Introduction to biodiversity

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