Convention on Biodiversity

Question 1

Facts from IPBES 2019 Summary for Policymakers

Answer 1

• avg of around 25% of species assessed in animal + plant groups threatened -> suggests around 1 million species face extinction, many w/in decades
• w/o action to reduce intensity of drivers of biodiversity loss, will see acceleration of global rate of species extinction -> already tens to hundreds of times higher than avg over past 10 million yrs
• biodiversity declining faster than at any time in human history

Question 2

IPBES 2019 Summary for Policymakers - Drivers of Biodiversity Loss

Answer 2

• changes in land and sea use
• direct exploitation of organisms
• climate change
• pollution
• invasive species

Question 3

Why should we worry about the protection and conservation of species?

Answer 3

• intrinsic value of species
• morality - if we are the cause of the harm, we have some obligation to address it
• ecosystem services (human civilization + survival depends on ecosystems)
• direct services (drugs, medicines, biotechnology, broader commodification)
• scientific knowledge
• evolutionary aspect (takes a long time for biodiversity to develop, can’t quickly replace what we’re losing)

Question 4

Why focus on biodiversity as opposed to particular species?

Answer 4

• complexity of ecology
• difficulty of anticipating utility of any given species
• advocacy/consensus -> rhetorically expanding scope of what you’re arguing to protect
• int law perspective - biodiversity = easier to argue common concern, vs. individual species more likely to run into state sovereignty issues (need some kind of justification as to why this is an international issue rather than interfering with what could be perceived as another state’s natural resources)

Question 5

Biodiversity - General Concept

Answer 5

• multiple levels - genetic diversity within a species, species diversity in comparison to others, ecosystem diversity
  -> at each level, diversity important for redundancy + resilience
• also important not think of just numbers in the abstract (Prof’s point about introducing rats to island ecosystem - arguably increased diversity but not in a great way)

Question 6

Ways of Addressing Biodiversity Crisis

Answer 6

• importance of recognizing own inability to predict/anticipate + control particular ecosystem interactions + think about root causes
• particular species - possibly focus on keystone species or umbrella species
• landscape level protection - protecting certain kinds of ecosystems

Question 7

Convention on Biological Diversity - Article 1

Answer 7

Sets out objectives:

• “conservation of biological diversity”
• “sustainable use of its components”
• “fair and equitable sharing of the benefits arising out of the utilization of genetic resources, including by appropriate access to genetic resources and by appropriate transfer of relevant technologies, taking into account all rights over those resources and to technologies, and by appropriate funding”

Question 8

Convention on Biological Diversity Article 1- What does this say about how we’re thinking about biodiversity?

Answer 8

• not purely conservation stance + concern for species + ecosystems
• more thinking about biodiversity in terms of use - assumption of commodification built into the language about equitable sharing of benefits
• not really thinking about intrinsic value
• balance between objective of biodiversity conservation (pushed for by global North) + South’s emphasis on sustainable use of biological resources, benefit-sharing re biotechnologies, + new financial support

Question 9

Convention on Biological Diversity - Preamble - Main Points

Answer 9

• acknowledges intrinsic value of biodiversity + role in maintaining “life-sustaining systems of the biosphere”
• acknowledgement + + implicit assumption that biological resources + their use will be a part of the equation for protection

Tension of who controls biodiversity:
- reaffirms states’ rights over biological resources
- makes biodiversity conservation common concern rather than common heritage
-> ties into the commitments - biological resources still control of sovereign, vs. common heritage would’ve meant biodiversity subject to control of all

Question 10

Convention on Biological Diversity - Preamble Text

Answer 10

“Conscious of the intrinsic value of biological diversity and of the ecological, genetic, social, economic, scientific, educational, cultural, recreational and aesthetic values of biological diversity and its components,

Conscious also of the importance of biological diversity for evolution and for maintaining life sustaining systems of the biosphere,

Affirming that the conservation of biological diversity is a common concern of humankind,

Reaffirming that States have sovereign rights over their own biological resources,

Reaffirming also that States are responsible for conserving their biological diversity and for using their biological resources in a sustainable manner,…

Noting also that 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,”

Question 11

CBD - Article 2 - Biological Diversity

Answer 11

• Article 2 defines terms for CBD
• Biological diversity defined as: “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.”

-> focusing on the variability

Question 12

CBD - Article 2 - Biological Resources

Answer 12

• defined as “includes genetic resources, organisms or parts thereof, populations, or any other biotic component of ecosystems with actual or potential use or value for humanity.”
• focused on the components rather than the variability -> means the variability = common concern, but the components are subject to sovereign control

Question 13

Convention on Biological Diversity - Three Broad Strategies

Answer 13

• promoting biodiversity conservation and sustainable use through national law and policy
• creating an international institutional structure to support implementation and achievement of the Convention’s objectives
• establishing a set of principles for the international exchange of genetic resources + the biotechnologies derived from them

Question 14

Ex-Situ vs. In-Situ

Answer 14

• definitions in Article 2
• ex-situ conservation = “conservation of components of biological diversity outside their natural habitats”
• in situ conditions = “conditions where genetic resources exist within ecosystems and natural habitats, and, in the case of domesticated or cultivated species, in the surroundings where they have developed their distinctive properties”
• implicit understanding of difference between “natural” env + gene bank (not just about preserving genetic diversity, but also thinking about conservation and biodiversity in natural spaces)

Question 15

CBD- Article 3

Answer 15

• emphasizing permanent sovereignty over natural resources (although also responsibility not to cause transboundary harm)
• clear statement that although biodiversity has international implications + might trigger international action, it is not designed to allow for intrusion of international community into things happening within the boundaries of the state (not intended to undermine fundamental principles of state sovereignty)
  -> shapes obligations + commitments of the Parties in CBD

“States have, in accordance with the Charter of the United Nations and the principles of international law, the sovereign right to exploit their own resources pursuant to their own environmental policies, and the responsibility to ensure that activities within their jurisdiction or control do not cause damage to the environment of other States or of areas beyond the limits of national jurisdiction.”

Question 16

CBD - Key Conservation Provisions

Answer 16

• Article 6 - General Measures for Conservation and Sustainable Use
• Article 7 - Identification and Monitoring
• Article 8 - In-Situ Conservation
• Article 9 - Ex-Situ Conservation
• Article 10 - Sustainable Use of Components of Biological Diversity
• Article 14 - Impact Assessment and Minimizing Adverse Impacts

Question 17

CBD - Article 6 - General Function

Answer 17

Contains two core requirements:
- to create a national strategy, plan, or program for conserving biodiversity
- to integrate biodiversity conservation into economic planning

BUT qualified by text like “in accordance with its particular conditions and capabilities” and ““as far as possible and as appropriate”
-> also still has language of “sustainable use” alongside conservation

Question 18

CBD - Development of Biodiversity Conservation Plans

Answer 18

• required under Article 6
• plan is supposed to set clear objectives + priorities for biodiversity in the country
  -> countries also supposed to evaluate existing policy and institutional framework to ensure that biodiversity conservation is given sufficient priority

Question 19

CBD - Article 6 - Text

Answer 19

“Each Contracting Party shall, in accordance with its particular conditions and capabilities:
(a) Develop national strategies, plans or programmes for the conservation and sustainable use of biological diversity or adapt for this purpose existing strategies, plans or programmes which shall reflect, inter alia, the measures set out in this Convention relevant to the Contracting Party concerned; and
(b) Integrate, as far as possible and as appropriate, the conservation and sustainable use of biological diversity into relevant sectoral or cross-sectoral plans, programmes and policies.”

Question 20

CBD Article 6 and Paris Agreement

Answer 20

• somewhat similar to the extent that both employ the national planning approach
• require you to make some kind of plan, but each state gets to say what its own plan involves
• Prof noted CBD was somewhat of an outlier until Paris, but then Paris adopted a similar approach

Question 21

CBD Article 7

Answer 21

• Identification and Monitoring
• important for making sure you have the scientific information for the plans in Article 6 + making sure the plans are consistent with the info
• also qualified by the “as far as possible and as appropriate language”

Question 22

CBD Article 7 - Components

Answer 22

Three components:
- identify components of biological diversity important for conservation + sustainable use
- monitor the components of biological diversity identified, w/ particular attention to those “requiring urgent conservation measures” AND those w/ “greatest potential for sustainable use”
- identify processes + categories of activities likely to have significant adverse impacts on conservation + sustainable use of biodiversity + monitor their effects

Question 23

“As Far as Possible and As Appropriate” Language

Answer 23

• appears MANY places in CBD
• acknowledges potential differences in capacity
• but also concern of “soft law” within this treaty
• the verb “shall” technically suggests some obligation (the commitments do exist) but the commitments are all modified (it’s ultimately up to the states to determine what they do)
• potential necessity of this language - issues of permanent sovereignty, otherwise this treaty would have huge implications for interference in internal concerns
• concern over connection to commodification of nature (commitments arguably only defined when it comes to the commodification of resources)

Question 24

CBD - Article 8 - General Significance

Answer 24

• In-Situ Conservation
• Prof referred to this section as the core of the conservation approach
• focused on using protected areas as a means of conservation
  -> discussion of establishing system of protected areas, regulating or managing biological resources, restoring degraded ecosystems + promoting species recovery, invasive species
• (k) also discusses leg/reg for protecting threatened species
• still comes with the limiting language discussed above, + still putting burden on the states to come up w/ own internal mechanisms for protection

Question 25

CBD - Article 8 Text

Answer 25

“Each Contracting Party shall, as far as possible and as appropriate:
(a) Establish a system of protected areas or areas where special measures need to be taken to conserve biological diversity;
(b) Develop, where necessary, guidelines for the selection, establishment and management of protected areas or areas where special measures need to be taken to conserve biological diversity;
(c) Regulate or manage biological resources important for the conservation of biological diversity whether within or outside protected areas, with a view to ensuring their conservation and sustainable use;
(d) Promote the protection of ecosystems, natural habitats and the maintenance of viable populations of species in natural surroundings;
(e) Promote environmentally sound and sustainable development in areas adjacent to protected areas with a view to furthering protection of these areas;
(f) Rehabilitate and restore degraded ecosystems and promote the recovery of threatened species, inter alia, through the development and implementation of plans or other management strategies;
(g) Establish or maintain means to regulate, manage or control the risks associated with the use and release of living modified organisms resulting from biotechnology which are likely to have adverse environmental impacts that could affect the conservation and sustainable use of biological diversity, taking also into account the risks to human health;
(h) Prevent the introduction of, control or eradicate those alien species which threaten ecosystems, habitats or species;
(i) Endeavour to provide the conditions needed for compatibility between present uses and the conservation of biological diversity and the sustainable use of its components;
(j) Subject to its national legislation, respect, preserve and maintain knowledge, innovations and practices of indigenous and local communities embodying traditional lifestyles relevant for the conservation and sustainable use of biological diversity and promote their wider application with the approval and involvement of the holders of such knowledge, innovations and practices and encourage the equitable sharing of the benefits arising from the utilization of such knowledge, innovations and practices;
(k) Develop or maintain necessary legislation and/or other regulatory provisions for the protection of threatened species and populations;
(l) Where a significant adverse effect on biological diversity has been determined pursuant to Article 7, regulate or manage the relevant processes and categories of activities; and
(m) Cooperate in providing financial and other support for in-situ conservation outlined in subparagraphs (a) to (l) above, particularly to developing countries.”

Question 26

CBD - Article 8(j)

Answer 26

• discusses Indigenous + traditional knowledge
• respect, preserve + maintain knowledge + practices “relevant for the conservation and sustainable use of” biodiversity
• promote wider application “with the approval and involvement” of those communities
• “encourage the equitable sharing of the benefits”

“Subject to its national legislation, respect, preserve and maintain knowledge, innovations and practices of indigenous and local communities embodying traditional lifestyles relevant for the conservation and sustainable use of biological diversity and promote their wider application with the approval and involvement of the holders of such knowledge, innovations and practices and encourage the equitable sharing of the benefits arising from the utilization of such knowledge, innovations and practices;”

Question 27

CBD - Article 9

Answer 27

• Ex Situ Conservation
• recognizing that some of the components of biological diversity are outside their natural habitat + there’s still a desire to protect, even not necessarily for use
• also emphasizes “predominantly for the purpose of complementing in-situ measures”

Question 28

CBD - Article 10

Answer 28

• Sustainable Use of Components of Biological Diversity
• some talk of conservation, but discusses it alongside concept of sustainable use

Question 29

CBD - Article 14

Answer 29

• Impact Assessment and Minimizing Adverse Impacts
• “Each Contracting Party…shall: (a) Introduce appropriate procedures requiring environmental impact assessment of its proposed projects that are likely to have significant adverse effects on biological diversity with a view to avoiding or minimizing such effects and, where appropriate, allow for public participation in such procedures”
• Prof says this is one of the procedural requirements that’s easier to identify + hold states accountable for (she says combination in the convention of phrases that weaken/soften the obligations + more emphasis on reqs that are more procedural in nature, easier to identify compliance w/ + get states to sign on)
• does still include the qualifying language though

Question 30

Kunming-Montreal Global Biodiversity Framework

Answer 30

• December 2022
• opening statement from the parties to the Convention on Biological Diversity – talking about biodiversity not just in the bioprospecting context but more in the broader reasons for protection
• goals - there’s technically still some concept of sharing of benefits in Goal C, but Goal A emphasized protecting ecosystems + halting human-induced extinctions (broader vision of biodiversity conservation than just bioprospecting)

Question 31

CBD - Tension with Protocols

Answer 31

• two focused on in book - Nagoya and Cartagena
• neither of these really address the mass extinction crisis we’re currently facing though

Question 32

Ecosystem Approach

Answer 32

• Prof mentioned as something the Parties have been thinking about
• “The Ecosystem Approach is a strategy for the integrated management of land, water and living resources that promotes conservation and sustainable use in an equitable way. It is based on the application of scientific methodologies focused on levels of biological organization which encompass the essential processes, functions and interactions among organisms and their environment. It recognizes that humans, with their cultural diversity, are an integral component of ecosystems. The Ecosystem Approach can be understood in terms of its 12 Principles and five points of operational guidance”

Question 33

IPBES 2022 Report

Answer 33

• entitled “The Diverse Values and Valuation of Nature”
• overall point seems to be emphasizing importance of considering non-market value
• Many ways in which people interact w/, benefit from, gain identity from, etc. all parts of biodiversity