Legal protection of biodiversity (national & international treaties)

1. Legal protection of biodiversity (national & international treaties)

2. Introduction • 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

3. Introduction • 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

4. International Treaties • 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)

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

6. Ramsar • 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

7. CITES • 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

8. UNCBD (convention on biological diversity) • 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

9. UNFCCC • 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

10. Kyoto Protocol • 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

11. Funding • 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

12. Funding II – Debt-For-Nature swaps • 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

13. 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 • 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

14. 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 • 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

15. 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. • 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

16. National Legislation • 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.

17. Protective legislation • 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

18. Public Private Patnerships • 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

19. Conclusion • 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