 Convention on Biological Diversity - the conservation of biological diversity (or biodiversity); the

sustainable use of its components; and the fair and equitable sharing of benefits arising from
genetic resources;

THE CONVENTION ON BIOLOGICAL DIVERSITY: SEEDS OF GREEN TRADE?

Author(s): David R. Downes Source: Tulane Environmental Law Journal , WINTER 1994, Vol. 8, No. 1
(WINTER 1994), pp. 163-180 Published by: Tulane Environmental Law Journal

It is an attempt to integrate environment and development into SD – has flaws as a first try.

The Convention is in a sense a trade agreement, in that it establishes the basic terms of trade in a particular
commodity, "genetic resources."4 Genetic resources are the genetic information "of actual or potential value"
contained in diverse species of plants, animals, and microorganisms.

. Biodiversity, the rich diversity of defined by the Convention as "the variability among from all sources, including, inter
alia, terrestrial, aquatic ecosystems and the ecological complexes of this includes diversity within species,
between ecosystems."10 This broad definition encompasses all types habitat [and] at least some modified habitat, as
living organisms that make up those habitats. includes genetic diversity of [both domesticated species. This diversity
makes up the structure ecosystems that support human

The Convention is a conservation agreement, agreement. It recognizes that "the conservation of common concern of
humankind."12 It requires comprehensive set of actions to conserve biodiversity genetic resources that are its ultimate
source - and biodiversity is

For example, parties must, "as far as possible and take the following steps: make national conservation or strategies;
integrate biodiversity protection into programs; inventory biodiversity within national jurisdiction; monitor activities that harm
biodiversity; and protect a range of measures, such as the creation of protected aimed at ensuring sustainable

in the industrialized countries of the temperate zones. In the Biodiversity Convention, the industrialized developing "South"
attempted to balance equitably resources, with access to its benefits, such as biotechnology. Biodiversity Convention
expresses some of the should govern the genetic resources trade, although qualified

n. Ecological Economics and Justice

m. Putting Trade in the Context of Ecology

framework. First, the Preamble acknowledges that both biodiversity and its "components" have many values in
addition to economic value, including "ecological, genetic, social, . . . scientific, educational, cultural, recreational and
aesthetic values," as well as "intrinsic" value. (While it establishes no obligations, the Preamble recites factual findings on
which all Convention Parties agreed.)
words, the Convention goes beyond value of biodiversity in the form of traded genetic provides many goods and services
outside of markets, "life sustaining systems of the biosphere." These irreplaceable with today's technologies, and it
societies will have the resources to replace technologies, at any time in

Two provisions of the Convention explicitly recognize the potential value of traditional ways for conservation. First,
Article 8(j) of the Biodiversity Convention requires countries, "as far as possible and as appropriate," to take measures to
"respect, preserve and maintain knowledge, innovations and practices of indigenous and local communities
embodying traditional lifestyles relevant for conservation and sustainable use."53 Second, Article 10 requires countries to
"[p]rotect and encourage customary use of biological resources in accordance with traditional cultural practices that are
compatible with conservation or sustainable use.

Five Years after the "Earth Summit": Implementation and Effectiveness of the Convention on
Biological Diversity Author(s): Thomas Yongo Source: Proceedings of the Annual Meeting (American
Society of International Law) , APRIL 9-12, 1997, Vol. 91, Implementation, Compliance and
Effectiveness (APRIL 9-12, 1997), pp. 321-328

evaluate how effectively the Convention on Biological Diversity (CBD) ensures that state parties do
implement and comply with its provisions.8

The CBD entered into force upon the thirtieth ratification on December 29 1993. As of April 1997, 164
countries and the European Union have ratified the CBD and an additional eighteen countries have
signed it. On December 29, 1994, the UN General Assembly declared December 29, the date of entry
into force of the convention, International Day for Biological Diversity

The objectives of the CBD reflect the application of the principle of fairness and equity in sharing of the
benefits arising out of the use of genetic resources.

The principle of common but differentiated responsibility is endorsed in the preamble to the CBD and is
implicitly reflected in various other provisions to safeguard the special interests and circumstances of
developing countries.

The CBD is very liberal about those who can participate in and at its Conference of the Parties (COP).20
It recognizes that in many ways environmental nongovernmental organizations (NGOs) concerned with
the conservation and sustainable use of biological diversity, such as the International Union for the
Conservation of Nature, Greenpeace and World Wildlife Fund, have made important contributions to
increased transparency in international processes. The CBD remains a forum in which NGOs remain
deeply involved and committed. As such, it represents an important forum for the principles and
objectives of chapter 27 of Agenda 21 on strengthening the role of NGOs: partners for sustainable
development.
Supporting Institutions A comprehensive enforcement regime is crucial to an international legal
instrument such as the CBD, because it ensures that contracting parties make good on their duties and
obligations. Accordingly, there are a number of provisions in the convention that are specifically
designed to ensure the practical realization of the commitments undertaken by the parties. A
Conference of the Parties is established which is charged, inter alia, with the task of keeping under
review the convention's implementation. To that end, it is mandated to establish the form and the
intervals for transmitting the information to be submitted by the parties and to consider such
information and reports submitted by any subsidiary body.

THE CONVENTION ON BIOLOGICAL DIVERSITY'S FIFTH ANNIVERSARY: A GENERAL OVERVIEW OF THE

CONVENTION—WHERE HAS IT BEEN AND WHERE IS IT GOING? Author(s): Amanda Hubbard Source:
Tulane Environmental Law Journal , SUMMER 1997, Vol. 10, No. 2 (SUMMER 1997), pp. 415-446

I. INTRO
II. GOALS OF THE CONVENTION
III. RATIFICATION OF THE CONVENTION
IV. EVALUATION OF PROGRESS TOWARD THE CONVENTION’S OBJECTIVES
A. Member Parties’ Progress Toward Objectives
1. Technology Transfer and genetic resource sharing
2. National conservation plans and surveys
3. Education programs
4. Environmental impact assessment
5. Information sharing
6. Funding obligations
B. COP’s and Secretariat’s Progress
1. Information dispersal
2. Financial mechanism
3. Administrative functions
4. Additional advancements
V. CONCLUSION
 I. INTRO
"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 a part; this
includes diversity within species, between species and of ecosystems.

10 Biological diversity seeks to prevent the untimely demise of differentiated species

The purpose of the Convention is to protect the planet's valuable biological heritage and ensure fair and equitable
transfer of biological resources.

II. GOALS OF THE CONVENTION

The Convention on Biological Diversity is the first international commitment to preserving the planet's
biological structure.18 other Conventions developed at the Rio Conference, the Biodiversity Convention is
a comprehensive treatment of one distinct aspect larger global environmental problem.19 The
Convention preserve biological diversity by outlining common goals. These goals then provide a framework
for nations to use when negotiating and conservation agreements

First, the Convention seeks to promote conservation of biological diversity.25 The

Convention promotes both in situ and ex situ programs.26
Second, the parties commit to sustainable use of biological components.27 In order to reach
a broader consensus, the Convention recognizes the need for commercial development, but
strives to achieve a balanced goal of sustainable use. Both conservation and economics are
motivations for the sustainable use of resources. Countries can realize this goal through
implementation of national conservation plans such as the national refuges and wilderness
areas here in the United States.
Third, signatory nations commit to fair and equitable sharing of the benefits arising out of
the utilization of genetic resources.28 DNA, and the chromosomes and genes constituting it,
is the common denominator of biological diversity. The focus on integration with developing
countries (who control access to the vast majority of species) encourages the creation of
joint ventures, enabling fair sharing of the benefits and results of biological research and
engineering. Countries who have signed and ratified the Convention have used these three
principles when developing their national programs.29 In a subsequent section, a review of
some of the programs developed within the Convention framework illuminates these
concepts

III. RATIFICATION OF THE CONVENTION

 IV. EVALUATION OF PROGRESS TOWARD THE CONVENTION’S OBJECTIVES
A. Member Parties’ Progress Toward Objectives

B.
C. The Convention parties recognized, in Article 13, the need to educate the public on the needs of
ecosystems to support diversity and mandated the development of educational programs.42 The
Convention requires each nation to develop a national action plan to conserve biodiversity and
incorporate biodiversity conservation into other relevant national programs.43 Educational and
scientific training programs concentrating on biological studies are emphasized.44 The Convention
encourages research that is compatible with the overall goal of sustained biological diversity and
recovery in damaged regions.45 The signatories' responsibilities include taking advantage of media and
formal educational programs in order to spread the message that conservation of biodiversity is vital.46
The Convention also recognized the burden such educational mandates would have on developing
countries and added a special clause to the beginning of Article 12 stating that contracting parties must take
special status of developing nations into account when implementing research and training programs.47
In addition to developing specific programs, the Convention directs states to develop and propose
novel solutions to traditionally divisive issues.48 The following directives are areas where no
consensus currently exists, preventing wide ranging cooperative conservation efforts. Contracting parties
are encouraged to find ways to open up access genetic resources, subject to informed consent.

Article 20 provides a mechanism for funding the Convention's endeavors.59 Each party is to provide financial support
according to its available resources and commensurate with the national objectives undertaken to meet the
Convention's directives.60 Developed countries are expected to contribute additional funding to compensate for programs
needed to aid developing countries.

programs.66 Other areas where parties have made progress toward directives include developing educational
programs, organizing a process for environmental impact assessment, implementing technology and genetic resource sharing
procedures, sharing information and fulfilling funding obligations under the Convention.

1. Technology Transfer and genetic resource sharing

2. National conservation plans and surveys
3. Education programs
4. Environmental impact assessment
5. Information sharing
6. Funding obligations
D. COP’s and Secretariat’s Progress
1. Information dispersal
2. Financial mechanism
3. Administrative functions
4. Additional advancements
7. CONCLUSION