7—Global Biodiversity Governance

Question 1

What is the definition of biodiversity?

Answer 1

“Biological diversity” means the variability among living organisms from all sources including, inter alia, terrestrial, marine and other aquatic ecosystems and the ecological complexes of which they are part; this includes diversity within species, between species and of ecosystems. (Article 2, CBD)

Question 2

What is the definition of an ecosystem?

Answer 2

“Ecosystem” means a dynamic complex of plant, animal and micro-organism communities and their non-living environment interacting as a functional unit. (Article 2, CBD)

Question 3

What is the definition of genetic resources?

Answer 3

• “Genetic material” means any material of plant, animal, microbial or other origin containing functional units of heredity (Article 2, CBD)
• “Genetic resources” means genetic material of actual or potential value

Question 4

What do ecosystem services provide?

Answer 4

-Ecosystem services provide a direct and indirect contribution to human well-being. They fulfil 4 functions:
1. Provisioning services: supplying humans with natural resources.
2. Regulating services: any benefit obtained by natural regulating processes (such as flood regulation, pollination and water purification …)
3. Cultural services: non-material benefits people obtain through ecosystems: spiritual enrichment, intellectual development, recreation and aesthetic values.
4. Supporting services: those related to habitat functioning themselves and therefore influence survival. For example, photosynthesis, the water cycle, nutrient cycles and the maintenance of viable species gene pools.

Question 5

What measures have been adopted in recent years to protect ecosystems?

Answer 5

• Assigning to those services monetary value
• UNFCC’s REDD+
• 2020 goal to stop biodiversity loss. The goal was not reached and extinctions still occur.

Question 6

What does bioprospecting mean?

Answer 6

Bioprospecting is the research of genetic resources with potential commercial value

Question 7

What does biopiracy mean?

Answer 7

• Biopiracy is the commercial exploitation of naturally occurring biochemical or genetic material.
• It considerably involves fraudulent patents, which restrict the future usage of genetic resources with no compensation for the communities from which they originated

Question 8

How does Cartagena Protocol address Biosafety?

Answer 8

• Providing AIA (Advanced informed agreement) for cross-border movements of LMOs (Living modified organisms)

Question 9

What is the CBD?

Answer 9

The Convention on Biological Diversity, adopted in Rio in 1992 and entered into force in 1993, is the framework convention for the biodiversity regime complex. It has quasi-universal participation with 196 parties but the notable exception of the US. The main goals of the convention are:

1. The conservation of biological diversity
2. The sustainable use of its components
3. The fair and equitable sharing of benefits arising from the utilisation of genetic resources
   - As part of the Convention, three protocols have been adopted over the years:
   
   1. CartagenaProtocol onBiosafety
   2. Nagoya-KualaLumpurSupplementary Protocol on Liability and Redress to theCartagenaProtocol onBiosafety
   3. Nagoya Protocol on Access and Benefit Sharing

Question 10

What are the other main elements of the biodiversity regime complex?

Answer 10

• The 1971Convention on Wetlands of International Importance Especially as Waterfowl Habitat (the Ramsar Convention) protects wetlands and waterfowl species. Parties are mandated to designate suitable wetlands for inclusion in a List of Wetlands of International Importance
• The1972Convention Concerning the Protection of the World Cultural and Natural Heritage (WHC)aims to conserve the cultural and natural heritage of its contracting parties. Properties of outstanding value are listed on the World Heritage List.
• The1973Convention on International Trade in Endangered Species of Wild Fauna and Flora(CITES)aimsto protect wild species against over-exploitation from international trade. Species are listed in three Appendices according to the degree of protection they need.
• The2001International Treaty on Plant Genetic Resources for Food and Agriculture. The ITPGRFA promotes the conservation and sustainable use of plant genetic resources for food and agriculture and the fair and equitable sharing of the benefits arising out of their use.

Question 11

What is Access and Benefit Sharing (ABS)?

Answer 11

Access and benefit sharing refers to the way in which genetic resources may be accessed, and how users and providers reach an agreement on the fair and equitable sharing of the benefits that might result from their use

Question 12

How is ABS regulated?

Answer 12

• Article 15 of the CBD sets out rules which govern access and benefit sharing. Under these rules, governments have two key responsibilities:
  
  1. To put in place systems that facilitate access to genetic resources for environmentally sound purposes
  2. To ensure that the benefits resulting from their use are shared fairly and equitably between users and providers

Question 13

Why is ABS important?

Answer 13

Access and benefit sharing define how genetic resources are accessed and used; and maximise the benefits for users, providers, and the communities where they are found.

-Users seek genetic resources to deliver a range of benefits - from basic scientific research to applied research and development (R&D) for human wellbeing (for example pharmaceuticals).

• Providers of genetic material grant access to their resources in return for a fair share of the resulting benefits. When R&D leads to a commercialised product, the user must share monetary benefits with the provider, such as royalties, milestone payments, or licensing fees. Providers can also benefit from technology transfer or the enhancement of research skills. Ideally, these will be employed to improve conservation and the sustainable use of biological diversity.
• For Countries in the Global South granting access to genetic resources in exchange for a share of (non-)monetary benefits could contribute significantly to poverty alleviation and sustainable development. These benefits can be realised if the conditions for fairness and equity are agreed upon before access. Access to genetic resources may depend on whether the user aims to engage with traditional knowledge of indigenous and local communities (ILCs). Access and benefit-sharing rules recognize the value of this knowledge and require users to obtain permission to use it and to share any resulting benefits with the communities who own it.

Question 14

Who is involved in ABS?

Answer 14

Providers of genetic resources:
- States have sovereign rights over natural resources under their jurisdiction. They are obligated to put in place conditions that facilitate access to natural resources for environmentally sound uses. Providers agree on conditions for granting access and sharing benefits equitably. Examples of such terms are Prior Informed Consent (PIC) and Mutually Agreed Terms (MAT). PIC requires that permission is given from the Competent National Authorities (CANs) of a provider country to a user prior to accessing genetic resources, aligning with an appropriate legal and institutional framework. An agreement on MAT deals with the conditions of access and use of the resources, and the benefit-sharing between both parties.
- Laws within the provider country may entitle others, such as ILCs, to negotiate their terms of access and benefit sharing. The participation of ILCs is necessary for instances where traditional knowledge associated with genetic resources is being accessed.

• Users of genetic resources are responsible for sharing the benefits derived from genetic resources with the providers. They seek access to genetic resources for a wide range of purposes, from basic research to R&D for new products. They are a diverse group, including botanical gardens, industry researchers such as pharmaceutical, agriculture and cosmetic industries, collectors and research institutes.
• National Focal Points: users need a clear and transparent process to access resources. This includes details about contact points and requirements in provider countries. National Focal Points are responsible for providing this information.
• Competent National Authorities (CNAs) are governmental bodies responsible for granting access to users and representing providers on a local or national level. National implementation measures establish how CNAs work in each country.

Question 15

What is the IPBES?

Answer 15

Similarly to UNFCCC’s IPCC, the biodiversity regime has its own body, IPBES (Intergovernmental Platform on Biodiversity and Ecosystem Services). IPBES was established in 2012. It counts 137 members. NGOs and civil society participate in the panel as observers

Question 16

What are IPBES’ tasks?

Answer 16

• IPBES’ main activities are:
  
  1. Publishing regional and global assessments
  2. Providing policy support
  3. Building capacity and knowledge
  4. Communication and research

Question 17

Why does the biodiversity regime need a scientific body?

Answer 17

Being biodiversity such a technically complex and internationally relevant topic, is it helpful to access a scientific body which can provide useful insights and suggestions on national policies’ impact on biodiversity.

Question 18

What role can the IPBES play?

Answer 18

The platform eases knowledge transfer between countries. IPBES provides cutting-edge research on biodiversity and ecosystem services, which significantly influence societal actors eventually leading to more conscious national policies.

Question 19

Which are the arguments supporting biodiversity preservation?

Answer 19

• Biodiversity preservation is value-leaden. There are two main ideological arguments in favour:
  
  1. The instrumental value perspective refers to the value of biodiversity in the ways it serves humans, through for instance ecosystem services and economic benefits. This argument is built on the ethical concept ofanthropocentrism, which only considers humans and human fulfilment valuable in itself.
  2. The intrinsic value perspectiverefers to the value the environment has of itself and that nature should be protected for its own sake, independent of the ways it serves human interests. This is anon-anthropocentricargument since it extends the value of biodiversity to non-human organisms and other biological entities.

Question 20

What is the problem with these interpretations?

Answer 20

• Conflicting interpretations can obstruct policies’ implementation
• According to some researchers, market-based conservation leads to selling out on nature and consider the instrumental value perspective inadequate for effectively addressing conservation problems

Question 21

What is the oceans’ role in biodiversity/climate regimes?

Answer 21

• Oceans and coastal wetlands play a critical role incarbon sequestration: for example, wetlands store five times more carbon dioxide (CO2) than a terrestrial forest
• Ocean currents and temperatures considerablyaffect the global climate: warmer oceans mean stronger hurricanes and climate shifts in whole continents.

Question 22

What are the main threats to oceans’ preservation?

Answer 22

• Ocean acidification, overexploitation of fisheries, eutrophication, pollution ….
• Lack of knowledge: about 1 million marine species are still unknown; 99% of habitable marine areas lack biodiversity knowledge for their conservation

Question 23

Why is it difficult to regulate the high seas?

Answer 23

• The high seas, accounting for 64% of the global surface of seas and oceans, are beyond national jurisdictions.
• They are regulated by UNCLOS (1983), which accords the elements of marine biodiversity res nullius status, i.e. they can be freely appropriated

Question 24

Is there any ongoing political negotiation to solve these problems?

Answer 24

• Yes, in 2019, a zero draft of anew treaty text on the Conservation and Sustainable Use of Marine Biodiversity of Areas Beyond National Jurisdiction (BBNJ)
  has been initiated
• The Commission for the Conservation of Antarctic Marine Living Resources (CAAMLR) has not agreed yet on proposals to establish marine protected areas in the Weddell Sea, Antarctic Peninsula, and East Antarctic

Question 25

The oceans governance framework

Answer 25

1—The UN Convention on the Law of the Sea (UNCLOS) sets forth the rights and obligations of states regarding the use of the oceans, their resources, and the protection of the marine environment.
2—The International Seabed Authority (ISA) organizes and controls activities in the seabed and ocean floor and subsoil, beyond the limits of national jurisdiction.
3—The Convention on Biological Diversity (CBD)applies to processes and activities carried out by its parties in areas beyond national jurisdiction (ABNJ). The CBD has developed a process for designating ecologically or biologically significant marine areas (EBSAs), special areas in the ocean that support its healthy functioning.
4—Regional fisheries management organizations (RFMOs)have management powers to set catch limits and adopt conservation measures. Some manage all the fish stocks found in a specific area; others focus on particular highly-migratory species (notably tuna) across vast geographical areas.
5—The Food and Agriculture Organization (FAO)monitors compliance with conservation and management measures and the code of conduct for responsible fisheries. FAO further coordinates the Common Oceans ABNJ Programme.
6—The International Maritime Organizationhas responsibility for the safety and security of shipping and the prevention of marine and atmospheric pollution by ships. Its International Cable Protection Committee provides a forum for exchanging technical, legal, and environmental information to improve the security of undersea cables.

Question 26

What is BBNJ?

Answer 26

BBNJ stands for Biodiversity in Areas Beyond National Jurisdiction. Such areas amount to roughly 60% of Earth’s surface and call for immediate action
- CBD applies to activities carried out by its parties in BBNJ