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BCB 341: Principles of
Conservation Biology
LEGAL PROTECTION OF BIODIVERSITY
(NATIONAL & INTERNATIONAL TREATIES)
INTRODUCTION
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Global biodiversity is primarily concentrated in the tropical regions of
the planet
Benefits are global, and often developed nations use a large fraction
for genetic material & resources:
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Developing world with its own problems:
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Agriculture
Medicine
Industry
Rapid population growth
Undergoing economic development
High rates of habitat destruction
Often prepared to undertake conservation, but lack funds and means
for:
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Research
Management
Purchase of land for habitat preservation
INTRODUCTION
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Although most legal & regulatory mechanisms are internal to
countries, there is a clear benefit to international
conservation treaties:
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Cross-border migration: Many species travel across the world, and
hence conservation of one area will be useless if habitat is
destroyed in alternative areas
International trade in biological products: Demand elsewhere can
rapidly cause damage in poor or underpoliced countries
Benefits are international: ecosystems regulate climate, provide
resources for various industries, & provide tourist & scientific
value
Environmental problems are often international:
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Pollution & draining of rivers & lakes
Atmospheric pollution & acid rain
Greenhouse gases & climate change
Ozone depletion
INTERNATIONAL TREATIES
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Convention on Wetlands: signed in Ramsar, Iran (1971)
[Ramsar Convention]
Convention on International Trade in Endangered
Species of Wild Fauna and Flora (1974) [CITES]
World Heritage Convention (adopted by UNESCO in
1972)
UN Convention on Biological Diversity (1992) [UNCBD,
CBD]
UN Framework Convention on Climate Change (1992)
[UNFCCC]
Kyoto Protocol on Carbon Dioxide Emmissions (1977)
RATIFICATION OF TREATIES
200
150
CITES
Ramsar
World Heritage
100
CBD
UNFCC
Kyoto
50
0
1970
1975
1980
1985
1990
1995
2000
2005
SOURCE: http://earthtrends.wri.org/searchable_db/index.php?action=select_theme&theme=10
RAMSAR
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First international conservation treaty
Designed to protect wetlands and promote wise use of water
resources
Came into force in 1975
Commitments:
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Listed sites – at least one wetland to be included in “List of Wetlands of
International Importance”, and promote its conservation
Wise use – obligation to include wetland conservation into national land
use planning (National Wetland Policies)
Reserves & training – establish nature reserves in wetlands whether
listed or not, and promote training in wetlands research & management
International cooperation – consult other parties about implementation,
particularly with regard to transfrontier water resources
CITES
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Regulates trade in endangered species through a permit system.
Global wildlife trade is worth billions every year
Trade in hundreds of millions of plants & animals
Trade in the most endangered species is prohibited (whales, all apes,
tigers, sea turtles, many raptors & parrots)
Trade in less endangered species is limited to a sustainable level
Decisions about suitability for trade are informed by scientific
analysis & arrived at by all participating members
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Red data lists
Offers varying degrees of protection to more than 30,000 different
plants & animals
UNCBD (CONVENTION ON BIOLOGICAL
DIVERSITY)
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Ratified at the 1992 Rio Earth Summit
Unlike Rio Declaration, it is legally binding for all signatory nations
3 main focuses:
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conservation of biodiversity
sustainable use of the components of biodiversity
equitable sharing of the benefits arising from the use of genetic resources
Embodies “precautionary principle” – where there is a threat of significant
reduction or loss of biological diversity, lack of full scientific certainty should
not be used as a reason for postponing measures to avoid or minimize such
a threat
Frames in terms of human resource value
Not limited to particular species/areas
Parties to report back to COP on measures taken and relative
success/failure of efforts
Technical assistance provided through subsidiary body
Problems:
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Rules on international intellectual property rights that fairly share benefits
Unless research facilities built in 3rd world nations, research into ecology,
taxonomy & biodiversity in general has been curbed
UNFCCC
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Also a binding agreement from the Rio Summit in 1992
Requires industrialized nations to reduce CO2 emissions
& make regular reports on progress
Annex I (developed nations) were to curb all emissions
to 1990 levels by 2000
Funding for meeting guidelines to be provided through
GEF (Global Environment Fund), run by World Bank
Came into effect in 1994
Russia & US refused to sign, so treaty was dead in the
water
KYOTO PROTOCOL
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Successor to UNFCCC, shares same structures
Post-2000 commitments to reductions by developed nations,
limited growth in emissions from developing nations
Goals to be achieved by 2008-2012
GEF to provide funding for CDM (clean development
mechanisms) for developing nations
Emissions cuts: EU ~8%, US 7%, Canada, Hungary, Japan &
Poland 6%. Russia & Ukraine to stabilise emissions
Problem: cuts are from 1990 levels – since most did not
meet 2000 emissions targets, cuts are more in the region of
10-15%
US signed but not ratified in 1998 – dead in water again
FUNDING
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At Rio, initially proposed that developed nations would provide
$150bn pa as aid
Developed nations demurred – agreed in principle to provide 0.7% of
GDP as aid
As of 2002, only Denmark (0.96), Norway (0.89%), Sweden (0.83%)
& the Netherlands (0.81%) reached this level
Many have actually decreased funding: the US has dropped to 0.13%
of GDP
US$5bn spent every year on biodiversity protection
GEF was created in 1991 and is one of the largest contributors –
together with World Bank they provide $250m p.a.
This may seem like a lot, but in comparison with the costs and other
expenditures, it is not very much.
US spends:
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$548.9bn on defense (4% of GDP, 20% of government spending)
$15bn on NASA
$451m on Human Genome Project
Only 100m on biodiversity aid in developing countries
FUNDING II – DEBT-FOR-NATURE SWAPS
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Developing nations owe about $1.3 trillion – 44% of their
GDP
Since these debts often have a low expectation of
repayment, international loan organisations may sell them
on at a steep discount
Some organisations buy these debts off the banks, then
cancel debts in return for commitments to address
biodiversity issues
Other countries may also agree to cancel debts in return for
conservation activities.
So far $1.5bn converted (0.1% of total debt)
Does not address underlying problems leading to
degradation
THE IMPACT OF NON-BIODIVERSITY TREATIES
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In many cases, global trade policies and
development treaties may lead directly to
loss of biodiversity, due to poor planning or
understanding of underlying forces
In 70s & 80s, World Bank loaned $560m to
Indonesia for resettlement from crowded
Java & Bali to Borneo & New Guinea
Relocated families were supposed to undertake subsistence agriculture as
well as produce cash crops (rubber, oil-palm) for export
Tropical islands have poor soil, & were unable to support intensive
agriculture of this nature
Infrastructure did not develop, partly due to corruption/mismanagement
Impoverished farmers forced to move to shifting slash-and-burn agriculture.
Massive forest fires & deforestation, with smoke reaching Australia
Large number of settlers in rural areas also led to ethnic conflict
CASE STUDY: BRAZILIAN HIGHWAYS
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Since 1981, WB & Inter-American
Development Bank loaned Brazil hundreds
of millions to develop Rondonia (in the
Amazon forest)
Highways built, and farmers encouraged to
move on to free land
Huge areas of forest cut down next to roads
for ranching – fastest deforestation ever
In 1987, 20m ha (2.5% of Brazil’s total area) of forest were burned
Since too little was put aside for research and for protection, highways cut right
through Amerindian reserves & biological reserves, opening them up for deforestation
Cattle ranches & tree plantations failed due to poor soils & reduced rainfall, so loans
were not paid back.
Increased Brazil’s national debt, for no real gain & large losses of biodiversity
Deforestation & burning continued – particularly high in 1997 &1998
A second round of development is being embarked on, building 6245km of new roads
IUCN RED DATA LIST
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International Union for the
Conservation of Nature and Natural
Resources is a global coalition of
NGOs
Provides information and
recommendations to all
conservation bodies
Divided into six different
The percentage of species in several groups which are listed as critical,
commissions
endangered or vulnerable on the 2007 IUCN Red List.
World Commission on Protected Areas promotes the establishment of a global
network of terrestrial & marine protected areas & reserves
Species Survival Commission advises on species conservation, mobilises action
on endangered species & maintains Red Data List
Establishes conservation priorities for all levels of conservation planning
worldwide
There are nine groups of threat, depending on rate of decline, population size,
area of geographic distribution & degree of fragmentation: Extinct, Extinct in the
Wild, {{Critically Endangered, Endangered, Vulnerable}}, Near Threatened, Least
Concern, Data Deficient, Not Evaluated.
NATIONAL LEGISLATION
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To some extent informed by international treaties
Deal with local issues
Regulate activities that directly influence
species/ecosystem balances
Restrictions generally enforced where species/systems are
identified as vulnerable
Hence, initial scoping is essential – still not complete in
many countries
SA has local Red Data List – classification of species into
several different categories of threat
On the basis of this, there are usually protected area
networks that limit potential development and activities
within the area.
PROTECTIVE LEGISLATION
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Zoning laws prevent construction in sensitive areas, and limit
extent of activities ( eg: wetlands, barrier beaches are often
zoned for no development)
In areas zoned for development, there may different
classifications of development allowed
Scrutiny of all development is increasing in many countries
Hence environmental impact assessments may be required
for certain activities (especially in SA)
EIAs scope the potential damage that an activity may have
on the environment – recent development globally
Protected areas & reserves are generally legislated by
different levels of local, regional & national government
PUBLIC PRIVATE PATNERSHIPS
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In addition to legal reserves there are a number of strategies open to
governments for conservation in conjunction with private landowners
Land trusts: Private organisations that purchase land for
conservation purposes and either run it or donate it to the
government
Conservation easements: landowners contractually give up the right
for development of land in return for tax breaks or monetary
compensation.
Limited development: some part of the land is allocated for
development, whilst the remainder falls within an easement. Useful
for agricultural areas
Conservation leasing/concessions: private landowners actively
manage land for conservation, or may outbid logging companies to
run sites for conservation purposes
The problem is that these all need monitoring to ensure fulfilment of
contractual obligations
CONCLUSION
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International treaties are essential to biodiversity
maintenance, because many issues are transnational in
scope.
Development funding should be planned, and
biodiversity impacts considered
Scoping & monitoring of species and systems on the
ground is a priority
National environmental legislation should be influenced
by international treaties but address local issues
Alternatives to protected areas should be considered to
reduce government expenditure