The convention on biological diversity: Ten years on and the strategic plan

Abstract

The Conference of the Parties to the Convention on Biological Diversity (Convention) has taken 114 decisions and launched programmes of work to address five biome‐based themes and thirteen cross‐cutting issues. The challenge for the Convention now is to demonstrate, through action and deed, that it is an effective vehicle for implementing this policy. In response to this challenge, the Conference of the Parties at its fifth meeting, in May 2000, decided to initiate a process to develop a Strategic Plan for the Convention that would provide an important mechanism for the implementation of this policy. This Note, which is an abridged version of document UNEP/CBD/MSP/2, has been prepared to assist participants in this Conference to provide more focused suggestions for the development of the Strategic Plan for the Convention.     

Conflict or compatibility? The trade,conservation and animal welfare dimensions of cites

Abstract

While analysis of the effectiveness of the Convention on International Trade in Endangered Species (CITES) often focuses on its ability to ensure sustainable trade in the species it regulates, the treaty also contains many provisions intended to ensure the welfare of species introduced into international trade. While such provisions serve salutary objectives, they are often complied with only in the breach. Efforts should be made by the Parties to CITES to ensure implementation of the animal welfare provisions of CITES through stricter enforcement measures, enactment of national legislation and an interpretation of treaty provisions that furthers the underlying welfare objectives of the Convention.     

Conservation and modern information technologies: The global register of migratory species (GROMS)

Abstract

The present paper reviews the state of knowledge of migratory species protected under the Bonn Convention (Convention on the Conservation of Migratory Species of Wild Animals) and presents first results from the “Global Register of Migratory Species” (GROMS). GROMS summarises our knowledge on migratory species within one relational database in combination with a geographical information system (GIS). GROMS will reveal information deficiencies, support the Convention on the Conservation of Migratory Species of Wild Animals, and contribute to the Clearinghouse Mechanism under the Convention on Biological Diversity. At present, GROMS contains 412 species distribution maps in GIS format. As an initial example of the potential of GIS‐analysis, GIS‐maps of birds and mammals were intersected with administrative borders, and the number of species was calculated for each province. The resulting map shows a high diversity in temperate regions, which is in contrast to maps that usually show most “biodiversity hotspots” to be in the tropics. Consequences for conservation policies are discussed and future prospects for GIS analysis are outlined.     

Fisheries management in Jamaica,international perspectives

Abstract

This paper examines Jamaica's efforts to implement of the conservation and management provisions of the United Nations Convention on the Law of the Sea (UNCLOS), bearing in mind that prior to 1982 there was an existing legal framework that sought to address issues relating to fisheries management. More specifically, the paper looks at the issues related to the conservation and management of straddling and highly migratory fish stocks under UNCLOS and subsequent agreements negotiated under the auspices of UNCLOS. It also addresses the problems Jamaica faces with the conservation and management of Queen Conch (Strombus Gigas), in particular, the UNCLOS provisions regarding access to such resource, taking into account the limitations to such access as regulated by the Convention on the International Trade in Endangered Species of Wild Fauna and Flora (CITES).     

Costa Rica's biodiversity law: Sharing the process 1

Abstract

This article assesses the prospects for Costa Rica's new Biodiversity Law. We believe that this analysis could also provide a valuable case study of national implementation of the Convention on Biological Diversity (CBD). The article is not intended to be a primer on the CBD, nor will it defend its precepts. The authors believe that each nation must formulate a legal framework to regulate biodiversity that reflects their unique national circumstances.     

Problems and Prospects for the Convention on the Conservation of Antarctic Marine Living Resources Twenty Years On*

Abstract

Twenty years after its adoption, the Convention on the Conservation of Antarctic Marine Living Resources (CCAMLR) remains unique among fisheries agreements in its declared commitment to considering the impact of existing or proposed fisheries on the entire ecosystem, rather than on just the harvested species. However, the recent picture of fisheries activities within the Convention area suggests a substantial ‐ and perhaps widening ‐ gap between theory and practice. The fishery that has most clearly proven beyond CCAMLR's capacity, and which has resulted in the most significant damage to the Antarctic environment in modern times is that for Patagonian Toothfish, Dissostichus eleginoides. That fishery is discussed in more detail below. The roots of that problem in conjunction with structural problems that have contributed to CCAMLR's inability to deal with the toothfish challenge threaten to be repeated in the second‐generation krill fishery that is rapidly developing in Antarctic waters. The authors provide suggestions for structural and procedural changes within CCAMLR to permit it to effectively manage the marine living resources of the Southern Ocean.     

The genie in the bottle: The international regulation of genetically modified organisms

Abstract

This paper describes the circumstances surrounding charges laid against a retail vendor of Traditional Asian Medicinals under Canada's Wild Animal and Plant Protection and Regulation of International and Interprovincial Trade Act (WAPPRI‐ITA). The vendor was charged with selling a product containing species listed as Appendix I under the Convention on International Trade in Endangered Species of Wild Flora and Fauna (CITES).     

Sharing the benefits of biodiversity the Kani TBGRI deal in Kerala,India

Abstract

The United Nations Convention on Biological Diversity (CBD) concluded at the Earth Summit in 1992, mandates that where utilisation of the knowledge, innovations and practices of local and indigenous communities leads to benefits, such benefits shall be equitably shared with the holders of such knowledge, innovations and practices. The study analyses some of the issues that have emerged in the context of a ‘benefit sharing exercise’ attempted by the Tropical Botanic Garden and Research Institute (TBGRI), a research institute based in Kerala, with the Kani tribals of Kerala, pursuant to the development of a pharmaceutical drug, based on the knowledge, information and natural resources that the Kanis have nurtured over many years.

As the case study illustrates, the debate on benefit sharing in the absence of other fundamental rights such as the rights to land, access to the resource and adequate governance structures becomes a limited and myopic exercise. A ‘fair and equitable benefit sharing mechanism’ would therefore call for certain basic pre‐conditions that will be discussed in the course of the study.     

INTERNATIONAL PARENTAL CHILD ABDUCTION: WHY WE NEED TO EXPAND CUSTODY RIGHTS PROTECTED UNDER THE CHILD ABDUCTION CONVENTION

The Child Abduction Convention, an international treaty, protects custody rights internationally among its member states by providing a remedy of return in cases where a child was wrongfully removed in violation of a parent's custody right. There is no such remedy for the violation of a parent's access (or visitation) rights. A ne exeat clause in a child custody agreement restrains a custodial parent from removing a child from a predetermined jurisdiction (such as a particular country) and can be issued when there is a risk that the custodial parent might flee to another country with the child(ren). Currently there is a circuit split within the United States as to whether a ne exeat right coupled with the right of access should equal a protected custody right under the Convention. Most international courts protect the ne exeat right under the Convention; however some do not. A ne exeat right should convey a protected custody right for policy reasons. The beneficial implications of a ne exeat right creating a protected custody right under the Child Abduction Convention clearly outweigh the detriments. While there is no instant solution to the inconsistencies among various courts in interpreting the Child Abduction Conventions’ scope in regard to a ne exeat right, there are ways to resolve the problem. If consistency in judicial interpretation cannot be achieved, a movement needs to be initiated to create a protocol to the Child Abduction Convention to further explain the scope of custody rights and ne exeat rights under the Convention.     

A generalization of the obligation to prevent: From genocide convention to racial discrimination convention

The decision of the International Court of Justice in the case concerning the application of the Convention on the Prevention and Punishment of the Crime of Genocide (“Genocide Convention”) highlights states’ obligations under the Convention, especially the obligation to prevent. When it comes to the case concerning the International Convention on Elimination of All Forms of Racial Discrimination (“Racial Discrimination Convention”), the decision of the Court indicating provisional measures seemingly purported to generalize its jurisprudence in the Genocide Case. By elaborating this kind of new jurisprudence, the Court echoed to the responsibility to protect, as well as to Article 48 and Article 54 of the Draft Articles on the Responsibility of States for Internationally Wrongful Acts (“Draft Articles of State Responsibility”). It appears that each State Party should have an obligation to intervene in the coming genocide incidence, perhaps as well as in the coming racial discrimination cases. Nevertheless it is unclear in what manner a state could implement it effectively.     

30 years on - The review of the Council of Europe Data Protection Convention 108

The Council of Europe is engaging in a process of revising its Data Protection Convention (Convention 108) to meet and overcome these challenges. The Council of Europe celebrates this year the 30th Anniversary of its Data Protection Convention (usually referred to as Convention 108) which has served as the backbone of international law in over 40 European countries and has influenced policy and legislation far beyond Europe’s shores. With new data protection challenges arising every day, the Convention is revising its Data Protection Convention. Computer Law and Security Review (CLSR) together with the Intl. Association of IT Lawyers (IAITL) and ILAWS have submitted comments in response to the Expert Committee’s public consultation on this document. CLSR aims to position itself at the forefront of policy discussion drawing upon the high quality scholarly contributions from leading experts around the world.     

EU Accession to the ECHR: Between Autonomy and Adaptation

After the European Union's accession to the European Convention on Human Rights the EU will become subject to legally binding judicial decisions of the European Court of Human Rights (ECtHR) and participate in statutory bodies of the Council of Europe (Parliamentary Assembly; Committee of Ministers) when they act under the Convention. Convention rights and their interpretation by the ECtHR will be directly enforceable against the EU institutions and against Member States when acting within the scope of EU law. This will vest the ECHR with additional force in a number of Member States, including Germany and the UK. All Member States will further be subject to additional constraints when acting under the Convention system. The article considers the reasons for, and consequences of the EU's primus inter pares position under the Convention and within the Council of Europe, and the likely practical effect of the EU's accession for its Member States.     

海牙《选择法院协议公约》对国际商事仲裁的影响

历经十多年的艰苦努力,海牙《选择法院协议公约》终于缔结。公约的目的是制定一个公约从而使法院判决可以在全球范围内得到承认与执行,正如《纽约公约》之于国际商事仲裁一样。公约的缔结有利于该目标的实现,与此同时,该公约的缔结与生效,将会对国际商事仲裁造成相当的影响与冲击,因为该公约所产生的判决承认与执行的国际性效果,将使《纽约公约》对国际商事仲裁所形成的优势变得相当不明显。     

Options towards a global standard for the protection of individuals with regard to the processing of personal data

PurposeStates have adopted a number of international instrument dedicated in full or in part to privacy and data protection, at multilateral or regional levels, in binding or non-binding form. This article discusses the potential and context of the emergence of a possible global standard on data protection focusing on the 1981 Council of Europe Convention for the Protection of Individuals with Regard to the Processing of Personal Data, as amended (Convention 108+).AimsWith due regard being paid to the dynamic technological and business environment that surrounds policy-making in the field of personal data protection, this article attempts to look at some strengths, weaknesses, opportunities and challenges of Convention 108+ in the competition for becoming a global standard. It seeks to identify possible future directions and priorities, taking into account the evolving nature of international relations in a more multipolar world where multilateralism is less obviously the preferred approach to international issues.FindingsInformed by an in-depth study of relevant international instruments relating to the right to privacy this article explores several strengths and opportunities that may be built on to promote a global role for Convention 108+, but also some weaknesses and threats. In sum, it concludes that the Convention is relatively well placed to ambition becoming a global standard.     

International Hague Network of Judges: Significance in Implementation of the 1980 and 1996 Hague Conventions on the Civil Aspects of International Child Abduction

The 1980 Hague Convention on the Civil Aspects of International Child Abduction (“the Convention”) provides for the prompt return to the country of habitual residence of children taken by a parent from one country to another. It was created to address the threshold problem in such cases, that is, which court should determine the rights of the parties involved. In a case under the Convention, the court's concern is which country is the country of habitual residence and practical aspects of the return to ensure the safety of the child and the taking parent. This article will discuss the formation of the International Hague Network of Judges (IHNJ), why it is crucial in the advancement of the Convention's goals, and, specifically, what it does to educate judges and facilitate communication between judges, and how the IHNJ can facilitate the return, including providing information on services, procedures, and protections offered in the countries of return.     

Investigating the Influence of Non-state Actors on Amendments to the CITES Appendices

Abstract

Non-state actors are playing an increasing role in global environmental governance. Elucidating the modalities and implications of this engagement is important to understanding international policy-making processes. CITES, the Convention on International Trade in Endangered Species of Wild Fauna and Flora, is the primary mechanism for regulating international wildlife trade. It functions by listing species in its Appendices with corresponding trade controls. Accurately listing species in the Appendices is therefore fundamental to the Convention’s effectiveness. We investigate the influence of non-state actors on amending the CITES Appendices using an established framework for assessing NGO influence in international environmental negotiations. We find that non-state actors have been successful in issue framing and agenda setting, and in influencing the position of other actors and final decisions. We also find evidence that NGOs have sought to abuse CITES in pursuit of “campaign” victories, including claiming unwarranted victories, thus undermining NGO legitimacy and accountability. We recommend that the CITES parties seek the most robust science to inform decision-making on proposed amendments to the appendices, which should be broadened to include socioeconomic and economic considerations in order that proposals are evaluated in their real-world context. We further recommend that NGOs should seek to fully understand decision-making in the Convention in order to maximise their legitimate contribution to CITES. Further research is needed to fully elucidate the influence of non-state actors in CITES.     

A Review of “Setting the Standard: Certification,Governance, and the Forest Stewardship Council”

Abstract

As the United Nations Convention on the Law of the Sea (UNCLOS) establishes itself as one of the premier regimes in international law, member states are increasingly availing themselves of the significant dispute settlement provisions found in Part XV. The International Tribunal for the Law of the Sea (ITLOS) is beginning to take its place in the pantheon of major international tribunals. Although its jurisprudence thus far has largely consisted of applications for prompt release of vessels, these cases have arisen from disagreements over fishery practices and the enforcement of fishery laws by coastal states. The ITLOS is developing into a transparent, consistent and speedy forum to adjudicate marine disputes arising from UNCLOS. While the overall scope and reach of Part XV may be uncertain at the present time, especially vis‐à‐vis other dispute settlement institutions, the early activity under Part XV is promising. Those concerned with marine wildlife issues should be encouraged by the potential of Part XV, the ITLOS in particular, to serve as an effective regime in the realm of marine wildlife dispute settlement.     

Incorporation of the European Convention on Human Rights into UK Law: Implications for education

This article focuses on the UK government's proposal to incorporate the European Convention on Human Rights into UK law, and the consequences of incorporation for the individual in the context of education. The first part of the article explores the mechanisms proposed for bringing about incorporation, and stresses in particular the importance attached by the government to upholding the fundamental principle of the sovereignty of the UK Parliament. In this context it emphasises the government's decision to deny to the British courts the capacity to strike down legislative provisions as being incompatible with Convention rights. The second part of the article goes on to explore (highly selectively) a number of key areas in which incorporation of the ECHR has the potential to enhance individual rights in the field of education, including parental choice of school, collective worship and religious education, and aspects of the secular curriculum. The discussion emphasises strongly the likely significance of the UK government's reservation to the second sentence of Article 2 of the First Protocol to the ECHR. Broadly, the conclusion drawn is that the incorporation of the Convention will have only a very marginal impact on the reality of individual rights to education.     

Domestic violence and child participation: contemporary challenges for the 1980 hague child abduction convention

ABSTRACT

This article addresses two contemporary challenges for the 1980 Hague Child Abduction Convention: (i) domestic violence and (ii) child participation. It also outlines three components of a global socio-legal policy and research initiative undertaken to address these issues and, where relevant, their intersection. The published literature on these topics, including the children’s objections exception, is explored, as are the ways in which these challenges are addressed within some of the 101 Contracting States to the Convention and through the Guide to Good Practice on Article 13(1)(b) of the Convention. Regard is paid to the data provided by the statistical analysis of applications made under the Convention in 2015 by Lowe and Stephens, and the changes which will occur once the Recast of The European Brussels 11a Regulation comes into operation. The likely impact for 1980 Hague Convention abduction proceedings of the UK having left the European Union at 23.00 GMT on 31 January 2020 is contemplated. Other current international initiatives are discussed, including the development of a child-friendly version of the Convention through The International Association of Child Law Researchers. Training is a key to changing attitudes and upskilling family justice professionals to ensure the Convention operates in a fully child-centric way. This will maintain and strengthen the Convention by keeping it ‘fit for purpose’.