Convention on Biological Diversity

Summary

This video explores the **Convention on Biological Diversity (CBD)**, its history, and its importance in international law. The CBD, established in 1992 and operational since 1993, focuses on conserving biological diversity, promoting its sustainable use, and ensuring fair benefit-sharing from genetic resources. The video highlights key protocols such as Cartagena and Nagoya and discusses their role in protecting biodiversity. It also delves into a case study involving a territorial dispute between Costa Rica and Nicaragua, showcasing the CBD’s application in international legal disputes and its role in environmental protection, demonstrating its evolution from a soft law to a binding international treaty.

Takeaways

• 😀 The Convention on Biological Diversity (CBD) was established in 1992 during the Earth Summit in Rio de Janeiro and became operational in 1993.
• 😀 The CBD's primary goals are the conservation of biological diversity, sustainable use of its components, and equitable sharing of benefits arising from genetic resources.
• 😀 The Cartagena and Nagoya Protocols are supplementary agreements to the CBD, focusing on biosafety and the equitable access to genetic resources, respectively.
• 😀 The CBD recognizes that biodiversity is essential not only for ecosystems but also for human needs such as food security, medicine, and a healthy environment.
• 😀 The CBD is considered an international legally binding treaty, with 196 parties ratifying the treaty, though not including the United States and the Holy See.
• 😀 The CBD incorporates the precautionary principle, which encourages taking preventive measures if an activity may harm the environment, even without full scientific evidence.
• 😀 Sovereignty is a key principle in the CBD, with countries having the right to exploit their resources under their own environmental policies while ensuring activities do not harm other nations.
• 😀 The CBD highlights the importance of gender equality, emphasizing the role of women in biodiversity conservation and promoting their full participation in policymaking.
• 😀 The case study of Costa Rica vs. Nicaragua illustrates how the CBD's principles are applied in international law, with Costa Rica successfully claiming compensation for environmental damage caused by Nicaragua.
• 😀 The CBD’s role in international law has evolved from 'soft law' (non-binding) to 'hard law' (binding), particularly through judicial decisions like the Costa Rica-Nicaragua case.
• 😀 The compliance committee under the Nagoya Protocol ensures that parties adhere to the CBD's provisions, providing a framework for addressing disputes through negotiation or mediation.

Q & A

What is the main objective of the Convention on Biological Diversity (CBD)?

The main objective of the CBD is to promote the conservation of biological diversity, the sustainable use of its components, and the fair and equitable sharing of benefits arising from the utilization of genetic resources.

When did the Convention on Biological Diversity officially begin its operations?

The CBD officially began its operations in 1993, after being introduced at the Earth Summit in Rio de Janeiro in 1992.

What are the three main goals of the CBD?

The three main goals of the CBD are: 1) Conservation of biological diversity, 2) Sustainable use of biodiversity components, and 3) Fair and equitable sharing of benefits arising from the utilization of genetic resources.

What is the Cartagena Protocol and how does it relate to the CBD?

The Cartagena Protocol, adopted in 2000, is a supplementary agreement to the CBD focused on biosafety. It aims to protect biological diversity from the potential risks posed by genetically modified organisms resulting from modern biotechnology.

How does the Nagoya Protocol contribute to the CBD?

The Nagoya Protocol, adopted in 2010, provides a legal framework for the access to genetic resources and the fair and equitable sharing of benefits arising from their utilization, furthering one of the key goals of the CBD.

What is the significance of the CBD's precautionary principle in environmental law?

The precautionary principle in the CBD suggests that if there is a strong suspicion of environmental harm from an activity, it is better to regulate or halt that activity before conclusive scientific evidence is available, helping prevent potential damage to biodiversity.

Which countries have not ratified the CBD?

The United States and the Holy See (Vatican) are the only two entities that have not ratified the CBD.

How does the CBD address issues of sovereignty and responsibility?

The CBD emphasizes that states have the sovereign right to exploit their natural resources according to their own environmental policies. However, they also have the responsibility to ensure that their activities do not harm the environment of other states or areas beyond their national jurisdiction.

What role does gender equality play in the CBD?

The CBD recognizes the vital role of women in the conservation and sustainable use of biodiversity. It emphasizes the need for the full participation of women in all levels of policy-making and implementation for biodiversity conservation.

What was the significance of the 2013 International Court of Justice ruling in the Costa Rica vs. Nicaragua case?

The ICJ ruling in 2013 was significant because it confirmed that ecosystem damage, including the loss of biodiversity services, could be compensated under international law. It highlighted the importance of the CBD in enforcing environmental protections across nations.

What is the role of the Compliance Committee under the Nagoya Protocol?

The Compliance Committee under the Nagoya Protocol monitors and ensures compliance with its provisions. It can receive submissions on compliance issues and encourages parties to resolve disagreements through negotiation, with arbitration or the International Court of Justice as last resorts.