Professional Documents
Culture Documents
International Treaties and Conventions Castillo | Saligue | Santos | Sison | Torres | Yepes B-1
PAMANTASAN NG LUNGSOD NG MAYNILA
University of the City of Manila
College of Engineering and Technology
Department of Chemical Engineering
TABLE OF CONTENTS
International Treaties and Conventions Castillo | Saligue | Santos | Sison | Torres | Yepes B-2
PAMANTASAN NG LUNGSOD NG MAYNILA
University of the City of Manila
College of Engineering and Technology
Department of Chemical Engineering
EARTH SUMMIT
The United Nations Conference on Environment and Development
(UNCED), otherwise known as the Earth Summit, was held in Rio de Janeiro,
Brazil, 3 to 14 June 1992, attended by representatives from over 178
governments.
International Treaties and Conventions Castillo | Saligue | Santos | Sison | Torres | Yepes B-3
PAMANTASAN NG LUNGSOD NG MAYNILA
University of the City of Manila
College of Engineering and Technology
Department of Chemical Engineering
Governments, and Major Groups in every area in which human impacts on the
environment.
AGENDA 21
Agenda 21 is an environmental action plan for the next century. It is not
legally binding but forms the basis for a new international partnership for
sustainable development and environmental protection worldwide.
International Treaties and Conventions Castillo | Saligue | Santos | Sison | Torres | Yepes B-5
PAMANTASAN NG LUNGSOD NG MAYNILA
University of the City of Manila
College of Engineering and Technology
Department of Chemical Engineering
The final major area of contention concerned who would oversee the
implementation and finances of Agenda 21. Most countries wanted the
establishment of a new UN monitoring agency to be called the Commission for
Sustainable Development. This was finally agreed to, but the details of
implementation have not yet been determined. A recommendation that funding
be handled by the Global Environmental Facility (GEF) met with opposition from
the Third World, whose concerns were based on the GEF's connection to the
World Bank and thus the industrialized world. The World Bank's environmental
record has been poor, and the Third World has had little influence over it in the
past. In the compromise agreed to the funds will be directed through a variety of
entities including the GEF, regional banks and bilateral aid.
Delegates largely avoided the population issue and its relation to poverty
and development. Dr. George Carey, the Archbishop of Canterbury, had hoped
that his statements on Rome's doctrinal opposition to artificial birth control
would help put the issue on to the agenda at the Earth Summit, in spite of the
Vatican's efforts to keep it off. The argument that the population increase in the
Third World is no more damaging than that in the developed world has some
merit; a child in the west will consume 18 times more than a child in the
developing world. On the other hand, it is naive to believe that the population
crisis is not a large problem and the cause of much environmental degradation.
The developing world must slow its population growth and the developed world
must use fewer resources per person. Both approaches are important.
Overview of Agenda 21
The preamble and the following eight chapters consider the challenges that the
adaptation of human behaviour to sustainable development pose to prevailing
social and economic structures and institutions.
1. PREAMBLE
Calls for a global partnership to provide a dynamic and growing world economy
based on an "...open, equitable, secure, non-discriminatory, and predictable
multilateral trading system," in which commodity exports of the developing
countries can find markets at fair prices free of tariff and nontariff barriers.
3. COMBATING POVERTY
"One of the most serious problems now facing the planet is that associated with
historical patterns of unsustainable consumption, and production, particularly
in the industrialized countries." Social research and policy should bring forward
new concepts of status and lifestyles which are "less dependent on the Earth's
finite resources and more in harmony with its carrying capacity." Greater
efficiency in the use of energy and resources--for example, reducing wasteful
packaging of products-- must be sought by new technology and new social
values.
Calls for meeting basic health needs of all populations; provide necessary
specialized environmental health services; co-ordinate involvement of citizens,
and the health sector, in solutions to health problems. Health service coverage
should be achieved for population groups in greatest need, particularly those
living in rural areas. The preventative measures urged include reckoning with
urban health hazards and risks from environmental pollution.
The environment itself is the subject of chapters 9 through 22, dealing with the
conservation and management of resources for development.
International Treaties and Conventions Castillo | Saligue | Santos | Sison | Torres | Yepes B-9
PAMANTASAN NG LUNGSOD NG MAYNILA
University of the City of Manila
College of Engineering and Technology
Department of Chemical Engineering
Calls on governments to develop policies that take into account the land-
resource base, population changes, and the interests of local people; improve
and enforce laws and regulations to support the sustainable use of land, and
restrict the transfer of productive arable land to other uses; use techniques such
as landscape ecological planning that focus on an ecosystem or a watershed, and
encourage sustainable livelihoods; include appropriate traditional and
indigenous land-use practices, such as pastoralism, traditional land reserves,
and terraced agriculture in land management; encourage the active participation
in decision-making of those affected groups that have often been excluded, such
as women, youth, indigenous people, and other local communities; test ways of
putting the value of land and ecosystems into national reports on economic
performance; ensure that institutions that deal with land and natural resources
integrate environmental, social, and economic issues into planning.
International Treaties and Conventions Castillo | Saligue | Santos | Sison | Torres | Yepes B-10
PAMANTASAN NG LUNGSOD NG MAYNILA
University of the City of Manila
College of Engineering and Technology
Department of Chemical Engineering
Calls for intensive study of the process in its relation to world climate change to
improve forecasting, study of natural vegetation succession to support large-
scale revegetation and afforestation, checking and reversal of erosion, and like
small-and grand-scale measures. For inhabitants whose perilously adapted
livelihoods are threatened or erased, resettlement and adaptation to new life
ways must be assisted. Governments must: adopt national sustainable landuse
plans and sustainable management of water resources; accelerate planting
programs; and help to reduce the demand for fuelwood through energy efficiency
and alternative energy programs.
Calls for study, protection, and restoration of these fragile ecosystems and
assistance to populations in regions suffering degradation. Governments should:
promote erosion-control measures that are low-cost, simple, and easily used;
offer people incentives to conserve resources and use environment-friendly
technologies; produce information on alternative livelihoods; create protected
areas to save wild genetic material; identify hazardous areas that are most
vulnerable to erosion floods, landslides, earthquakes, snow avalanches, and
other natural hazards and develop early-warning systems and disaster-response
teams; identify mountain areas threatened by air pollution from neighbouring
industrial and urban areas; and create centres of information on mountain
ecosystems.
Rising population food needs must be met through: increased productivity and
co-operation involving rural people, national governments, the private sector,
and the international community; wider access to techniques for reducing food
spoilage, loss to pests, and for conserving soil and water resources; ecosystem
planning; access of private ownership and fair market prices; advice and training
in modern and indigenous conservation techniques including conservation
tillage, integrated pest management, crop rotation, use of plant nutrients,
International Treaties and Conventions Castillo | Saligue | Santos | Sison | Torres | Yepes B-11
PAMANTASAN NG LUNGSOD NG MAYNILA
University of the City of Manila
College of Engineering and Technology
Department of Chemical Engineering
agroforestry, terracing and mixed cropping; and better use and equitable
distribution of information on plant and animal genetic resources.
Recognizing the need to conserve and maintain genes, species, and ecosystems,
urges nations, with the co-operation of the United Nations, nongovernmental
organizations, the private sector, and financial institutions, to: conduct national
assessments on the state of biodiversity; develop national strategies to conserve
and sustain biological diversity and make these part of overall national
development strategies; conduct long-term research into importance of
biodiversity for ecosystems that produce goods and environmental benefits;
protect natural habitats; encourage traditional methods of agriculture,
agroforestry, forestry, range and wildlife management which use, maintain, or
increase biodiversity.
Calls for the transfer of biotechnology to the developing countries and the
creation of the infrastructure of human capacity and institutions to put it to
work there. Highlights need for internationally agreed principles on risk
assessment and management of all aspects of biotechnology, to: improve
productivity and the nutritional quality and shelf-life of food and animal feed
products; develop vaccines and techniques for preventing the spread of diseases
and toxins; increase crop resistance to diseases and pests, so that there will be
less need for chemical pesticides; develop safe and effective methods for the
biological control of disease-transmitting insects, especially those resistant to
pesticides; contribute to soil fertility; treat sewage, organic chemical wastes, and
oil spills more cheaply and effectively than conventional methods; and tap
mineral resources in ways that cause less environmental damage.
Sets out goals and programs under which nations may conserve "their" oceanic
resources for their own and the benefit of the nations that share oceans with
them, and international programs that may protect the residual commons in the
interests even of land-locked nations, such as: anticipate and prevent further
degradation of the marine environment and reduce the risk of long-term or
irreversible effects on the oceans; ensure prior assessment of activities that may
International Treaties and Conventions Castillo | Saligue | Santos | Sison | Torres | Yepes B-12
PAMANTASAN NG LUNGSOD NG MAYNILA
University of the City of Manila
College of Engineering and Technology
Department of Chemical Engineering
Seeks objectives such as: full evaluation of 500 chemicals before the year 2000;
control of chemical hazards through pollution prevention, emission inventories,
product labelling; use limitations, procedures for safe handling and exposure
regulations; phase-out or banning of high-risk chemicals; consideration of
policies based on the principle of producer liability; reduced risk by using less-
toxic or non-chemical technologies; review of pesticides whose acceptance was
based on criteria now recognized as insufficient or outdated; efforts to replace
chemicals with other pest-control methods such as biological control; provision
to the public of information on chemical hazards in the languages of those who
use the materials; development of a chemical-hazard labelling system using
International Treaties and Conventions Castillo | Saligue | Santos | Sison | Torres | Yepes B-13
PAMANTASAN NG LUNGSOD NG MAYNILA
University of the City of Manila
College of Engineering and Technology
Department of Chemical Engineering
Seeks international support in restraint of the trade and for containing the
hazardous cargoes in safe sinks. Governments should: require and assist in the
innovation by industry of cleaner production methods and of preventive and
recycling technologies; encourage the phasing out of processes that produce high
risks because of hazardous waste management; hold producers responsible for
the environmentally unsound disposal of the hazardous wastes they generate;
establish public information programs and ensure that training programs
provided for industry and government workers on hazardous-waste issues,
especially use minimization; build treatment centres for hazardous wastes,
either at the national or regional level; ensure that the military conforms to
national environmental norms for hazardous-waste treatment and disposal; ban
the export of hazardous wastes to countries that are not equipped to deal with
those wastes. Industry should: treat, recycle, reuse, and dispose of wastes at or
close to the site where they are created.
The issues of how people are to be mobilized and empowered for their various
roles in sustainable development are addressed in chapters 23 through 32.
23. PREAMBLE
Urges governments to face the status question; give girls equal access to
education; reduce the workloads of girls and women; make health-care systems
responsive to female needs; open employment and careers to women; and bring
women into full participation in social, cultural, and public life. Governments
should: ensure a role for women in national and international ecosystem
management and control of environmental degradation; ensure women's access
to property rights, as well as agricultural inputs and implements; take all
necessary measures to eliminate violence against women, and work to eliminate
persistent negative images, stereotypes, and attitudes, and prejudices against
women; develop consumer awareness among women to reduce or eliminate
unsustainable consumption; and begin to count the value of unpaid work.
Calls on governments, by the year 2000, to ensure that 50% of their youth,
gender balanced, have access to secondary education or vocational training;
International Treaties and Conventions Castillo | Saligue | Santos | Sison | Torres | Yepes B-15
PAMANTASAN NG LUNGSOD NG MAYNILA
University of the City of Manila
College of Engineering and Technology
Department of Chemical Engineering
Calls on governments and the United Nations system to: invite nongovernmental
groups to be involved in making policies and decisions on sustainable
development; make NGOs a part of the review process and evaluation of
implementing Agenda 21; provide NGOs with timely access to information;
encourage partnerships between NGOs and local authorities; review financial
and administrative support for NGOs; utilize NGO expertise and information;
and create laws enabling NGOs the right to take legal action to protect the public
interest.
Calls on governments to: use economic incentives, laws, standards, and more
streamlined administration to promote sustainably managed enterprises with
cleaner production; encourage the creation of venture-capital funds; and co-
operate with business, industry, academia, and international organizations to
support training in the environmental aspects of enterprise management.
Business and industry should: develop policies that result in operations and
products that have lower environmental impacts; ensure responsible and ethical
management of products and processes from the point of view of health, safety,
and the environment; make environmentally sound technologies available to
affiliates in developing countries without prohibitive charges; encourage overseas
affiliates to modify procedures in order to reflect local ecological conditions and
share information with governments; create partnerships to help people in
smaller companies learn business skills; establish national councils for
sustainable development, both in the formal business community and in the
informal sector, which includes small-scale businesses, such as artisans;
increase research and development of environmentally sound technologies and
environmental management systems; report annually on their environmental
International Treaties and Conventions Castillo | Saligue | Santos | Sison | Torres | Yepes B-17
PAMANTASAN NG LUNGSOD NG MAYNILA
University of the City of Manila
College of Engineering and Technology
Department of Chemical Engineering
Chapters 33 through 40 deal with the ways and means of implementing Agenda
21.
International Treaties and Conventions Castillo | Saligue | Santos | Sison | Torres | Yepes B-18
PAMANTASAN NG LUNGSOD NG MAYNILA
University of the City of Manila
College of Engineering and Technology
Department of Chemical Engineering
Economic assistance would move from the developed to the developing counties
principally in the form of technology. Developing countries would be assisted in
gaining access to technology and know-how in the public domain and to that
protected by intellectual property rights as well, "taking into account
developments in the process of negotiating an international code of conduct on
the transfer of technology" proceeding under the United Nations Agreement on
Tariffs and Trade. To enhance access of developing countries to environmentally
sound technology, a collaborative network of laboratories is to be established.
International Treaties and Conventions Castillo | Saligue | Santos | Sison | Torres | Yepes B-19
PAMANTASAN NG LUNGSOD NG MAYNILA
University of the City of Manila
College of Engineering and Technology
Department of Chemical Engineering
the links between the state of ecosystems and human health when weighing the
costs and benefits of different development policies, and conduct scientific
studies to help map our national and regional pathways to sustainable
development. When sustainable development plans are being make, the public
should be involved in setting long-term goals for society.
International Treaties and Conventions Castillo | Saligue | Santos | Sison | Torres | Yepes B-20
PAMANTASAN NG LUNGSOD NG MAYNILA
University of the City of Manila
College of Engineering and Technology
Department of Chemical Engineering
Calls on governments to ensure that local communities and resource users get
the information and skills needed to manage their environment and resources
sustainably, including application of traditional and indigenous knowledge;
more information about the status of urban air, fresh water, land resources,
desertification, soil degradation, biodiversity, the high seas, and the upper
atmosphere; more information about population, urbanization, poverty, health,
International Treaties and Conventions Castillo | Saligue | Santos | Sison | Torres | Yepes B-21
PAMANTASAN NG LUNGSOD NG MAYNILA
University of the City of Manila
College of Engineering and Technology
Department of Chemical Engineering
PREAMBLE
With the goal of establishing a new and equitable global partnership through the
creation of new levels of co-operation among States, key sectors of societies and
people,
Working towards international agreements which respect the interests of all and
protect the integrity of the global environmental and developmental system,
Recognizing the integral and interdependent nature of the Earth, our home,
Proclaims that:
PRINCIPLE 1
International Treaties and Conventions Castillo | Saligue | Santos | Sison | Torres | Yepes B-22
PAMANTASAN NG LUNGSOD NG MAYNILA
University of the City of Manila
College of Engineering and Technology
Department of Chemical Engineering
Human beings are at the centre of concerns for sustainable development. They
are entitled to a healthy and productive life in harmony with nature.
PRINCIPLE 2
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 and developmental 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.
PRINCIPLE 3
PRINCIPLE 4
PRINCIPLE 5
All States and all people shall co-operate in the essential task of eradicating
poverty as an indispensable requirement for sustainable development, in order
to decrease the disparities in standards of living and better meet the needs of the
majority of the people of the world.
PRINCIPLE 6
The special situation and needs of developing countries, particularly the least
developed and those most environmentally vulnerable, shall be given special
priority. International actions in the field of environment and development
should also address the interests and needs of all countries.
PRINCIPLE 7
International Treaties and Conventions Castillo | Saligue | Santos | Sison | Torres | Yepes B-23
PAMANTASAN NG LUNGSOD NG MAYNILA
University of the City of Manila
College of Engineering and Technology
Department of Chemical Engineering
PRINCIPLE 8
To achieve sustainable development and a higher quality of life for all people,
States should reduce and eliminate unsustainable patterns of production and
consumption and promote appropriate demographic policies.
PRINCIPLE 9
PRINCIPLE 10
Environmental issues are best handled with the participation of all concerned
citizens, at the relevant level. At the national level, each individual shall have
appropriate access to information concerning the environment that is held by
public authorities, including information on hazardous materials and activities
in their communities, and the opportunity to participate in decision-making
processes. States shall facilitate and encourage public awareness and
participation by making information widely available. Effective access to judicial
and administrative proceedings, including redress and remedy, shall be
provided.
PRINCIPLE 11
International Treaties and Conventions Castillo | Saligue | Santos | Sison | Torres | Yepes B-24
PAMANTASAN NG LUNGSOD NG MAYNILA
University of the City of Manila
College of Engineering and Technology
Department of Chemical Engineering
PRINCIPLE 12
PRINCIPLE 13
States shall develop national law regarding liability and compensation for the
victims of pollution and other environmental damage. States shall also co-
operate in an expeditious and more determined manner to develop further
international law regarding liability and compensation for adverse effects of
environmental damage caused by activities within their jurisdiction or control to
areas beyond their jurisdiction.
PRINCIPLE 14
PRINCIPLE 15
PRINCIPLE 16
International Treaties and Conventions Castillo | Saligue | Santos | Sison | Torres | Yepes B-25
PAMANTASAN NG LUNGSOD NG MAYNILA
University of the City of Manila
College of Engineering and Technology
Department of Chemical Engineering
with due regard to the public interest and without distorting international trade
and investment.
PRINCIPLE 17
PRINCIPLE 18
States shall immediately notify other States of any natural disasters or other
emergencies that are likely to produce sudden harmful effects on the
environment of those States. Every effort shall be made by the international
community to help States so afflicted.
PRINCIPLE 19
States shall provide prior and timely notification and relevant information to
potentially affected States on activities that may have a significant adverse
transboundary environmental effect and shall consult with those States at an
early stage and in good faith.
PRINCIPLE 20
PRINCIPLE 21
The creativity, ideals and courage of the youth of the world should be mobilized
to forge a global partnership in order to achieve sustainable development and
ensure a better future for all.
PRINCIPLE 22
Indigenous people and their communities, and other local communities, have a
vital role in environmental management and development because of their
knowledge and traditional practices. States should recognize and duly support
International Treaties and Conventions Castillo | Saligue | Santos | Sison | Torres | Yepes B-26
PAMANTASAN NG LUNGSOD NG MAYNILA
University of the City of Manila
College of Engineering and Technology
Department of Chemical Engineering
their identity, culture and interests and enable their effective participation in the
achievement of sustainable development.
PRINCIPLE 23
PRINCIPLE 24
PRINCIPLE 25
PRINCIPLE 26
PRINCIPLE 27
States and people shall co-operate in good faith and in a spirit of partnership in
the fulfilment of the principles embodied in this Declaration and in the further
development of international law in the field of sustainable development.
The state of the world's forests calls for action; as a result of exploitation,
fire, acid rain and alternative land use, they may not be sustainable.
Deforestation is fast becoming one of the most pressing environmental issues. It
contributes to global warming, loss of biodiversity, soil erosion, desertification
International Treaties and Conventions Castillo | Saligue | Santos | Sison | Torres | Yepes B-27
PAMANTASAN NG LUNGSOD NG MAYNILA
University of the City of Manila
College of Engineering and Technology
Department of Chemical Engineering
The Earth Summit did not produce the convention on world forest
management sought by Canada and several other countries. It did agree on a
declaration of principles for future progress, as a result of the efforts of the G-7
group of industrialized nations. Though it was originally intended to be a legally
binding forest convention, some environmentalists believe it was so watered
down that it is less stringent than the World Bank standards already in place.
Efforts by the Western governments to persuade tropical countries to accept
international supervision of their rainforests ended in failure. India, China and
Malaysia were the most vocal opponents to any suggestion that their natural
resources should be "internationalized." Some developing countries felt a legally
binding convention would infringe on their sovereign right to exploit their
resources; they wanted any legally binding document to cover all nations and
forest resources equally.
International Treaties and Conventions Castillo | Saligue | Santos | Sison | Torres | Yepes B-28
PAMANTASAN NG LUNGSOD NG MAYNILA
University of the City of Manila
College of Engineering and Technology
Department of Chemical Engineering
Forest Principles
PREAMBLE
(a) The subject of forests is related to the entire range of environmental and
development issues and opportunities, including the right to socio-economic
development on a sustainable basis.
(e) These principles should apply to all types of forests, both natural and planted,
in all geographical regions and climatic zones, including austral, boreal,
subtemperate, temperate, subtropical and tropical.
(f) All types of forests embody complex and unique ecological processes which
are the basis for their present and potential capacity to provide resources to
satisfy human needs as well as environmental values, and as such their sound
management and conservation are of concern to the Governments of the
countries to which they belong and are of value to local communities and to the
environment as a whole.
International Treaties and Conventions Castillo | Saligue | Santos | Sison | Torres | Yepes B-29
PAMANTASAN NG LUNGSOD NG MAYNILA
University of the City of Manila
College of Engineering and Technology
Department of Chemical Engineering
(g) Forests are essential to economic development and the maintenance of all
forms of life.
(h) Recognizing that the responsibility for forest management, conservation and
sustainable development is in many States allocated among federal/national,
state/ provincial and local levels of government, each State, in accordance with
its constitution and/or national legislation, should pursue these principles at
the appropriate level of government.
PRINCIPLES/ELEMENTS
1. (a) 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 have 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.
(b) The agreed full incremental cost of achieving benefits associated with forest
conservation and sustainable development requires increased international
cooperation and should be equitably shared by the international community
2. (a) States have the sovereign and inalienable right to utilize, manage and
develop their forests in accordance with their development needs and level of
socio-economic development and on the basis of national policies consistent with
sustainable development and legislation, including the conversion of such areas
for other uses within the overall socio-economic development plan and based on
rational land-use policies.
(b) Forest resources and forest lands should be sustainably managed to meet the
social, economic, ecological, cultural and spiritual needs of present and future
generations. These needs are for forest products and services. such as wood and
wood products, water, food, fodder, medicine, fuel, shelter, employment,
recreation, habitats for wildlife, landscape diversity, carbon sinks and reservoirs,
and for other forest products. Appropriate measures should be taken to protect
forests against harmful effects of pollution, including airborne pollution, fires,
pests and diseases, in order to maintain their full multiple value.
International Treaties and Conventions Castillo | Saligue | Santos | Sison | Torres | Yepes B-30
PAMANTASAN NG LUNGSOD NG MAYNILA
University of the City of Manila
College of Engineering and Technology
Department of Chemical Engineering
(c) The provision of timely, reliable and accurate information on forests and forest
ecosystems is essential for public understanding and informed decision-making
and should be ensured.
(d) Governments should promote and provide opportunities for the participation
of interested parties, including local communities and indigenous people,
industries, labour, non-governmental organizations and individuals, forest
dwellers and women, in the development, implementation and planning of
national forest policies.
3. (a) National policies and strategies should provide a framework for increased
efforts, including the development and strengthening of institutions and
programmes for the management, conservation and sustainable development of
forests and forest lands.
4. The vital role of all types of forests in maintaining the ecological processes and
balance at the local' national, regional and global levels through, inter alia, their
role in protecting fragile ecosystems, watersheds and freshwater resources and
as rich storehouses of biodiversity and biological resources and sources of
genetic material for biotechnology products, as well as photosynthesis should be
recognized.
5. (a) National forest policies should recognize and duly support the identity,
culture and the rights of indigenous people, their communities and other
communities and forest dwellers. Appropriate conditions should be promoted for
these groups to enable them to have an economic stake in forest use, perform
economic activities, and achieve and maintain cultural identity and social
organization, as well as adequate levels of livelihood and well-being, through,
inter alia, those land tenure arrangements which serve as incentives for the
sustainable management of forests. ‘
International Treaties and Conventions Castillo | Saligue | Santos | Sison | Torres | Yepes B-31
PAMANTASAN NG LUNGSOD NG MAYNILA
University of the City of Manila
College of Engineering and Technology
Department of Chemical Engineering
6. (a) All types of forests play an important role in meeting energy requirements
through the provision of a renewable source of bio-energy, particularly in
developing countries, and the demands for fuelwood for household and
industrial needs should be met through sustainable forest management,
afforestation and reforestation. To this end, the potential contribution of
plantations of both indigenous and introduced species for the provision of both
fuel and industrial wood should be recognized.
(b) National policies and programs should take into account the relationship,
where it exists. between the conservation, management and sustainable
development of forests and all aspects related to the production, consumption,
recycling and/or final disposal of forest products.
(d) The role of planted forests and permanent agricultural crops as sustainable
and environmentally sound sources of renewable energy and industrial raw
material should be recognized, enhanced and promoted. Their contribution to
the maintenance of ecological processes, to offsetting pressure on primary/old-
growth forests and to providing regional employment and development with the
adequate involvement of local inhabitants should be recognized and enhanced.
(e) Natural forests also constitute a source of goods and services, and their
conservation, sustainable management and use should be promoted
International Treaties and Conventions Castillo | Saligue | Santos | Sison | Torres | Yepes B-32
PAMANTASAN NG LUNGSOD NG MAYNILA
University of the City of Manila
College of Engineering and Technology
Department of Chemical Engineering
8. (a) Efforts should be undertaken towards the greening of the world. All
countries, notably developed countries, should take positive and transparent
action towards reforestation. afforestation and forest conservation, as
appropriate.
(b) Efforts to maintain and increase forest cover and forest productivity should
be undertaken in ecologically, economically and socially sound ways through the
rehabilitation, reforestation and re-establishment of trees and forests on
unproductive, degraded and deforested lands, as well as through the
management of existing forest resources.
(d) Sustainable forest management and use should be carried out in accordance
with national development policies and priorities and on the basis of
environmentally sound national guidelines. In the formulation of such
guidelines, account should be taken, as appropriate and if applicable, of relevant
internationally agreed methodologies and criteria.
(g) Access to biological resources, including genetic material, shall be with due
regard to the sovereign rights of the countries where the forests are located and
International Treaties and Conventions Castillo | Saligue | Santos | Sison | Torres | Yepes B-33
PAMANTASAN NG LUNGSOD NG MAYNILA
University of the City of Manila
College of Engineering and Technology
Department of Chemical Engineering
(b) The problems that hinder efforts to attain the conservation and sustainable
use of forest resources and that stem from the lack of alternative options
available to local communities, in particular the urban poor and poor rural
populations who are economically and socially dependent on forests and forest
resources, should be addressed by Governments and the international
community.
(c) National policy formulation with respect to all types of forests should take
account of the pressures and demands imposed on forest ecosystems and
resources from influencing factors outside the forest sector, and intersectoral
means of dealing with these pressures and demands should be sought.
12. (a) Scientific research, forest inventories and assessments carried out by
national institutions which take into account, where relevant, biological,
physical, social and economic variables, as well as technological development
and its application in the field of sustainable forest management, conservation
and development, should be strengthened through effective modalities, including
international cooperation. In this context, attention should also be given to
research and development of sustainably harvested non-wood products.
International Treaties and Conventions Castillo | Saligue | Santos | Sison | Torres | Yepes B-35
PAMANTASAN NG LUNGSOD NG MAYNILA
University of the City of Manila
College of Engineering and Technology
Department of Chemical Engineering
(c) Incorporation of environmental costs and benefits into market forces and
mechanisms, in order to achieve forest conservation and sustainable
development, should be encouraged both domestically and internationally.
(e) Fiscal, trade, industrial, transportation and other policies and practices that
may lead to forest degradation should be avoided. Adequate policies, aimed at
management, conservation and sustainable development of forests, including,
where appropriate, incentives, should be encouraged.
UN FOLLOW-UP
The Earth Summit succeeded in presenting new perspectives on economic
progress. It was lauded as the beginning of a new era and its success would be
measured by the implementation — locally, nationally and internationally — of
its agreements. Those attending the Summit understood that making the
necessary changes would not be easy: it would be a multi-phased process; it
would take place at different rates in different parts of the world; and it would
require the expenditure of funds now in order to prevent much larger financial
and environmental costs in the future.
In Rio, the UN was given a key role in the implementation of Agenda 21.
Since then, the Organization has taken steps to integrate concepts of sustainable
development into all relevant policies and programmes. Income-generating
projects increasingly take into account environmental consequences.
Development assistance programmes are increasingly directed towards women,
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In adopting Agenda 21, the Earth Summit also requested the United
Nations to initiate talks aimed at halting the rapid depletion of certain fish stocks
and preventing conflict over fishing on the high seas. After negotiations spanning
more than two years, the UN Agreement on High Seas Fishing was opened for
signature on 4 December 1995. It provides for all species of straddling and highly
migratory fish — those which swim between national economic zones or migrate
across broad areas of the ocean — to be subject to quotas designed to ensure
the continued survival of fish for our children and grandchildren to enjoy.
In addition, three bodies were created within the United Nations to ensure
full support for implementation of Agenda 21 worldwide:
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STANDARD SETTING
Central to the ability of Governments to formulate policies for
sustainability and to regulate their impact is the development of a set of
internationally accepted criteria and indicators for sustainable development. The
Commission on Sustainable Development is spearheading this work, which will
enable countries to gather and report the data needed to measure progress on
Agenda 21. It is hoped that a “menu” of indicators — from which Governments
will choose those appropriate to local conditions — will be used by countries in
their national plans and strategies and, subsequently, when they report to the
Commission.
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A further $125 billion would be needed in new and additional funds from
external sources, some $70 billion more than current levels of official
development assistance (ODA). According to the Organisation for Economic Co-
operation and Development (OECD), between 1992 and 1995, levels of ODA fell
from about $60.8 billion to $59.2 billion, despite a call at Rio for donor countries
to more than double their official assistance.
Other monies are available for implementation of Agenda 21. The Global
Environment Facility (GEF) was set up in 1991. It is implemented by the World
Bank, the United Nations Development Programme and the United Nations
Environment Programme. The GEF provides funding for activities aimed at
achieving global environmental benefits in four areas: climate change, loss of
biodiversity, pollution of international waters and the depletion of the ozone
layer. At Rio, the Facility became the funding mechanism for activities under the
United Nations Framework Convention on Climate Change and the Convention
on Biological Diversity. In 1994, the scope of the GEF’s funding was broadened
to include land degradation, primarily desertification and deforestation, where
this is linked to the four focal areas above. Since 1992, some $2 billion has been
pledged for activities supported by the GEF.
In the years since the Earth Summit, the level of funding channelled to
many of the developing countries as direct private investment has increased
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significantly and now far outstrips official flows. In 1995, this reportedly
amounted to some $95 billion. Efforts are being made to ensure that activities
supported by these funds are also environmentally sustainable.
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3. The fair and equitable sharing of the benefits arising out of the utilization
of genetic resources
INTRODUCTION
The Earth's biological resources are vital to humanity's economic and
social development. As a result, there is a growing recognition that biological
diversity is a global asset of tremendous value to present and future generations.
At the same time, the threat to species and ecosystems has never been so great
as it is today. Species extinction caused by human activities continues at an
alarming rate.
By February 1991, the Ad Hoc Working Group had become known as the
Intergovernmental Negotiating Committee. Its work culminated on 22 May 1992
with the Nairobi Conference for the Adoption of the Agreed Text of the Convention
on Biological Diversity.
The Convention was opened for signature on 5 June 1992 at the United
Nations Conference on Environment and Development (the Rio "Earth Summit").
It remained open for signature until 4 June 1993, by which time it had received
168 signatures. The Convention entered into force on 29 December 1993, which
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was 90 days after the 30th ratification. The first session of the Conference of the
Parties was scheduled for 28 November – 9 December 1994 in the Bahamas.
It is the combination of life forms and their interactions with each other
and with the rest of the environment that has made Earth a uniquely habitable
place for humans. Biodiversity provides a large number of goods and services
that sustain our lives.
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In 1999, the world's population hit 6 billion. United Nations experts predict
the world will have to find resources for a population of 9 billion people in 50
years. Yet our demands on the world's natural resources are growing even faster
than our numbers: since 1950, the population has more than doubled, but the
global economy has quintupled. And the benefits are not equally spread: most of
the economic growth has occurred in a relatively few industrialized countries.
At the same time, our settlement patterns are changing our relationship
with the environment. Nearly half the world's people live in towns and cities. For
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many people, nature seems remote from their everyday lives. More and more
people associate food with stores, rather than with their natural source.
Our need for pieces of nature we once ignored is often important and
unpredictable. Time after time we have rushed back to nature's cupboard for
cures to illnesses or for infusions of tough genes from wild plants to save our
crops from pest outbreaks. What's more, the vast array of interactions among
the various components of biodiversity makes the planet habitable for all species,
including humans. Our personal health, and the health of our economy and
human society, depends on the continuous supply of various ecological services
that would be extremely costly or impossible to replace. These natural services
are so varied as to be almost infinite. For example, it would be impractical to
replace, to any large extent, services such as pest control performed by various
creatures feeding on one another, or pollination performed by insects and birds
going about their everyday business.
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When most people think of the dangers besetting the natural world, they
think of the threat to other creatures. Declines in the numbers of such
charismatic animals as pandas, tigers, elephants, whales, and various species
of birds, have drawn world attention to the problem of species at risk. Species
have been disappearing at 50-100 times the natural rate, and this is predicted
to rise dramatically. Based on current trends, an estimated 34,000 plant and
5,200 animal species - including one in eight of the world's bird species - face
extinction. For thousands of years we have been developing a vast array of
domesticated plants and animals important for food. But this treasure house is
shrinking as modern commercial agriculture focuses on relatively few crop
varieties. And, about 30% of breeds of the main farm animal species are currently
at high risk of extinction. While the loss of individual species catches our
attention, it is the fragmentation, degradation, and outright loss of forests,
wetlands, coral reefs, and other ecosystems that poses the gravest threat to
biological diversity. Forests are home to much of the known terrestrial
biodiversity, but about 45 per cent of the Earth's original forests are gone, cleared
mostly during the past century. Despite some regrowth, the world's total forests
are still shrinking rapidly, particularly in the tropics. Up to 10 per cent of coral
reefs - among the richest ecosystems - have been destroyed, and one third of the
remainder face collapse over the next 10 to 20 years. Coastal mangroves, a vital
nursery habitat for countless species, are also vulnerable, with half already gone.
already changing habitats and the distribution of species. Scientists warn that
even a one-degree increase in the average global temperature, if it comes rapidly,
will push many species over the brink. Our food production systems could also
be seriously disrupted.
Can we save the world's ecosystems, and with them the species we value
and the other millions of species, some of which may produce the foods and
medicines of tomorrow? The answer will lie in our ability to bring our demands
into line with nature's ability to produce what we need and to safely absorb what
we throw away.
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A new philosophy
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
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document at the Rio conference, and since then more than 187 countries have
ratified the agreement.
• Sharing the benefits arising from the commercial and other utilization of
genetic resources in a fair and equitable way
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Some of the many issues dealt with under the Convention include:
• Impact assessment.
NATIONAL LEVEL
The Convention on Biological Diversity, as an international treaty,
identifies a common problem, sets overall goals and policies and general
obligations, and organizes technical and financial cooperation. However, the
responsibility for achieving its goals rests largely with the countries themselves.
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Surveys
• In different parts of the world, farmers are raising crops within mixed
ecosystems. In Mexico, they are growing "shade coffee," putting coffee trees
in a mixed tropical forest rather than in monoculture plantations that
reduce biodiversity. These farmers then rely entirely on natural predators
common to an intact ecosystem rather than on chemical pesticides.
• Sian Ka'an Biosphere Reserve in Mexico has great cultural value with its
23 recorded Mayan and other archaeological sites while also being the
home of some 800 people, mainly of Mayan descent. The reserve forms
part of the extensive barrier reef system along the eastern coastline of
Central America and includes coastal dunes, mangroves, marshes and
inundated and upland forests. The inclusion of local people in its
management helps maintain the balance between pure conservation and
the need for sustainable use of resources by the local community.
Reporting
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comparable, so that the world community can get a clearer picture of the big
trends. Part of that work involves developing indicators for measuring trends in
biodiversity, particularly the effects of human actions and decisions on the
conservation and sustainable use of biodiversity. The national reports,
particularly when seen together, are one of the key tools for tracking progress in
meeting the Convention's objectives.
INTERNATIONAL LEVEL
The Convention's success depends on the combined efforts of the world's
nations. The responsibility to implement the Convention lies with the individual
countries and, to a large extent, compliance will depend on informed self-interest
and peer pressure from other countries and from public opinion. The Convention
has created a global forum-actually a series of meetings-where governments,
non-governmental organizations, academics, the private sector and other
interested groups or individuals share ideas and compare strategies.
The Conference of the Parties can rely on expertise and support from
several other bodies that are established by the Convention:
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Since the domestication of the first crops and farm animals, we have
altered their genetic makeup through selective breeding and cross-fertilization.
The results have been greater agricultural productivity and improved human
nutrition.
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each importing country in advance of the first shipment, and the importer must
then authorize the shipment. The aim is to ensure that recipient countries have
both the opportunity and the capacity to assess risks involving the products of
modern biotechnology. The Protocol will enter into force after it has been ratified
by 50 governments.
The treaty recognizes national sovereignty over all genetic resources, and
provides that access to valuable biological resources be carried out on "mutually
agreed terms" and subject to the "prior informed consent" of the country of origin.
When a microorganism, plant, or animal is used for a commercial application,
the country from which it came has the right to benefit. Such benefits can
include cash, samples of what is collected, the participation or training of
national researchers, the transfer of biotechnology equipment and know-how,
and shares of any profits from the use of the resources.
Work has begun to translate this concept into reality and there are already
examples of benefit-sharing arrangements. At least a dozen countries have
established controls over access to their genetic resources, and an equal number
of nations are developing such controls. Amongst the examples:
Traditional knowledge
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However, many challenges still lie ahead. After a surge of interest in the
wake of the Rio Summit, many observers are disappointed by the slow progress
towards sustainable development during the 1990s. Attention to environmental
problems was distracted by a series of economic crises, budget deficits, and local
and regional conflicts. Despite the promise of Rio, economic growth without
adequate environmental safeguards is still the rule rather than the exception.
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needed for sustainability. Better biodiversity education would meet one of the
goals set out in the Convention.
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CONCLUSION
Although still in its infancy, the Convention on Biological Diversity is
already making itself felt. The philosophy of sustainable development, the
ecosystem approach, and the emphasis on building partnerships are all helping
to shape global action on biodiversity. The data and reports that governments
are gathering and sharing with each other are providing a sound basis for
understanding the challenges and collaborating on the solutions.
Conscious also of the importance of biological diversity for evolution and for
maintaining life sustaining systems of the biosphere,
Reaffirming that States have sovereign rights over their own biological resources.
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Reaffirming also that States are responsible for conserving their biological
diversity and for using their biological resources in a sustainable manner.
Noting that it is vital to anticipate, prevent and attack the causes of significant
reduction or loss of biological diversity at source.
Noting further that ex-situ measures, preferably in the country of origin, also
have an important role to play.
Recognizing the close and traditional dependence of many indigenous and local
communities embodying traditional lifestyles on biological resources, and the
desirability of sharing equitably benefits arising from the use of traditional
knowledge, innovations and practices relevant to the conservation of biological
diversity and the sustainable use of its components.
Recognizing also the vital role that women play in the conservation and
sustainable use of biological diversity and affirming the need for the full
participation of women at all levels of policy-making and implementation for
biological diversity conservation.
Stressing the importance of, and the need to promote, international, regional and
global cooperation among States and intergovernmental organizations and the
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Acknowledging that the provision of new and additional financial resources and
appropriate access to relevant technologies can be expected to make a
substantial difference in the world's ability to address the loss of biological
diversity,
Noting in this regard the special conditions of the least developed countries and
small island States,
Recognizing that economic and social development and poverty eradication are
the first and overriding priorities of developing countries,
Determined to conserve and sustainably use biological diversity for the benefit
of present and future generations.
Article 1: Objectives
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"Biological diversity" means 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.
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"Genetic material" means any material of plant, animal, microbial or other origin
containing functional units of heredity.
Article 3: Principle
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
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(a) In the case of components of biological diversity, in areas within the limits of
its national jurisdiction; and
(b) In the case of processes and activities, regardless of where their effects occur,
carried out under its jurisdiction or control, within the area of its national
jurisdiction or beyond the limits of national jurisdiction.
Article 5: Cooperation
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
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(a) Identify components of biological diversity important for its conservation and
sustainable use having regard to the indicative list of categories set down in
Annex I:
(c) Identify processes and categories of activities which have or are likely to have
significant adverse impacts on the conservation and sustainable use of biological
diversity, and monitor their effects through sampling and other techniques; and
(d) Maintain and organize, by any mechanism data, derived from identification
and monitoring activities pursuant to subparagraphs (a), (b) and (c) above.
(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:
(d) Promote the protection of ecosystems, natural habitats and the maintenance
of viable populations of species in natural surroundings:
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(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:
(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:
(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 (1) above, particularly to developing countries.
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(b) Establish and maintain facilities for ex-situ conservation of and research on
plants, animals and micro-organisms, preferably in the country of origin of
genetic resources:
(c) Adopt measures for the recovery and rehabilitation of threatened species and
for their reintroduction into their natural habitats under appropriate conditions;
(d) Regulate and manage collection of biological resources from natural habitats
for ex-situ conservation purposes so as not to threaten ecosystems and in-situ
populations of species, except where special temporary ex-si tu measures are
required under subparagraph (c) above: and
(e) Cooperate in providing financial and other support for ex-situ conservation
outlined in subparagraphs (a) to (d) above and in the establishment and
maintenance of ex-situ conservation facilities in developing countries.
(b) Adopt measures relating to the use of biological resources to avoid or minimize
adverse impacts on biological diversity;
(e) Encourage cooperation between its governmental authorities and its private
sector in developing methods for sustainable use of biological resources.
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The Contracting Parties, taking into account the special needs of developing
countries, shall:
(a) Establish and maintain programmes for scientific and technical education
and training in measures for the identification, conservation and sustainable use
of biological diversity and its components and provide support for such
education and training for the specific needs of developing countries:
(b) Promote and encourage research which contributes to the conservation and
sustainable use of biological diversity, particularly in developing countries, inter
alia, in accordance with decisions of the Conference of the Parties taken in
consequence of recommendations of the Subsidiary Body on Scientific, Technical
and Technological Advice: and
(c) In keeping with the provisions of Articles 16. 13 and 20. promote and
cooperate in the use of scientific advances in biological diversity research in
developing methods for conservation and sustainable use of biological resources.
(a) Promote and encourage understanding of the importance of. and the
measures required for, the conservation of biological diversity, as well as its
propagation through media, and the inclusion of these topics in educational
programmes; and
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(d) In the case of imminent or grave danger or damage, originating under its
jurisdiction or control, to biological diversity within the area under jurisdiction
of other States or in areas beyond the limits of national jurisdiction, notify
immediately the potentially affected States of such danger or damage, as well as
initiate action to prevent or minimize such danger or damage; and
1. Recognizing the sovereign rights of States over their natural resources, the
authority to determine access to genetic resources rests with the national
governments and is subject to national legislation.
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3. For the purpose of this Convention, the genetic resources being provided by a
Contracting Party, as referred to in this Article and Articles 16 and 19, are only
those that are provided by Contracting Parties that are countries of origin of such
resources or by the Parties that have acquired the genetic resources in
accordance with this Convention.
4. Access, where granted, shall be on mutually agreed terms and subject to the
provisions of this Article.
6. Each Contracting Party shall endeavour to develop and carry out scientific
research based on genetic resources provided by other Contracting Parties with
the full participation of, and where possible in. such Contracting Parties.
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1. The Contracting Parties shall facilitate the exchange of information, from all
publicly available sources, relevant to the conservation and sustainable use of
biological diversity, taking into account the special needs of developing
countries.
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2. Each Contracting Party shall promote technical and scientific cooperation with
other Contracting Parties, in particular developing countries, in implementing
this Convention, inter alia, through the development and implementation of
national policies. In promoting such cooperation, special attention should be
given to the development and strengthening of national capabilities, by means of
human resources development and institution building.
3. The Conference of the Parties, at its first meeting, shall determine how to
establish a clearing-house mechanism to promote and facilitate technical and
scientific cooperation.
developing countries, which provide the genetic resources for such research, and
where feasible in such Contracting Parties.
2. Each Contracting Party shall take all practicable measures to promote and
advance priority access on a fair and equitable basis by Contracting Parties,
especially developing countries, to т!ле results and benefits arising from
biotechnologies based upon genetic resources provided by those Contracting
Parties. Such access shall be on mutually agreed terms.
3. The Parties shall consider the need for and modalities of a protocol setting out
appropriate procedures, including, in particular, advance informed agreement,
in the field of the safe transfer, handling and use of any living modified organism
resulting from biotechnology that may have adverse effect on the conservation
and sustainable use of biological diversity.
2. The developed country Parties shall provide new and additional financial
resources to enable developing country Parties to meet the agreed full
incremental costs to them of implementing measures which fulfil the obligations
of this Convention and to benefit from its provisions and which costs are agreed
between a developing country Party and the institutional structure referred to in
Article 21, in accordance with policy, strategy, programme priorities and
eligibility criteria and an indicative list of incremental costs established by the
Conference nf the Parties. Other Parties, including countries undergoing the
process of transition to a market economy, may voluntarily assume the
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PAMANTASAN NG LUNGSOD NG MAYNILA
University of the City of Manila
College of Engineering and Technology
Department of Chemical Engineering
obligations of the developed country Parties. For the purpose of this Article, the
Conference of the Parties, shall at its first meeting establish a list of developed
country Parties and other Parties which voluntarily assume the obligations of
the developed country Parties. The Conference of the Parties shall periodically
review and if necessary amend the list. Contributions from other countries and
sources on a voluntary basis would also be encouraged. The implementation of
these commitments shall take into account the need for adequacy, predictability
and timely flow of funds and the importance of burden-sharing among the
contributing Parties included in the list.
3. The developed country Parties may also provide, and developing country
Parties avail themselves of, financial resources related to the implementation of
this Convention through bilateral, regional and other multilateral channels.
4. The extent to which developing country Parties will effectively implement their
commitments under this Convention will depend on the effective implementation
by developed country Parties of their commitments under this Convention
related to financial resources and transfer of technology and will take fully into
account the fact that economic and social development and eradication of
poverty are the first and overriding priorities of the developing country Parties.
5. The Parties shall take full account of the specific needs and special situation
of least developed countries in their actions with regard to funding and transfer
of technology.
6. The Contracting Parties shall also take into consideration the special
conditions resulting from the dependence on, distribution and location of.
biological diversity within developing country Parties, in particular small island
States.
International Treaties and Conventions Castillo | Saligue | Santos | Sison | Torres | Yepes B-77
PAMANTASAN NG LUNGSOD NG MAYNILA
University of the City of Manila
College of Engineering and Technology
Department of Chemical Engineering
The mechanism shall function under the authority and guidance of, and be
accountable to. the Conference of the Parties for purposes of this Convention.
The operations of the mechanism shall be carried out by such institutional
structure as may be decided upon by the Conference of the Parties at its first
meeting. For purposes of this Convention, the Conference of the Parties shall
determine the policy, strategy, programme priorities and eligibility criteria
relating to the access to and utilization of such resources. The contributions
shall be such as to take into account the need for predictability, adequacy and
timely flow of funds referred to in Article 20 in accordance with the amount of
resources needed to be decided periodically by the Conference of the Parties and
the importance of burden-sharing among the contributing Parties included in
the list referred to in Article 20, paragraph 2. Voluntary contributions may also
be made by the developed country Parties and by other countries and sources.
The mechanism shall operate within a democratic and transparent system of
governance.
3. The Conference of the Parties shall review the effectiveness of the mechanism
established under this Article, including the criteria and guidelines referred to
in paragraph 2 above, not less than two years after the entry into force of this
Convention and thereafter on a regular basis. Based on such review, it shall take
appropriate action to improve the effectiveness of the mechanism if necessary.
1. The provisions of this Convention shall not affect the rights and obligations of
any Contracting Party deriving from any existing international agreement, except
International Treaties and Conventions Castillo | Saligue | Santos | Sison | Torres | Yepes B-78
PAMANTASAN NG LUNGSOD NG MAYNILA
University of the City of Manila
College of Engineering and Technology
Department of Chemical Engineering
where the exercise of those rights ana obligations would cause a serious damage
or threat to biological diversity. 2. Contracting Parties shall implement this
Convention with respect to the marine environment consistently with the rights"
and obligations of States under the law of the sea.
3. The Conference of the Parties shall by consensus agree upon and adopt rules
of procedure for itself and for any subsidiary body it may establish, as well as
financial rules governing the funding of The Secretariat. At each ordinary
meeting, it shall adopt a budget for The financial period until the next ordinary
meeting'.
4. The Conference of the Parties shall keep under review the implementation of
this Convention, and, for this purpose, shall:
(a) Establish the form and the intervals for transmitting the information to be
submitted in accordance with Article 26 and consider sucn information as weii
as reports submitted by any subsidiary body:
(c) Consider ana adopt, as required, protocols in accordance with Article 28:
(d) Consider and adopt, as required, in accordance with Articles 29 and 30,
amendments to this Convention and its annexes:
International Treaties and Conventions Castillo | Saligue | Santos | Sison | Torres | Yepes B-79
PAMANTASAN NG LUNGSOD NG MAYNILA
University of the City of Manila
College of Engineering and Technology
Department of Chemical Engineering
(e) Consider amendments to any protocol, as well as to any annexes thereto, and.
if so decided, recommend their adoption to the parties to the protocol concerned:
(f) Consider and adopt, as required, in accordance with Article 30. additional
annexes to this Convention:
(h) Contact, through the Secretariat, the executive bodies of conventions dealing
with matters covered by this Convention with a view to establishing appropriate
forms of cooperation with them; and
(i) Consider and undertake any additional action that may be required for the
achievement of the purposes of this Convention in the light of experience gained
in its operation.
5. The United Nations. its specialized agencies and the International Atomic
Energy Agency, as well as any State nor Party to this Convention, may be
represented as observers at meetings of the Conference of the Parties. Any other
body or agency, whether governmental or nongovernmental, qualified in fields
relating to conservation and sustainable use of biological diversity, which has
informed the Secretariat of its wish to be represented as an observer at a meeting
of the Conference of the Parties, may be admitted unless at least one third of the
Parties present object. The admission and participation of observers shall be
subject to the rules of procedure adopted by the Conference of the Parties.
(a) To arrange for and service meetings of the Conference of the Parties provided
for in Article 23:
(c) To prepare reports on the execution of its functions under this Convention
and present them to the Conference of the Parties:
International Treaties and Conventions Castillo | Saligue | Santos | Sison | Torres | Yepes B-80
PAMANTASAN NG LUNGSOD NG MAYNILA
University of the City of Manila
College of Engineering and Technology
Department of Chemical Engineering
2. At its first ordinary meeting, the Conference of the Parties shall designate the
secretariat from amongst those existing competent international organizations
which have signified their willingness to carry out the secretariat functions under
this Convention.
2. Under the authority of and in accordance with guidelines laid down by the
Conference of the Parties, and upon its request, this body shall:
International Treaties and Conventions Castillo | Saligue | Santos | Sison | Torres | Yepes B-81
PAMANTASAN NG LUNGSOD NG MAYNILA
University of the City of Manila
College of Engineering and Technology
Department of Chemical Engineering
3. The functions, terms of reference, organization and operation of this body may
be further elaborated by the Conference of the Parties.
(a) Arbitration in accordance with the procedure laid down in Part 1 of Annex II;
4. If the parties to the dispute have not. in accordance with paragraph 3 above,
accepted the same or any procedure, the dispute shall be submitted to
conciliation in accordance with Part 2 of Annex II unless the parties otherwise
agree.
5. The provisions of this Article shall apply with respect to any protocol except
as otherwise provided in the protocol concerned.
International Treaties and Conventions Castillo | Saligue | Santos | Sison | Torres | Yepes B-82
PAMANTASAN NG LUNGSOD NG MAYNILA
University of the City of Manila
College of Engineering and Technology
Department of Chemical Engineering
3. The Parties shall make every effort to reach agreement in any proposed
amendment to this Convention or to any protocol by consensus. If all efforts at
consensus have been exhausted, and no agreement reached, the amendment
shall as a last resort be adopted by a two-third majority vote of the Parties to the
instrument in question present and voting at the meeting, and shall be
submitted by the Depositary to all Parties for ratification, acceptance or approval.
International Treaties and Conventions Castillo | Saligue | Santos | Sison | Torres | Yepes B-83
PAMANTASAN NG LUNGSOD NG MAYNILA
University of the City of Manila
College of Engineering and Technology
Department of Chemical Engineering
5. For the purposes of this Article. "Parties present and voting" means Parties
present and casting an affirmative or negative vote.
1. The annexes to this Convention or to any protocol shall form an integral part
of the Convention or of such protocol, as the case may be. and, unless expressly
provided otherwise, a reference to this Convention or its protocols constitutes at
the same time a reference to any annexes thereto. Such annexes shall be
restricted to procedural, scientific, technical and administrative matters.
(a) Annexes to this Convention or to any protocol shal1 be proposed and adopted
according to the procedure laid down in Article 29:
(b) Any Party that is unable to approve an additional annex to this Convention
or an annex to any protocol to which it is Party shall so notify the Depositary, in
writing, within one year from the date of the communication of the adoption by
the Depositary. The Depositary shall without delay notify ail Parties of any such
notification received. A Party may at any time withdraw a previous declaration
of objection and the annexes shal1 thereupon enter into force for that Party
subject to subparagraph (c) below:
(c) On the expiry of one year from the date of the communication of the adoption
by the Depositary, the annex shall enter into force for all Parties to this
Convention or to any protocol concerned which have not submitted a notification
in accordance with the provisions of subparagraph (b) above.
3. The proposal. adoption and entry into force of amendments to annexes to this
Convention or to any protocol shall be subject to the same procedure as for the
proposal. adoption and entry into force of annexes to the Convention or annexes
to any protocol.
2. Decisions under any protocol shall be taken only by the Parties to the protocol
concerned. Any Contracting Party that has not ratified, accepted or approved a
protocol may participate as an observer in any meeting of the parties to that
protocol. Article 33. Signature This Convention shall be open for signature at Rio
de Janeiro by ail States and any regional economic integration organization from
5 June 1992 until 14 June 1992, and at the United Nations Headquarters in
New York from 15 June 1992 to 4 June 1993.
the member States shall not be entitled to exercise rights under the Convention
or relevant protocol concurrently.
1. This Convention and any protocol shall be open for accession by States and
by regional economic integration organizations from the date on which the
Convention or the protocol concerned is closed for signature. The instruments of
accession shall be deposited with the Depositary.
1. This Convention shall enter into force on the ninetieth day after the date of
deposit of the thirtieth instrument of ratification. acceptance, approval or
accession.
2. Any protocol shall enter into force on the ninetieth day after the date of deposit
of the number of instruments of ratification, acceptance, approval or accession,
specified in that protocol, has been deposited.
3. For each Contracting Party which ratifies, accepts or approves this Convention
or accedes thereto 'after the deposit of the thirtieth instrument of ratification,
acceptance, approval or accession, it shall enter into force on the ninetieth day
after the date of deposit by such Contracting Party of its instrument of
ratification, acceptance, approval or accession.
International Treaties and Conventions Castillo | Saligue | Santos | Sison | Torres | Yepes B-86
PAMANTASAN NG LUNGSOD NG MAYNILA
University of the City of Manila
College of Engineering and Technology
Department of Chemical Engineering
4. Any protocol, except as otherwise provided in such protocol, shall enter into
force for a Contracting Party that ratifies, accepts or approves that protocol or
accedes thereto after its entry into force pursuant to paragraph 2 above. on the
ninetieth day after the date on which that Contracting Party deposits its
instrument of ratification, acceptance, approval or accession, or on the date on
which this Convention enters into force for that Contracting Party, whichever
shall be the later.
1. At any time after two years from the date on which this Convention has entered
into force for a Contracting Party, that Contracting Party may withdraw from the
Convention by giving written notification to the Depositary.
2. Any such withdrawal shall take place upon expiry of one year after the date of
its receipt by the Depositary, or on such later date as may be specified in the
notification of the withdrawal.
International Treaties and Conventions Castillo | Saligue | Santos | Sison | Torres | Yepes B-87
PAMANTASAN NG LUNGSOD NG MAYNILA
University of the City of Manila
College of Engineering and Technology
Department of Chemical Engineering
The original of this Convention, of which the Arabic. Chinese. English, French,
Russian and Spanish texts are equally authentic, shall be deposited with the
Secretary-General of the United Nations. IN WITNESS WHEREOF the
undersigned, being duly authorized to that effect, have signed this Convention.
Done at Rio de Janeiro on this fifth day of June, one thousand nine hundred and
ninety-two.
International Treaties and Conventions Castillo | Saligue | Santos | Sison | Torres | Yepes B-88