Legal protection of biodiversity (national & international treaties)

1. BCB 341: Principles of Conservation Biology Legal protection of biodiversity (national & international treaties)

2. Global biodiversity is primarily concentrated in the tropical regions of the planet • Benefits are global, and often developed nations use a large fraction for genetic material & resources: • Agriculture • Medicine • Industry • Developing world with its own problems: • Rapid population growth • Undergoing economic development • High rates of habitat destruction • Often prepared to undertake conservation, but lack funds and means for: • Research • Management • Purchase of land for habitat preservation Introduction

3. Although most legal & regulatory mechanisms are internal to countries, there is a clear benefit to international conservation treaties: • Cross-border migration: Many species travel across the world, and hence conservation of one area will be useless if habitat is destroyed in alternative areas • International trade in biological products: Demand elsewhere can rapidly cause damage in poor or underpoliced countries • Benefits are international: ecosystems regulate climate, provide resources for various industries, & provide tourist & scientific value • Environmental problems are often international: • Pollution & draining of rivers & lakes • Atmospheric pollution & acid rain • Greenhouse gases & climate change • Ozone depletion Introduction

4. Convention on Wetlands: signed in Ramsar, Iran (1971) [Ramsar Convention] Convention on International Trade in Endangered Species of Wild Fauna and Flora (1974) [CITES] World Heritage Convention (adopted by UNESCO in 1972) UN Convention on Biological Diversity (1992) [UNCBD, CBD] UN Framework Convention on Climate Change (1992) [UNFCCC] Kyoto Protocol on Carbon Dioxide Emmissions (1977) International Treaties

5. Ratification of treaties SOURCE: http://earthtrends.wri.org/searchable_db/index.php?action=select_theme&theme=10

6. First international conservation treaty • Designed to protect wetlands and promote wise use of water resources • Came into force in 1975 • Commitments: • Listed sites – at least one wetland to be included in “List of Wetlands of International Importance”, and promote its conservation • Wise use – obligation to include wetland conservation into national land use planning (National Wetland Policies) • Reserves & training – establish nature reserves in wetlands whether listed or not, and promote training in wetlands research & management • International cooperation – consult other parties about implementation, particularly with regard to transfrontier water resources Ramsar

7. Regulates trade in endangered species through a permit system. • Global wildlife trade is worth billions every year • Trade in hundreds of millions of plants & animals • Trade in the most endangered species is prohibited (whales, all apes, tigers, sea turtles, many raptors & parrots) • Trade in less endangered species is limited to a sustainable level • Decisions about suitability for trade are informed by scientific analysis & arrived at by all participating members • Red data lists • Offers varying degrees of protection to more than 30,000 different plants & animals CITES

8. Ratified at the 1992 Rio Earth Summit • Unlike Rio Declaration, it is legally binding for all signatory nations • 3 main focuses: • conservation of biodiversity • sustainable use of the components of biodiversity • equitable sharing of the benefits arising from the use of genetic resources • Embodies “precautionary principle” – where there is a threat of significant reduction or loss of biological diversity, lack of full scientific certainty should not be used as a reason for postponing measures to avoid or minimize such a threat • Frames in terms of human resource value • Not limited to particular species/areas • Parties to report back to COP on measures taken and relative success/failure of efforts • Technical assistance provided through subsidiary body • Problems: • Rules on international intellectual property rights that fairly share benefits • Unless research facilities built in 3rd world nations, research into ecology, taxonomy & biodiversity in general has been curbed UNCBD (convention on biological diversity)

9. Also a binding agreement from the Rio Summit in 1992 Requires industrialized nations to reduce CO2 emissions & make regular reports on progress Annex I (developed nations) were to curb all emissions to 1990 levels by 2000 Funding for meeting guidelines to be provided through GEF (Global Environment Fund), run by World Bank Came into effect in 1994 Russia & US refused to sign, so treaty was dead in the water UNFCCC

10. Successor to UNFCCC, shares same structures Post-2000 commitments to reductions by developed nations, limited growth in emissions from developing nations Goals to be achieved by 2008-2012 GEF to provide funding for CDM (clean development mechanisms) for developing nations Emissions cuts: EU ~8%, US 7%, Canada, Hungary, Japan & Poland 6%. Russia & Ukraine to stabilise emissions Problem: cuts are from 1990 levels – since most did not meet 2000 emissions targets, cuts are more in the region of 10-15% US signed but not ratified in 1998 – dead in water again Kyoto Protocol

11. At Rio, initially proposed that developed nations would provide $150bn pa as aid • Developed nations demurred – agreed in principle to provide 0.7% of GDP as aid • As of 2002, only Denmark (0.96), Norway (0.89%), Sweden (0.83%) & the Netherlands (0.81%) reached this level • Many have actually decreased funding: the US has dropped to 0.13% of GDP • US$5bn spent every year on biodiversity protection • GEF was created in 1991 and is one of the largest contributors – together with World Bank they provide $250m p.a. • This may seem like a lot, but in comparison with the costs and other expenditures, it is not very much. • US spends: • $548.9bn on defense (4% of GDP, 20% of government spending) • $15bn on NASA • $451m on Human Genome Project • Only 100m on biodiversity aid in developing countries Funding

12. Developing nations owe about $1.3 trillion – 44% of their GDP Since these debts often have a low expectation of repayment, international loan organisations may sell them on at a steep discount Some organisations buy these debts off the banks, then cancel debts in return for commitments to address biodiversity issues Other countries may also agree to cancel debts in return for conservation activities. So far $1.5bn converted (0.1% of total debt) Does not address underlying problems leading to degradation Funding II – Debt-For-Nature swaps

13. In many cases, global trade policies and development treaties may lead directly to loss of biodiversity, due to poor planning or understanding of underlying forces In 70s & 80s, World Bank loaned $560m to Indonesia for resettlement from crowded Java & Bali to Borneo & New Guinea the impact of non-biodiversity treaties • Relocated families were supposed to undertake subsistence agriculture as well as produce cash crops (rubber, oil-palm) for export • Tropical islands have poor soil, & were unable to support intensive agriculture of this nature • Infrastructure did not develop, partly due to corruption/mismanagement • Impoverished farmers forced to move to shifting slash-and-burn agriculture. • Massive forest fires & deforestation, with smoke reaching Australia • Large number of settlers in rural areas also led to ethnic conflict

14. Since 1981, WB & Inter-American Development Bank loaned Brazil hundreds of millions to develop Rondonia (in the Amazon forest) Highways built, and farmers encouraged to move on to free land Huge areas of forest cut down next to roads for ranching – fastest deforestation ever Case Study: Brazilian Highways • In 1987, 20m ha (2.5% of Brazil’s total area) of forest were burned • Since too little was put aside for research and for protection, highways cut right through Amerindian reserves & biological reserves, opening them up for deforestation • Cattle ranches & tree plantations failed due to poor soils & reduced rainfall, so loans were not paid back. • Increased Brazil’s national debt, for no real gain & large losses of biodiversity • Deforestation & burning continued – particularly high in 1997 &1998 • A second round of development is being embarked on, building 6245km of new roads

15. International Union for the Conservation of Nature and Natural Resources is a global coalition of NGOs Provides information and recommendations to all conservation bodies Divided into six different commissions IUCN Red Data List The percentage of species in several groups which are listed as critical, endangered or vulnerable on the 2007 IUCN Red List. • World Commission on Protected Areas promotes the establishment of a global network of terrestrial & marine protected areas& reserves • Species Survival Commission advises on species conservation, mobilises action on endangered species & maintains Red Data List • Establishes conservation priorities for all levels of conservation planning worldwide • There are nine groups of threat, depending on rate of decline, population size, area of geographic distribution & degree of fragmentation: Extinct, Extinct in the Wild, {{Critically Endangered, Endangered, Vulnerable}}, Near Threatened, Least Concern, Data Deficient, Not Evaluated.

16. To some extent informed by international treaties Deal with local issues Regulate activities that directly influence species/ecosystem balances Restrictions generally enforced where species/systems are identified as vulnerable Hence, initial scoping is essential – still not complete in many countries SA has local Red Data List – classification of species into several different categories of threat On the basis of this, there are usually protected area networks that limit potential development and activities within the area. National Legislation

17. Zoning laws prevent construction in sensitive areas, and limit extent of activities ( eg: wetlands, barrier beaches are often zoned for no development) In areas zoned for development, there may different classifications of development allowed Scrutiny of all development is increasing in many countries Hence environmental impact assessments may be required for certain activities (especially in SA) EIAs scope the potential damage that an activity may have on the environment – recent development globally Protected areas & reserves are generally legislated by different levels of local, regional & national government Protective legislation

18. In addition to legal reserves there are a number of strategies open to governments for conservation in conjunction with private landowners Land trusts: Private organisations that purchase land for conservation purposes and either run it or donate it to the government Conservation easements: landowners contractually give up the right for development of land in return for tax breaks or monetary compensation. Limited development: some part of the land is allocated for development, whilst the remainder falls within an easement. Useful for agricultural areas Conservation leasing/concessions: private landowners actively manage land for conservation, or may outbid logging companies to run sites for conservation purposes The problem is that these all need monitoring to ensure fulfilment of contractual obligations Public Private Patnerships

19. International treaties are essential to biodiversity maintenance, because many issues are transnational in scope. Development funding should be planned, and biodiversity impacts considered Scoping & monitoring of species and systems on the ground is a priority National environmental legislation should be influenced by international treaties but address local issues Alternatives to protected areas should be considered to reduce government expenditure Conclusion