Автор: Kateryna Nastechko, Post-graduate student of Koretsky Institute of State and Law
[Екологічне право. Земельне право. Аграрне право]
This article is aimed to analysis of biodiversity related conventions with aim to further development of protection of biodiversity in Ukraine.
CBD
The Convention on Biological Diversity(CBD) is an international treaty that was adopted at the Earth Summit in Rio de Janeiro in 1992. Its objective is to develop national strategies for the conservation and sustainable use of biological diversity. It is often seen as the key document regarding sustainable development.
Some of the many issues dealt with under the convention include: measures and incentives for the conservation and sustainable use of biological diversity; regulated access to genetic resources and traditional knowledge, including Prior Informed Consent of the party providing resources; sharing, in a fair and equitable way, the results of research and development and the benefits arising from the commercial and other utilization of genetic resources with the Contracting Party providing such resources (governments and/or local communities that provided the traditional knowledge or biodiversity resources utilized); access to and transfer of technology, including biotechnology, to the governments and/or local communities that provided traditional knowledge and/or biodiversity resources; technical and scientific cooperation; impact assessment; education and public awareness; provision of financial resources; national reporting on efforts to implement treaty commitments.
Transboundary movement of genetically modified organisms is addressed through the Cartagena Protocol on Biosafety of the Convention.
CITES
The Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) aims to ensure that international trade in specimens of wild animals and plants does not threaten their survival. Through its three appendices, the Convention accords varying degrees of protection to more than 30,000 plant and animal species.
CMS
The Convention on the Conservation of Migratory Species of Wild Animals (CMS or the Bonn Convention) aims to conserve terrestrial, marine and avian migratory species throughout their range. Parties to the CMS work together to conserve migratory species and their habitats by providing strict protection for the most endangered migratory species, by concluding regional multilateral agreements for the conservation and management of specific species or categories of species, and by undertaking co-operative research and conservation activities.
International Treaty on Plant Genetic Resources for Food and Agriculture
The objectives of the Treaty are 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, in harmony with the Convention on Biological Diversity, for sustainable agriculture and food security. The Treaty covers all plant genetic resources for food and agriculture, while its Multilateral System of Access and Benefit-sharing covers a specific list of 64 crops and forages. The Treaty also includes provisions on Farmers' Rights.
Ramsar
The Convention on Wetlands (popularly known as the Ramsar Convention) provides the framework for national action and international cooperation for the conservation and wise use of wetlands and their resources. The convention covers all aspects of wetland conservation and wise use, recognizing wetlands as ecosystems that are extremely important for biodiversity conservation in general and for the well-being of human communities.
WHC
The primary mission of the World Heritage Convention (WHC) is to identify and conserve the world's cultural and natural heritage, by drawing up a list of sites whose outstanding values should be preserved for all humanity and to ensure their protection through a closer co-operation among nations.
The Bern Convention
The Bern Convention on the Conservation of European Wildlife and Natural Habitats 1979, also known as the Bern Convention (or Berne Convention), came into force on June 1, 1982. The convention sets out to conserve wild flora and fauna and their natural habitats; promote co-operation between states; monitor and control endangered and vulnerable species; assist with the provision of assistance concerning legal and scientific issues.
The convention lead to the creation in 1998 of the Emerald network of Areas of Special Conservation Interest (ASCIs) throughout the territory of the parties to the convention, which operates alongside the European Union's Natura 2000 programme.
It also provides for the monitoring and control of endangered species, and the provision of assistance concerning legal and scientific issues.
The convention sets out appendices. Four appendices set out particular species for protection. They are regularly updated by the Standing Committee, who are advised by a number of Expert Groups.
Habitats Directive
The Habitats Directive (more formally known as Council Directive 92/43/EEC on the Conservation of natural habitats and of wild fauna and flora) is a European Union directive adopted in 1992 as an EU response to the Berne Convention. It is one of the EU's two directives in relation to wildlife and nature conservation, the other being the Birds Directive. It aims to protect some 220 habitats and approximately 1000 species listed in the directive's Annexes (Annex I covers habitats, Annexes II, IV & V species). These are species and habitats which are considered to be of European interest, following criteria given in the directive.
The Habitats Directive basically consists of two sets of rules. First, there is a section on the designation of special areas of conservation (SACs). Second, there is a section on species protection. Both sets of legal instruments fit in the framework for in situ conservation, laid down in Article 8 of the CBD.
The designation of special areas of conservation takes place in three steps. In the initial phase, Member States propose a list of sites that either host certain habitat types or certain endangered species.
Secondly, the European Commission decides which of the proposed sites will be declared "of Community importance".
During the final phase, Member States are obliged to designate the sites of Community importance as an SAC under national law once the Commission has made the selection of SCIs. Thus, the directive led to the setting up of a network of Special Areas of Conservation, which together with the existing Special Protection Areas form a network of protected sites across the European Union called Natura 2000.
Literature:
1. Verschuuren, Jonathan M. Implementation of the Convention on Biodiversity in Europe: 10 years of experience with the habitats directive. (Comments) / Journal of International Wildlife Law & Policy, September 22, 2002.
2. Gurdial, Singh Nijar. North undermining implementation of biodiversity convention/Third World Network at the Biodiversity Convention http://www.twnside.org.sg/title/nij-cn.htm
3. CEEweb for Biodiversity http://www.ceeweb.org
4. David Cooper The Millennium Ecosystem Assessment: Implications for the Convention on Biological Diversity/International Day for Biological Diversity and the Launch of the MA Biodiversity Synthesis McGill University, Montreal, May 19, 2005.
e-mail: knastechko@yandex.ru
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