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Introduction to biodiversity

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?

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Introduction to biodiversity

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  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” • 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. The variety of international law • Addressing individual threats • Hunting and exploitation • Area protection • Land use in general • Pollution • Alien species • 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

  4. 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

  5. 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

  6. The rules of CBD II • 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

  7. GMOs • What distinguishes GMOs from other organisms? • GMOs and genetic resources • Benefits of GM-technology • Problems generated by GMOs • Is there a need for special rules concerning GMOs? • The precautionary principle and GMOs • What kinds of potential harm, and how serious is the potensial harm? • How likely is it that serious harm will occur? • How significant is the lack of knowledge? • Consistency in acceptable level of risk

  8. The main elements of the Protocol I • Advance informed agreement (art. 7) • Scope • Only applicable to living organisms • Not applicable to GMOs intended for food, feed or processing • Procedures for exempting products from the procedure • Risk assessment to be produced by exporter • Not a ”minimum requirement” – countries may adopt more open systems for import • Labelling – obligation to identify, art. 18

  9. Main elements II • GMOs for food, feed and processing • Biosafety Clearing-House – info concerning domestic decisions and risk assessments • Individual decisions by potential importers • Special rules for countries without domestic legislation • Labelling: Art. 18 and MOP decision III/10 – no clear obligation, ”may contain” • Decision based on risks to health and environment • Risk assessment – who is responsible? Art. 15 • Remaining uncertainty • What about socio-economic factors? Art 26

  10. Main elements III • Compliance mechanism • Limited possibility of triggering • Started to review on the basis of national reports • Liability regime • The challenges with regard to liability regimes in general • Status under the Protocol – not yet finalized

  11. Relationship to other treaties • Trade treaties • The Agreement on Sanitary and Phytosanitary Measures vs. the Agreement on Technical Barriers to Trade vs. GATT • Internal regulation or trade restrictions? • The role of science and burden of proof • The ”necessity” test • Institutions aiming at harmonization of domestic policies • Codex Alimentarius Commission, International Plant Protection Convention, Office International d’Epizootie (World Organization for Animal Health) • Competing or cooperating? • Relationship to WTO

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