Ole Kr. Fauchald Introduction to biodiversity n What is ”biodiversity”? ä Distinguish between levels of biodiversity ä Development of biodiversity ä The concept of species n What are the benefits of biodiversity? ä To humans ä To ”life on earth” n What is the status of biodiversity? n What is the prospect for biodiversity? n Which are the main threats against biodiversity? ä Land use – eco systems ä Climate change ä Hunting and killing (including dependency on other species) ä Pollution ä Alien species (including GMOs?)

Ole Kr. Fauchald Normative issues n State sovereignty ä Modified by ”common heritage”, ”common inheritance”, ”common interest”, ”common concern”, ”common property”, the controversial issue of indigenous peoples ä Tragedy of the commons n Cross border issues n Threatened species n The role of ”mixed” NGOs – IUCN n The debate: Conservation vs. sustainable use ä Which status should be ”conserved”? ä From a static to a dynamic view on biodiversity ä Common property? n The content and role of global declarations – soft law! ä Rights based approach? ä Slow progress based on soft law instruments and obligations

Ole Kr. Fauchald Extending rules to biodiversity? n Draft articles on prevention ä Do the general rules cover management of common resources? CBD art. 3 ä Example: hunting of wolves in Norway n Precautionary principle ä Extend to management measures? ä The danger of collapse of ecosystems n Prior informed consent ä GMOs, trade in endangered species, transfer of genetic resources n Common but differentiated responsibilities (Rio princ. 7) ä Where is biodiversity located? Who benefit from maintenance of biodiversity?

Ole Kr. Fauchald Approaches to protection n Biological resources vs. genetic resources n Addressing individual threats ä Hunting and exploitation ä Area protection ä Land use in general ä Pollution ä Alien species, including GMOs? n Addressing specific areas ä Terrestrial vs. marine ä Special areas (Antarctic, high seas, deep seabed, the Alps) n In situ and ex situ protection ä Formal and informal arrangements ä The issue of ”endemic” species, genes or ecosystems

Ole Kr. Fauchald The CBD n CBD as lex generalis? Art. 22 n CBD as an ”umbrella” or ”framework” convention? ä ”as far as possible and as appropriate” ä The quality of the commitments ä The relationship to existing treaties n The scope of the CBD n The objectives of CBD (art. 1) ä Striking a balance between developed and developing countries n The importance of processes initiated under CBD

Ole Kr. Fauchald The rules of CBD I n Lack of knowledge ä Art. 7, 12, 13, 14 - programs and cooperation n Lack of national strategies ä Art. 6 - report obligation n Need for conservation measures ä Art. 8, 9 - in situ / ex situ –Art. 8: Habitats (a-f), alien species (g-h), overexploitation (i-k), other (l) –Art. 9: Complementary, country of origin n Sustainable use ä Art. 10, 11, 14 - local communities, lack of specificity

Ole Kr. Fauchald The rules of CBD II n Making it profitable to conserve biodiversity n Sharing of benefits ä Art. 15, 16, 17, 18, 19 - create incentives, hard law, balance of interests (access / benefit sharing) ä Distinction between wild and cultivated species ä ”Prior informed consent” and ”mutually agreed terms” ä The interaction between CBD and WTO n Lack of funding ä Art. 20, 21 - link to obligations, new and additional resources, interpretative declaration ä The link to the Global Environment Falility and the Climate Change Regime

Ole Kr. Fauchald Other biodiversity conventions n Bonn Convention (CMS) – example of a ”mixed” agreement ä Contains some obligations based on listing of species in Appendix I ä Is a framework agreement for protocols related to species listed in Appendix II ä Focus on conservation n Protection of species at regional level ä Setting common objectives ä Importance of institutional structures ä Importance of specific obligations - appendices

Ole Kr. Fauchald Treaties focusing on threats n Habitat threats ä Ramsar Convention, World Heritage Convention, some species specific conventions ä Regional conventions – Bern Convention n CITES ä Agreement on the use of trade measures to protect the environment ä To what extent is trade the problem? ä The broader importance of species listing in CITES n Fishing ä Management cooperation ä Methods of fishing – driftnets n Alien species – Ballast water and GMOs

Ole Kr. Fauchald IPR and biodiversity n To what extent can genetic resources be an incentive for biodiversity protection? ä Art. 1 and 15 of CBD – the issue of ”benefit sharing” ä The International Treaty on Plant Genetic Resources for Food and Agriculture – Gene banks n Establishing exclusive property rights to genetic resources ä The issue of ”inventive step” ä The issue of industrial applicability ä The problem of additional conditions for patents ä Development of multilateral patents

Ole Kr. Fauchald Climate change and biodiversity n The ”sinks” issue ä Forests as a sink, and forestry as part of the CDM – essential incentives n The biofuel issue ä Promoting biofuels – Implication of flexibility mechanisms: ETS and CDM n Biodiversity challenges ä Expanding agriculture ä New agricultural practices? ä New challenges concerning varieties of species ä How are these challenges addressed at the international level? ä The weakness of the CBD – focus on sovereignty