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Biodiversity is a matter of international concern.
The character of biodiversity demands that it is managed
in an international context including commitment and
policy development. Local legislation should thus emerge
from internationally co-ordinated conventions.
The Convention on Biological Diversity
In 1992, the largest-ever meeting of world leaders
took place at the United Nations Conference on Environment
and Development in Rio de Janeiro, Brazil. An historic
set of agreements was signed at the "Earth Summit",
including two binding agreements, the Convention on
Climate Change, which targets industrial and other emissions
of greenhouse gases such as carbon dioxide, and the
Convention on Biological Diversity, the first global
agreement on the conservation and sustainable use of
biological diversity. The biodiversity treaty gained
rapid and widespread acceptance. Over 150 governments
signed the document at the Rio conference, and since
then more than 175 countries have ratified the agreement.
The Convention has three main goals:
- The conservation of biodiversity,
- Sustainable use of the components of biodiversity,
and
- Sharing the benefits arising from the commercial
and other utilization of genetic resources in a fair
and equitable way
The Convention is comprehensive in its goals, and deals
with an issue so vital to humanity's future, that it
stands as a landmark in international law. It recognizes-for
the first time-that the conservation of biological diversity
is "a common concern of humankind" and is
an integral part of the development process. The agreement
covers all ecosystems, species, and genetic resources.
It links traditional conservation efforts to the economic
goal of using biological resources sustainably. It sets
principles for the fair and equitable sharing of the
benefits arising from the use of genetic resources,
notably those destined for commercial use. It also covers
the rapidly expanding field of biotechnology, addressing
technology development and transfer, benefit-sharing
and biosafety. Importantly, the Convention is legally
binding; countries that join it are obliged to implement
its provisions.
More information on the Convention
on Biological Diversity can be found here.
Local legislation
Local legislation is often present from the past. However,
globalisation and the related problems due to climate
change request for internationally co-ordinated action.
Ideally, this will result in intenational agreements
with commitment and enforcement by governments on local
level.
It is a complex and time consuming task to develop
local legislation in that framework. The following list
provides an overview of legislation and measures that
can be developed. It goes without saying that (international
and national) co-ordination of these methods are essential
for having an efficient and effective national legislative
framework.
Customary
and traditional legal measures
National
legislation
Regulatory
measures
Species-orientated
legal measures
Regulating
use of protected areas
Land-use
planning legislation
Legal
protection of representative habitat types
Regulating
processes and activities detrimental to biodiversity
Regulating
access to genetic resources
Procedures
for conserving biodiversity
International
law
Regional
and sectoral treaties
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