Convention on Biological Diversity Part 3

 

THE Convention on Biological Diversity : MOVING FROM POLICY TO IMPLEMENTATION
Marjo Vierros
Sustainable Development Law & Policy
Volume 7, Number 1, Fall 2006 p.17

Analysis of the Objectives of the Convention on Biological Diversity: Their Interrelation and Implementation Guidance for Access and Benefit Sharing
Aphrodite Smagadi
Columbia Journal of Environmental Law
Volume 31, Number 2, 2006 p.243

Patents and Biological Diversity Conservation, Destruction and Decline? Exploiting Genetic Resources in Queensland under the Biodiscovery Act 2004 (Qld)
CHARLES LAWSON
European Intellectual Property Review
Volume 28, Issue 8, August 2006 p.418

This article reviews the place of Patents under the Queensland Biodiscovery Act 2004 (Qld) in addressing the objective of the United Nations Convention on Biological Diversity to access and share the benefits from using genetic resources. This article is a case study of the interaction between patents and a “best practice”approach to access and benefit-sharing genetic resources.

Conservation of Tropical Forests under the Clean Development Mechanism: A Path Forward
Anna Forberg
McGill International Journal of Sustainable Development Law and Policy
Volume 2, Number 1, 2006 p.53

This article argues that including forest conservation under the Kyoto ProLaw Journal / Law Reviewol’s Clean Development Mechanism (CDM) is a viable next step in the effort to protect tropical forests, providing an economic, market-based incentive which would challenge unsustainable logging and conversion of forested lands for agricultural purposes. A case study, the Noel Kempff Carbon Action Project in Bolivia, is presented as an example of how such an approach is consistent with the goal of sustainable development in developing countries. Close ties between the objectives, principles, and commitments of the Convention on Biological Diversity (CBD) and those of the United Nations Frame-work Convention on Climate Change (UNFCCC) provide a legal basis for including conservation under the CDM.

When Two Worlds Collide: Ownership of Genetic Resources under the Convention on Biological Diversity and the Agreement on Trade-Related Aspects of Intellectual Property Rights
Greg K. Venbrux
Pittsburgh Journal of Technology Law and Policy
Volume 6, Fall 2005 / Spring 2006

The New Challenges to the International Patentability of Biotechnology: Legal Relations Between the WTO Treaty on Trade-Related Aspects of Intellectual Property Rights and the Convention on Biological Diversity
Jonathan Curci
Brigham Young University International Law & Management Review
Volume 2, Number 1, Winter 2005

Since the treaty on Trade-Related Aspects of Intellectual Property Rights (TRIPS) of the World Trade Organization Agreement internationalized the patentability of living forms, the international community has engaged a lively debate on the interstate exchange of biological diversity and the benefit sharing thereof. This controversy concerns the well-known opposition between industrialized and developing countries. The latter, rich in biological resources, must provide patents for the exclusive rights to products or processes based upon raw material allegedly misappropriated from their countries by private corporations from industrialized countries. The author analyzes the legal conflicts between intellectual property Treaties and the Convention on Biological Diversity (CBD) and TRIPS. He then utilizes the rules of treaty interpretation under the 1969 Vienna Convention on the Law of Treaties to suggest ways in which parties to both bodies of law can interpret and implement them in a mutually supportive manner. Finally, the author outlines the current WTO Members’ opposing positions and reviews the TRIPS Agreement as appropriate in leading future WTO Ministerial Conferences.

The conservation of marine biological diversity in areas beyond national jurisdiction
Mathias Pecot
Environmental and Planning Law Journal
Volume 22, Number 6, December 2005 p.459

As a source of ecological balance and a valuable economical resource, marine biological diversity is doubtless a global environmental concern. The alarming rate of degradation directly calls into question the responses provided under the laws of ocean governance. This article focuses on marine biological diversity in “areas beyond national jurisdiction”(ABNJ) under the 1982 United Nations Convention on the Law of the Sea . It provides an overview of the present conservation regime. The first diagnosis is that the conservation of marine biodiversity in ABNJ is filled with gaps: gaps in mandate or competence, gaps in the exercise of existing mandates and institutional gaps. The ever-increasing need for conservation is therefore not satisfied. The downfall of High Seas freedom as a leading principle in ABNJ governance and the plausible revitalisation of the Common Heritage of Mankind are to be expected in order to obtain further guarantees towards a sustainable management.

Evaluating and Enhancing the Implementation of the Marine and Coastal Programme of Work of the Convention on Biological Diversity
Marjo Vierros and Charlotte Salpin
Ocean Yearbook
Volume 19, 2005 p.232

BIOPROSPECTING AND TRADITIONAL KNOWLEDGE IN TERMS OF THE SOUTH AFRICAN NATIONAL ENVIRONMENTAL MANAGEMENT: THE BIODIVERSITY ACT
CRAIG KHAN
Bio-Science Law Review
Volume 7, Issue 4, 2004/2005 p.165

This short article examines the provisions of the South African National Biodiversity Act 2004, passed to enable South Africa to comply with the objectives of the Convention on Biological Diversity that it is ratified in November 1995. Among the provisions of the new act, which are due to come into force on 1 January 2006, is Chapter 6 of the act that deals with bioprospecting, access and benefit sharing. To date now regulations have been drafted and there is therefore uncertainty on the procedures that need to be followed to satisfy the requirements of the act. The article outlines the areas of concern.

Application of the ‘Precautionary Principle’ in the 2000 Biosafety ProLaw Journal / Law Reviewol to the 1992 Convention on Biological Diversity
Simon Brown and Daud Hassan
Journal of International Biotechnology Law
Volume 2, Issue 3, May 2005 p.112

 

Author: international

Mentioned in these Entries

Convention on Biological Diversity, High Seas, Patents, Treaties, United Nations Convention on the Law of the Sea.