World today are endangered by the ecological degradation. One of the serious issues is related to
There is an urgent need to improve biodiversity at the international, regional and national level.
Destruction of biodiversity contributes to climate change.
As a result of human activities, something is need to done correctly to commits humans to protect diversity due to their own conduct. Thus, it is important to consider the relationship between the Convention on Biological Diversity and other regimes in order to safeguard the ecology from being destroyed. In this paper, the writer will look the at the relationship and synergies between the Convention on Biological Diversity and the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) as well as the ASEAN Agreement on the Conservation of Nature and Natural Resources.
The Convention on Biological Diversity being the central treaty was the first to address conservation and sustainable use of all biological diversity worldwide.1
Thus, CITES and SEAN Agreement on the Conservation of Nature and Natural Resources were chosen since both regimes may work side by side in order to address biodiversity development and conservation.
The aim of this paper is to look at how synergies between these regimes may help to cater the issue on the ecological degradation, to assess possible conflicts and to suggest legal solution for reconciling these regimes.
2.0 The Regimes
Convention on Biological Diversity (CBD)
The convention was signed on 1992 with three main goals which are conservation of biological diversity, the sustainable use of its components, and the fair and equitable sharing of the benefits arising from utilization of genetic resources.2 CBD is the first major international treaty where it promotes the development and implementation of law with regards to biological diversity.
The actions that were taken by the states which adopt CBD are to promote the development and application of law at the domestic level for the conservation and sustainable use of biological diversity by making inventories of resources and integrating the plans into development strategies.3
CBD is also requires the assistance of developing countries to help the least developed in carrying out their conservation programmes using the relevant technologies and provides some financial assistance which may help in their treaty obligations later on. The countries also obliged to contribute to the analysis on the intellectual property rights on the conservation and to resolve conflict or incoherence between obligations of environmental trading.4
Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES)
This treaty aims to protect the endangered plants and animals by ensuring that the trading of wild animals and plants do not threaten the species. Its purpose is to protect the animals and plants from extinction. It provides frameworks to the participating countries which resulted in several strategies in dealing with infractions.
CITES works by controlling the international trading of selected species. All dealing including import, export, re-export and introduction from the sea of species provided by the convention has to be authorized through a licensing system..5 There are three Appendices provides in CITES which classified the species of flora and fauna based on their degree of protection needed. Appendix I states the species which are dangerously threaten with extinction where the flora and fauna which falls under Appendix I is highly in concerns. Trading of the specimens of these species is permitted only in exception circumstances. While in Appendix II, it provides for the species which not essentially threaten with extinction. Nevertheless, trading of these species must be monitored and controlled so as to avoid the utilization incompatible with their survival. Appendix III, includes the species that protected in at least one country.
1 Rosendal, Kirstin G. “Interacting International Institutions: The Convention on Biological Diversity and TRIPs–Regulating Access to Genetic Resources.” 44th Annual Convention of the International Studies Association. Vol. 26. 2003.
2 Convention on Biodiversity, Article 1.
3 Cropper, Angela. “Convention on biological diversity.”Environmental Conservation 20.4 (1993): 364-364.
4 Boer, B. (2002). Biodiversity Planning Law: International and National. In J Carew-Reid (Eds.), Biodiversity Planning in the Asian Region, (pp. 531-537). Sri Lanka: IUCN.
5 Editorial. What is CITES? CITES-Convention on International Trade in Endangered Species of Wild Fauna and Flora. Retrieved from https://www.cites.org/eng/disc/what.php