological diversity of natural resources for future generations.
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Arce, Juan A., Fernando Alonso, Antonio Camacho, and Eugenio Rico. "Do native white-clawed crayfish impact macroinvertebrate assemblages in Mediterranean limestone headwaters?" Knowledge & Management of Aquatic Ecosystems, no. 420 (2019): 33. http://dx.doi.org/10.1051/kmae/2019024.
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Crayfish are among the largest aquatic macroinvertebrates in rivers and streams. Their trophic ecology is important for the understanding of the functioning of benthic communities. This is relevant in key areas, such as headwaters, as they partly condition the processes occurring downstream. To shed light on the effects of native white-clawed crayfish, Austropotamobius pallipes, on local macroinvertebrate assemblages from running headwaters, a three-month mesocosm-based field study was designed. Collection and subsequent analysis of benthic samples under different crayfish density levels yielded a set of metrics indicative of short-term impacts at general and taxonomic scales. Neither significant positive nor negative effects on the community were evident in terms of richness, diversity, dominance and biomass. A combination of highly patched distributions of macroinvertebrates along with a weak impact of crayfish foraging activity is considered to explain this lack of effects. Only temporal changes associated with particular biological cycles appeared for some of the main taxa. Based on the results, we are not able to determine whether the white-clawed crayfish perceptibly disturbs the structure and composition of the local macroinvertebrate assemblages in the short-term. Thus, its use in future restocking projects is supported.
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Camargo, Julio A. "Positive responses of benthic macroinvertebrates to spatial and temporal reductions in water pollution downstream from a trout farm outlet." Knowledge & Management of Aquatic Ecosystems, no. 420 (2019): 16. http://dx.doi.org/10.1051/kmae/2019010.
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Inland trout farms can cause important adverse effects on freshwater communities due to the discharge of wastewater effluents into recipient rivers. In this research, responses of benthic macroinvertebrates to diminished water pollution downstream from a trout farm outlet were examined at spatial and temporal scales. Field studies were carried out in the Upper Tajuña River (Central Spain) during the springs of 2007 and 2015. Water pollution decreased, with increasing the downstream distance from the trout farm effluent, and also from 2007 to 2015 as a likely consequence of the lowered annual production of farmed rainbow trout following the 2008 economic recession. Reductions in water pollution resulted in increased concentrations of dissolved oxygen and decreased levels of turbidity and inorganic nutrients (ammonia and phosphate). Benthic macroinvertebrates responded positively to diminished water pollution by decreasing the relative abundance of collector-gatherers (oligochaetes and chironomids) and increasing the relative abundance of shredders and scrapers (ephemeropterans, plecopterans and trichopterans). In addition, values of taxonomic diversity and Biological Monitoring Water Quality biotic indices tended to increase. It is concluded that the wastewater treatment system of the trout farm should be improved to minimize the environmental impact on the recipient river.
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Ansari, Abid Ali, Zahid Hameed Siddiqui, Fuad A. Alatawi, Basmah M. Alharbi, and Amenah S. Alotaibi. "An Assessment of Biodiversity in Tabuk Region of Saudi Arabia: A Comprehensive Review." Sustainability 14, no. 17 (August 24, 2022): 10564. http://dx.doi.org/10.3390/su141710564.
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Biodiversity refers to all of the all types of species in one geographical region or ecosystem. It consists of plants, animals, bacteria, and other life forms. As an estimate, around 1.7 million species are on record globally and approximately 15,000–18,000 new species are added each year. Global climate change is accelerating species extinction due to habitat destruction. Further, various abiotic and biotic environmental factors are limiting the pattern of biodiversity in a geographical region. A change in species category from endangered to extinction occurs due to their physiological, morphological, and life history pattern, which limits them to a specific niche. Biodiversity is very important for energy production and flow, bioremediation, and biogeochemical cycling of nutrients in terrestrial to aquatic ecosystems and vice versa. It is further required for human existence in the form of food, fibers, medicines, and biological control. Therefore, consistent monitoring, assessment, and conservation of ecological habitats and diversity of flora and fauna of aquatic and terrestrial ecosystems is the need of the hour. In this article, we are presenting an assessment based upon the literature survey on the biodiversity of Tabuk region of Kingdom of Saudi Arabia. A comprehensive study on the biodiversity of plants, animals and microorganisms of the Tabuk region (Tabuk city, Tayma, Haql, Sharma, Duba, Al Wajh and Umluj, Al Zetah, Al Beda’a, etc.) are included in this review. This study will be a landmark as it is conducted at the inception of NEOM project in Tabuk region. It will help the authorities to enhance the native green cover, decrease desertification, regenerate biodiversity in natural environments, and advance the quality of life, to achieve the objectives of the Saudi Green Initiative and VISION 2030. However, studies and investigations on Tabuk biodiversity are still limited and need further exploration. Recently, a joint work between King Salman Royal Natural Reserve (KSRNR) and Department of Biology of University of Tabuk is underway to monitor the baseline data of flora and fauna of this region.
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Kovalenko, T., and O. Zaiets. "International legal protection of the Carpathians: the Ukrainian dimension." Uzhhorod National University Herald. Series: Law 1, no. 73 (December 9, 2022): 164–73. http://dx.doi.org/10.24144/2307-3322.2022.73.27.
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Effective support for the sustainable development of the Carpathian region cannot be provided by only one country, therefore interregional and transnational cooperation is necessary. The article analyzes the provisions of the Framework Convention on the Protection and Sustainable Development of the Carpathians, which was adopted on May 22, 2003 in Kyiv, as well as its protocols (Protocol on the Conservation and Sustainable Use of Biological and Landscape Diversity dated May 22, 2003, Kyiv, Protocol on Sustainable Forest Management dated May 27, 2011, Bratislava, Protocol on Sustainable Tourism dated May 27, 2011, Bratislava, Protocol on Sustainable Transport dated September 26, 2014, Mikulov, Development Protocol of Agriculture and Rural Areas dated October 12, 2017). It was established that the specified international legal acts are part of the national legislation and ensure: a) comprehensive legal regulation of the protection of the Carpathians as a unique natural, social, ethno-cultural and economic object, which is based on the principles of proper management and sustainable development; b) an integrated approach to the legal protection of the Carpathians in terms of preservation and sustainable use of biological and landscape diversity, sustainable forest management, sustainable tourism, sustainable transport, sustainable development of agriculture and rural areas; c) an ecosystem approach to the use and preservation of natural resources of the Ukrainian Carpathians. At the same time, the Framework Convention on the Protection and Sustainable Development of the Carpathians, as well as the protocols to it, have a number of legal defects, in particular, some poor wording of norms, insufficient provisions ensuring the implementation of the prescriptions of the specified international legal acts, lack of provisions on responding to violations of obligations.
In order to fulfill Ukraine's international obligations, the Cabinet of Ministers of Ukraine on October 20, 2019, by Resolution No. 880, approved the State Development Program of the Ukrainian Carpathian Region for 2020-2022. The article found out that the priority directions for the sustainable development of the mountainous territories of the Ukrainian Carpathians provided for by the State Program fully implement the provisions of the Framework Convention on the Protection and Sustainable Development of the Carpathians and its protocols. Achieving the goal of the State Program will be ensured by implementing program measures in four priorities (directions): a) formation of a competitive economy of mountain areas; b) abolition of infrastructural restrictions, development of spatially balanced road, industrial and social infrastructure; c) development of tourism potential by preserving and supporting cultural heritage and traditional crafts of the local population; balanced use of natural healing and recreational resources; d) ensuring environmental safety by restoring forests and optimizing the structure of landscapes; improving the sanitary, hygienic and ecological condition of settlements; construction and modernization of anti-erosion, hydrotechnical, anti-karst, anti-avalanche structures, as well as carrying out measures to protect against flooding and inundation, aimed at preventing the development of dangerous geological processes on the territory.
The article found that due to the lack of targeted funding from the state budget, the implementation of the Program in 2020 was only 76%. As with any state program, the issue of financing the State Program for the Development of the Ukrainian Carpathian Region for 2020-2022 deserves special attention. In accordance with the section "Amount of financial, material, technical and labor resources necessary for the implementation of the Program", the financial support of the Program is carried out at the expense of funds provided for in the state budget for the relevant year, funds of local budgets, as well as at the expense of international financial and technical assistance and other sources not prohibited by law. Therefore, in order to achieve the tasks set by the State Program, the authors draw attention to the need to adjust the financial and economic mechanism of its provision, although this is extremely difficult in the conditions of martial law.
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Narzullaev, Olim. "THE ANALYSIS OF LAW ON PROTECTION AND RATIONAL USE OF FAUNA." Конференции, January 21, 2021. http://dx.doi.org/10.47100/conferences.v1i1.482.
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This article reveals the issues of legal regulatin of the protectionand use of the animal world, as one of the types of biological resources defined inthe legislation of wild animals living in a state of natural freedom in water,atmosphere and soil, permanently or temporarily in the territory of the Republic ofUzbekistan, as well as animal world bred in semi-free living conditions or artificiallycreated for scientific or environmental purposes established by legislation on theprotection and use of wildlife, in addition, taking into account the narrowness andcontent of international legal acts “On Wetlands of International Importance, Mainlyas Habitats of Waterfowl”, “On International Trade in Endangered Species of WildFauna and Flora”, “On the Conservation of Migratory Species of Wild Animals”,“On Biological Diversity” based on the essence of the content of internationalinstruments, it is analyzed on the basis of the national legislation of Uzbekistan.
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Suietnov, Ye P. "The ecosystem approach under the Convention on Biological Diversity: a review of decisions of the Conference of the Parties." Problems of Legality, no. 154 (December 8, 2021). http://dx.doi.org/10.21564/2414-990x.154.239280.
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A comprehensive analysis of the process of formation and development of the ecosystem approach in international environmental law under the Convention on Biological Diversity has been undertaken. Based on a study of the provisions of the Convention and a review of decisions of the meetings of its governing body – the Conference of the Parties – the conclusion is made about the current state of development of the ecosystem approach. In particular, under the Convention on Biological Diversity, general framework of the ecosystem approach have been developed, including its description, principles and practical guidelines for its application, and its leading role in the conservation of biodiversity has been determined. Undoubtedly, the ecosystem approach generally and its principles particularly require thorough discussion at future meetings of the Conference of the Parties and implementation in appropriate decisions. At the same time, it is quite obvious that the effectiveness of this approach in the issue of biodiversity conservation will depend primarily on its implementation in the state environmental policy and legislation of all countries-participants of the Convention and its practical realization, which, according to the author, should become one of the priority and strategic directions in the field of legal regulation of environmental relations in Ukraine.
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Nishant Shyam Chavan. "Environmental Protection Acts in India." International Journal of Scientific Research in Science and Technology, October 16, 2021, 480–83. http://dx.doi.org/10.32628/ijsrst218560.
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The environment of our planet is degrading at an alarming rate because of non-sustainable urbanization, industrialization and agriculture. There is need of management of natural resources, biodiversity loss, land use, convention on biological diversity and ecosystem diversity. The rapid increase in industrialization and human needs, environment has been badly suffered. That why there was need of creating law for conversion of environment in India. So environmental laws made for huge to maintain an ecological balance of environment by safeguarding the forests and wildlife, biodiversity, forest conservation of the country. The ministry of environment forest & the nodal agency is the administrative structure of the central government for the planning, promotion, co-ordination and overseeing the implementation of environment& forestry programmes. The principle activity taken by ministry of environment& forest and wildlife prevention control of pollution, afforestation regeneration of degraded areas and protection of environment in the framework of legislation. This research paper will be focus on what has action & laws are made by Indian government for protection of environment.
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Faria, Larissa, Barbara Maichak de Carvalho, Laís Carneiro, Natali Oliva Roman Miiller, Clemerson Richard Pedroso, Thiago Vinícius Trento Occhi, Lívia Helena Tonella, and Jean Ricardo Simões Vitule. "Invasive species policy in Brazil: a review and critical analysis." Environmental Conservation, November 16, 2022, 1–6. http://dx.doi.org/10.1017/s0376892922000406.
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Summary Biological invasions represent one of the main threats to biodiversity and a recognized economic burden worldwide; the issue has been included in the conservation agenda such as the Convention on Biological Diversity (CBD). Brazil is a signatory country of the CBD; however, the number of alien species records in its territory is continuously rising. To evaluate the invasive alien species (IAS) policy in Brazil, we reviewed the legislation delineating historical trends to identify potential gaps and avenues for improvement. We consulted several websites using keywords related to invasions in order to track legal instruments such as laws, decrees and regulations. We classified the documents regarding their main aims with regard to IAS, taxon and environment of interest. We found 85 legal instruments in force related to IAS published in the federal sphere up to October 2021, with decrees being the most common type. Most documents were classified as ‘control’ and ‘prevention’ and were related to all taxa and environments. Two species (wild boar Sus scrofa and golden mussel Limnoperna fortunei) have more specific legislation, probably due to their conspicuous economic impacts. We discuss policy gaps and their implications for the efficient management and prevention of new IAS introductions to the country.
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Berry, David S. "Unity or Fragmentation in the Deep Blue: Choices in Institutional Design for Marine Biological Diversity in Areas Beyond National Jurisdiction." Frontiers in Marine Science 8 (October 26, 2021). http://dx.doi.org/10.3389/fmars.2021.761552.
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Delegations are in the final stages of negotiating the proposed Agreement under the United Nations Convention on the Law of the Sea on the conservation and sustainable use of marine biological diversity of areas beyond national jurisdiction (BBNJ Agreement or Agreement). The Agreement will have tremendous scope. Geographically it covers all ocean areas beyond national jurisdiction, meaning approximately 60 percent of the earth’s surface. Substantively it deals with a range of complex topics necessary for the conservation and sustainable use of marine biological diversity of areas beyond national jurisdiction, including marine genetic resources, sharing of benefits, measures such as area-based management tools, including marine protected areas, environmental impact assessments and capacity-building and the transfer of marine technology. Existing scholarship primarily explores the substantive choices for the Agreement; little examines its proposed institutional structure. This article critically assesses the competing positions advanced during negotiations for the Agreement’s institutional structure – the ‘global’ and ‘regional’ positions – and reviews the middle, or ‘compromise’ position adopted by the draft text. It suggests that both global and regional actors will be necessary to conserve and sustainably use marine biological diversity of areas beyond national jurisdiction, and that some form of coordinating mechanism is required to allocate responsibility for particular tasks. Two principles are proposed for use in combination to provide a mechanism to help coordinate Agreement organs (global) and regional or sectoral bodies, namely, the principles of subsidiarity and cooperation. These principles are found in existing international and regional structures but are advanced here in dynamic forms, allowing for temporary or quasi-permanent allocation of competences, which can change or evolve over time. This position is also grounded in the international law of treaties and furthers dynamic views of regional and global ocean governance by offering practical coordinating principles that work with the existing Agreement text.
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Mahdewi, Risa, and Desia Rakhma Banjarani. "FOOD SAFETY OF GENETICALLY MODIFIED ORGANISM ACCORDING TO INTERNATIONAL LAW AND ITS IMPLEMENTATION IN INDONESIA." Lampung Journal of International Law 2, no. 1 (August 13, 2020). http://dx.doi.org/10.25041/lajil.v2i1.2031.
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Modern biotechnology products have provided considerable benefits for improving human life and well-being, both in the agriculture, food, industry and human health sectors, as well as in the environmental field. But there are concerns that modern biotechnology products, in addition to providing benefits, also have risks that have adverse impacts on the conservation and sustainable use of biodiversity and human health. Therefore, steps need to be taken, both legally, administratively, and technology to ensure the level of biological safety.This study aims to explain and analyze the safety of Genetically Modified Organism or GMO according to international law and their implementation in Indonesia. The problem approach used in this research is normative law (library research). The data used are secondary data obtained from international, national legal regulations and literature data related to material that supports discussion of the problem. Analysis of the data used is descriptive qualitative.The results of research on food safety of Genetically Modified Organism or GMO according to international law, are regulations on food safety of genetically engineered products regulated in the Convention on Biological Diversity and the Cartagena Protocol on Biosafety. The laws and regulations governing GMO food in Indonesia are good enough because they have carried out the mandate and did not deviate from the biodiversity convention and Cartagena protocol by passing legislation regulations from the legal level to the decision level of the head of BPOM. It’s just that for rules regarding GMO food that is sold in retail, or that is not in the form of packaging, there is still no technical rules that can answer the problems in the field.
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Murillo Chávarro, Jimena, and Frank Maas. "The Legal Nature of the Biodiversity Provisions adopted by the Andean Community." elni Review, October 2010, 64–70. http://dx.doi.org/10.46850/elni.2010.009.
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The Andean Community is a South American Regional Organization, nowadays composed of four of the seventeen states richest in biodiversity in the world. The Andean states are home to around 24 % of global biodiversity. Four countries are members: Bolivia, Colombia, Ecuador and Peru. The Andean Community began taking action in the field of biodiversity in the last ten years. As a result, it has elaborated a “Regional Biodiversity Strategy for the Tropical Andean Countries”, which was developed within the framework of the principles set out in the Convention on Biological Diversity, the Rio Declaration on Environment and Development (Agenda 21) and the Andean Community legislation. The main objective of the Regional Biodiversity Strategy is the conservation and sustainable use of biodiversity as well as the region’s sustainable development. According to the legal system of this regional organisation, decisions are – irrespective of whether they are adopted by the Andean Council of Ministers of Foreign Affairs or the Commission of the Andean Community (the two legislative institutions of the CAN) – part of the Andean legal system. Decisions are legally binding for the Member Countries and directly applicable from their day of publication in the official gazette onwards. This article explains the definition of soft law, and provides a general description of the Andean Community and its legal instruments. The authors discuss the nature of Decision 523: Should this provision be considered soft or hard law and what are its legal implications?
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Ardito, Giovanni, Gemma Andreone, and Marzia Rovere. "Overlapping and fragmentation in the protection and conservation of the marine environment in areas beyond national jurisdiction." Frontiers in Marine Science 9 (January 12, 2023). http://dx.doi.org/10.3389/fmars.2022.1094266.
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Marine areas beyond national jurisdiction (ABNJ) are under the growing threat of cumulative anthropogenic impacts including fishing, shipping, energy extraction, certain forms of marine scientific research, and the imminent deep seabed mining that prefigure a critical scenario in terms of biodiversity loss and environmental degradation. This article offers a contribution to the discussion on the best approaches to effectively implement environmental protection and conservation in ABNJ, also in the light of ongoing intergovernmental negotiations on the conclusion of an agreement implementing the United Nations Convention on the Law of the Sea on the conservation and sustainable use of biological diversity in ABNJ. The paper first analyzes the current legal gaps in the protection and conservation of ABNJ and the tools developed by some regional and universal regimes to preserve vulnerable marine ecosystems. It then presents two case studies, relating to hydrothermal vent fields of the Mid Atlantic Ridge (Lost City) and the South-West Indian Ridge (Longqi field) to discuss the fragmentation of the legal regimes applicable to ABNJ as well as the difficult cooperation among the regional, global and sectoral frameworks involved in their governance. The case studies show that a coordination mechanism, based on mutual recognition of the protection and conservation measures taken by each competent organization in a specific field, is of utmost urgency. Only a more structured system of cooperation among States and international organizations, that the new implementation agreement will hopefully develop, will allow for the identification of the most appropriate tools for the protection of a given marine area from the cumulative impacts of human activities.
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Hassanali, Kahlil. "Participating in Negotiation of a New Ocean Treaty Under the Law of the Sea Convention – Experiences of and Lessons From a Group of Small-Island Developing States." Frontiers in Marine Science 9 (June 2, 2022). http://dx.doi.org/10.3389/fmars.2022.902747.
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Negotiations are currently underway into establishing a new international agreement under the United Nations Convention on the Law of the Sea (UNCLOS) on the conservation and sustainable use of marine biological diversity of areas beyond national jurisdiction. This paper discusses some of the experiences and challenges faced by the Caribbean Community (CARICOM), a regional group of small island developing States, in the negotiation of this agreement. The group has been engaged as a bloc since the preparatory stage of the process. The process has now advanced well into an inter-governmental conference, which had an original mandate for four sessions, but will be extended for at least one more session in August 2022. CARICOM have managed to innovate, adapt and access and pool resources in order to be relevant and impactful participants throughout the ongoing negotiations and in face of the Covid-19 pandemic. Some suggestions are offered with a view to ensuring continued meaningful involvement of the group in the remainder of the negotiations, as well as in future ocean related multilateral processes.
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Rogers, Alex D., Amy Baco, Elva Escobar-Briones, Duncan Currie, Kristina Gjerde, Judith Gobin, Marcel Jaspars, et al. "Marine Genetic Resources in Areas Beyond National Jurisdiction: Promoting Marine Scientific Research and Enabling Equitable Benefit Sharing." Frontiers in Marine Science 8 (May 31, 2021). http://dx.doi.org/10.3389/fmars.2021.667274.
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Growing human activity in areas beyond national jurisdiction (ABNJ) is driving increasing impacts on the biodiversity of this vast area of the ocean. As a result, the United Nations General Assembly committed to convening a series of intergovernmental conferences (IGCs) to develop an international legally-binding instrument (ILBI) for the conservation and sustainable use of marine biological diversity of ABNJ [the biodiversity beyond national jurisdiction (BBNJ) agreement] under the United Nations Convention on the Law of the Sea. The BBNJ agreement includes consideration of marine genetic resources (MGR) in ABNJ, including how to share benefits and promote marine scientific research whilst building capacity of developing states in science and technology. Three IGCs have been completed to date with the fourth delayed by the Covid pandemic. This delay has allowed a series of informal dialogues to take place between state parties, which have highlighted a number of areas related to MGR and benefit sharing that require technical guidance from ocean experts. These include: guiding principles on the access and use of MGR from ABNJ; the sharing of knowledge arising from research on MGR in ABNJ; and capacity building and technology transfer for developing states. In this paper, we explain what MGR are, the methods required to collect, study and archive them, including data arising from scientific investigation. We also explore the practical requirements of access by developing countries to scientific cruises, including the sharing of data, as well as participation in research and development on shore whilst promoting rather than hindering marine scientific research. We outline existing infrastructure and shared resources that facilitate access, research, development, and benefit sharing of MGR from ABNJ; and discuss existing gaps. We examine international capacity development and technology transfer schemes that might facilitate or complement non-monetary benefit sharing activities. We end the paper by highlighting what the ILBI can achieve in terms of access, utilization, and benefit sharing of MGR and how we might future-proof the BBNJ Agreement with respect to developments in science and technology.