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SIDDHI MISHRA
PROFFESSOR ANUSHKA UKRANI
LLB 301 ENVIRONMENTAL LAW:
09/16/2022

LIMITATIONS OF RIO CONVENTION ON BIO-DIVERSITY

[PSDA]

The Rio convention on bio diversity also known as convention of bio diversity is a multilateral
environmental agreement which was drafted on 22nd of May 1992 and signed on 5th of June
1992 to 4th of June 1993 however it came into effect on 29 December 1993. The treaty was
signed in Rio de Janerio, Brazil, New York, United States. The convention was first opened for
signature at the earth summit in Rio de Janeiro in June. While the ratification was signed by
other countries the same was still not ratified by the United Nations.

INTRODUCTION
The convention for biological diversification is based on Montreal Canada and it operates under
the united nation environmental programme. The treaty is a multilateral treaty. A multilateral
treaty is a written agreement between three or more sovereign states establishing the rights and
obligations between the parties. They often result in international conference or gathering of
nations done under the auspices of international organizations1.
Biological diversification can be defined as the fullness and variety of life on earth. Bio diversity
can be defined as one of the most complex features however is also one of the most important
features, sustainability of life without it would be impossible. Biological diversity, or
biodiversity, is the scientific term for the variety of life on Earth. It refers not just to species but
also to ecosystems and differences in genes within a single species. Everywhere on the planet,
species live together and depend on one another. Every living thing, including man, is involved
in these complex networks of interdependent relationships, which are called ecosystems2.
The convention of biodiversity is a part of the Rio earth summit. The treaty was signed with an
agenda to create a blue print for international action on environmental and development issues

1. https://definitions.uslegal.com/m/multilateral-treaty/
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that would guide the international action on environmental and development issue that would
help guide international corporation and development policy in the twenty first century.
The “Earth Smith” had many great achievements such as the Rio convention and its 27 universal
principle, the united nation framework convention on climate change [UNFCC] and the
convention on biological diversity.
The equitable use of biological diversity is one of the major purposes of the treaty. The
Convention on Biological Diversity covers biodiversity at all levels: ecosystems, species and
genetic resources. It also covers biotechnology, including through the Cartagena Protocol on
Biosafety3.

WHAT HAS BEEN ACHIVED SO FAR

Since the its force in 1944 the convention has helped the 190 ratified countries in changing how
government and civil society approached the challenges of biological diversity. The same
convention further validated the three concepts that are a shaping factor of numerous global
action today
a) Sustainable development
b) The ecosystem approaches
c) Mainstreaming biodiversity

2. https://ec.europa.eu/
3. https://www.un.org/
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THE EMERGENCE OF BIODIVERSITY GOVERENCE

It was back in 2000 the US national intelligence council flagrantly predicted that by 2015
other agreements such as convention of biodiversity will fall short in meeting the objective
which was as see now is rightly predicted. Reports continually suggest that the race to protect the
ecosystem is being lost while the environment is constantly attacked by new environmental
threats. The existing agreements which reflect the very complexity of the environmental politics
nexus, are considered too unwieldy and ineffectual even to begin to stabilize a dramatic trend
that seems to go irrevocably downwards. While the convention for biodiversity was signed many
other conventions were also signed but the of CBD remains to be one with a larger social and
political impact and more profound than either two conventions. It addresses the issues that
range from ecosystem protection to the exploitation of genetic resources, from conservation to
justice from commerce to scientific knowledge, from allocation of rights to the imposition of
responsibilities. It is therefore, crisscrossed by widely differing political dynamics.

LIMITATIONS OF CONVENTION OF BIODIVERSITY

The act was ratified by numerous states and hence holds its ground on incorporation as well as
coordination. Interstate cooperation are answer to coordination or cooperation problems.
Coordination problem refer to designing institutions that will ensure the everyone benefits from
common rule, however with the ongoing disparities having development as common ground
many countries can not coupe up. Keeping the ground same countries end up having conflict of
interest that give the participants incentives to cheat in order to maximize their immediate net
benefit at the expense of an outcome optimal for all.
Implementation and compliance issues within in itself are more complex in a c operation
situation. The elements in the CBD that compound these difficulties are

2. https://ec.europa.eu/
3. https://www.un.org/
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a) Since the CBD deals mostly with domestic behavior and affairs its normative and
political goals tangle with sovereignty issues
b) The extra territorial consequences of the behaviors that is destructive of bio diversity are
minimal, which minimizes the traditional foundation of claims for limiting the exercise of
sovereignty.

Moving onto regime of the act itself, the question which now arises is whether the act has
a regime and if yes then how would we know it?
When I talk about a regime, it is generally understood as a set of interrelated norms, rules and
procedure that structure the behavior and relation of international actors so as to reduce the
uncurtains that they face and facilitate the pursuit of a common interest in a given issue area.
Although the CBD does reflect a collective will, it may or may not reflect a common desire on
the part of specific states to curb biodiversity loss, promote sustainable development, or ensure
an equitable sharing of benefits. This does not mean that there is no regime. Nor does it mean
that the goal of creating a common understanding concern and project is absent that the other
shareholders do not share it. If e look at regime in the convention of biodiversity there is a
narrow as well as a broad defination of the biodiversity regime the broad defination is inclusive
of all the parties engages in the political dynamics of the defining state obligation, implementing
the conference of the parties, assessing how various parties impede or promote the goals of the
regime. The narrow defination would restrict the analysis. However, many times the parties
themselves have been blamed for the lack of the progress that the convention yet has achieved.
Problems often mentioned include the political support system of the individual government.
Effectiveness of the CBD has been given a pessimistic approach by number of scholars mostly
the political lack financial resources. Further to this they add the lack of governments to provide
their countries with meaningful scientific guidance, the lack of implementation yardstick, poorly
developed links with other conventions directly relevant to biodiversity say for example Ramsar
and the neglect of trade and economic issues and other links with relevant intergovernmental
organization. A lot of such factors are said to be responsible to put the effectiveness of the
convention in question.

2. https://ec.europa.eu/
3. https://www.un.org/
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Frame work treaties such as the CBD itself are at a certain point are vague as to the parties,
obligation that most of the time, are contingent on the certain behavior by the other parties or on
certain development.
With covering numerous aspects of biodiversity every profession tends to favor a particular
notion of the convention say for example from prospective of an advocate he would lay his
emphasizes on the implementation and compliance however when we look at the convention
from the of a an scientist he would prioritize the problem solving as well as the goal attainment
aspect of the convention. This very disparity makes the implementation of the convention
difficult for the government.
Moving further I would shed some light on the role of indigenous people in conservation action.
Any foreign act when being implemented shall at its best coincide with the cultural as well as
ethical practice hence baring the government from straight implementation, they are required to
keep in mind the cultural environment their country before implementing any treaty. It becomes
important the priorities of the scientific committees and the indigenous people, however if these
groups of shake holders see different realities within the convention the implementation clearly
becomes complicated.
For a very long time the Rio officials for very long excused the implementation in the name of
“innocence of youth” referring to the fresh creation of the convention which lead to a somewhat
chaotic implementation however the same cannot be used now that the convention has attained
maturity.
The act has absence of explicit commitment to protect the biodiversity any resources transferred
under the convention would be used by the small minorities of zealous developing countries to
advance their own concept of economic and social development and marinas, or even the cutting
down of tropical rainforest. Through different researches it has been estimated that the tropical
forest is home of at least 50% of plant and insect diversity. Yet all the reference to tropical forest
in the earlier draft of the convention proposed by the convention organization were deliberately
and systematically excised from the convention. While the COP meeting have always revolved
around the topic, the CBD is effectively unable to deal with forests because it consists of no such
mandates. Even when the convention attempts to protect biological diversity by in suit
conservation ex situ conservation, and sustainable use in article 6 – 14, it makes sure that every

2. https://ec.europa.eu/
3. https://www.un.org/
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Obligation assumed (except those related to research, training education and public awareness)
yields to caveat. As far as possible and as appropriate”. Furthermore, article 7 which deals the
key elements of identification and monitoring, allows each contracting party to do such
identification. Any clause or obligation to protect the common heritage of humankind,
furthermore, article 7, which deals with key elements

2. https://ec.europa.eu/
3. https://www.un.org/