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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?)

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Normative issues State sovereignty

Modified by ”common heritage”, ”common inheritance”, ”common interest”, ”common concern”, ”common property”, the controversial issue of indigenous peoples

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

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Extending rules to biodiversity? Draft articles on prevention

Do the general rules cover management of common resources? CBD art. 3

Example: hunting of wolves in Norway Precautionary principle

Extend to management measures? The danger of collapse of ecosystems

Prior informed consent GMOs, trade in endangered species, transfer of

genetic resources Common but differentiated responsibilities (Rio

princ. 7) Where is biodiversity located? Who benefit from

maintenance of biodiversity?

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Approaches to protection Biological resources vs. genetic resources Addressing individual threats

Hunting and exploitation Area protection Land use in general Pollution Alien species, including GMOs?

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 The issue of ”endemic” species, genes or ecosystems

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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

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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

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The rules of CBD II Making it profitable to conserve

biodiversity 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

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Other biodiversity conventions Bonn Convention (CMS) – example of a

”mixed” agreement Contains some obligations based on listing of

species in Appendix I Is a framework agreement for protocols

related to species listed in Appendix II Focus on conservation

Protection of species at regional level Setting common objectives Importance of institutional structures Importance of specific obligations -

appendices

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Treaties focusing on threats Habitat threats

Ramsar Convention, World Heritage Convention, some species specific conventions

Regional conventions – Bern Convention CITES

Agreement on the use of trade measures to protect the environment

To what extent is trade the problem? The broader importance of species listing in

CITES Fishing

Management cooperation Methods of fishing – driftnets

Alien species – Ballast water and GMOs

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IPR and biodiversity To what extent can genetic resources be an

incentive for biodiversity protection? Art. 1 and 15 of CBD – the issue of ”benefit

sharing” The International Treaty on Plant Genetic

Resources for Food and Agriculture – Gene banks Establishing exclusive property rights to

genetic resources The issue of ”inventive step” The issue of industrial applicability The problem of additional conditions for patents Development of multilateral patents

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Climate change and biodiversity The ”sinks” issue

Forests as a sink, and forestry as part of the CDM – essential incentives

The biofuel issue Promoting biofuels – Implication of flexibility

mechanisms: ETS and CDM Biodiversity challenges

Expanding agriculture New agricultural practices? New challenges concerning varieties of species How are these challenges addressed at the

international level? The weakness of the CBD – focus on

sovereignty