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Introduction to biodiversity

Introduction to biodiversity. What is ”biodiversity”? Distinguish between levels of biodiversity Development of biodiversity The concept of species What are the benefits of biodiversity? To humans To ”life on earth” What is the status of biodiversity?

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Introduction to biodiversity

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

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

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

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

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

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

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

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

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

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

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

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