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Nature conservation & biodiversity

31 important questions on Nature conservation & biodiversity

What are the main causes for the loss of biodiversity?

Main causes according to IPBES (2019), are; - Land use change (agriculture, urban areas expansion of infrastructure) - Overharvesting (hunting, fishing, logging) - Pollution - Climate change

How has biodiversity been defined in the CBD?

In the CBD biodiversity is given a broad definition, ‘the variability among living organs from all sources, including terrestrial, marine and other aquatic ecosystems and the ecological complexes of which they are part: this includes diversity within species, between species and of ecosystems’.

What protocols have been concluded under the CBD and what are they about?

The Biosafety Protocol (Cartagena, 2000) & the Access and Benefit Sharing (ABS) Protocol (Nagoya, 2010).

What is the goal of the CMS? How is this goal to be achieved?

It’s objective is the conservation and effective management of migratory species, which are defined as: the entire population or any geographically separate part of the population of any species or lower taxon of wild animals, a significant proportion of whose members cyclically and predictably cross one or more national jurisdictional boundaries.

What is the Montreux Record?

Is a register of wetland sites on the list of Ramsar wetlands of international importance where change in the ecological character has happened.

What is anthrocene extinction?

Anthropocene extinction - Rate of extinction of species is estimated at 100 to 1,000 times higher than the background extinction rate (natural evolution) o Climate change is interconnected here because if a group of animals is vulnerable for extinction climate change will make them even more vulnerable and closer to extinctio

How did the anthrocene extinxtion start?

Starts already with first waves of human colonization of areas beyond original habitat of humans in Africa, aggravated by agricultural revolution and industrial revolution, accelerated past 50 years

What did the first report of IPBES.. Say

Intergovernmental Panel on Biodiversity and Ecosystem Services (IPBES), first assessment report 2019 o 1,000,000 species on the brink of extinction (25% of animal and plant species that we know), worldwide deterioration of ecosystems that are vital for human existence and good quality of life. Two (out of many) examples:  More than 75% of global food crop types, including fruits, vegetables, coffee, cocoa, rely on animal pollination  Most of our fresh water is generated through ecosystems

What is needed to achieve the IPBES?

What is needed:
o 2030: sustainability transformations using existing policies
o 2050: transformative change of social, economic and technological structures (integrative approach)

What are the three pillars of the framework convention?

Framework convention. Three pillars: o In situ conservation (protected areas) o Ex situ conservation (species protection wherever they are) o Sustainable use of biological resources (wood, plants, seeds, animals, genetic materials etc.)
Sovereignty principle (use of biological resources!) o Who owns a certain plant or tree, or other biological resources. - Sustainable use of biological resources:

Biosafety Protocol (Cartagena, 2000) what does it say?

 Transfer and use of living genetically modified organisms
 Precautionary principle
 Advanced informed agreement procedure
 It basically means that you can only transfer something dangerous to another country if that other country has accepted that shipment.  Regulates living with these modified organisms and also protecting these modified organisms.

What is in the acces and benefit sharing (ABS)

Access and Benefit Sharing (ABS) Protocol (Nagoya, 2010)
 Host states have to provide access to biological resources and (in return) have a right to the benefits, and to transfer of technology (including bio-technology)
Prior informed consent procedure
 Mutually agreed terms

What is the Convention on Migratory Species about

(CMS, Bonn Convention 1979)
- With migratory species you have to protect the whole range of areas where the species live. For example birds that breed in the Netherlands and then in the winter go to Africa. If these birds are not protected in the Netherlands, Africa and other countries which they fly over then the use of protecting them in one country is useless, therefore protection is needed in all areas

How does the un protect biodiversity?

Global UN convention o Two annexes listing species:  1: endangered migratory species: conservation of habitats is required, but weak language: “parties shall endeavor…”  2: species in an unfavorable conservation status: States have to conclude ‘Agreements’, which can have strict provisions

What is the wetland convention about?

Wetlands Convention (Ramsar Convention) (1971) - States have to list wetlands when they accede and protect these (informally called ‘Ramsar sites’) - After designation as ‘Ramsar site’, ‘wise use’ is required for all decisions and actions regarding that wetland, later changed to ‘sustainable use’ o You can only sign this convention after you have assigned a ‘Ramsar site’

What if there is wetland los under the convention?

In case of wetland loss (for instance because of a project that reduces the size of the wetland), compensation is required through practical and legal measures o Example: buying up lands adjacent to wetland and develop these into nature

Who plays a vital role in the wetland convention?

Role of local communities is considered pivotal o This is because local communities are of importance in protecting these wetlands, because regulation and rules can only do so much, if the local communities don’t comply and ruin the wetlands it is useless

What is the ramsar toolkit?

There is a lot of soft law that helps authorities and communities to sustainable use the wetland

What happens when a wetland gets degraded?

When a listed wetland becomes degraded, it is placed on the ‘Montreux record’ and placed under supervision: site visits are conducted and the state has to report on its measures to restore the wetland

What are difficulties regarding the wetland?

They are often transboundery, a lot of rules from diffrent levels.

What is the river mouth case nambia?

River Mouth (Namibia-South Africa)  Case studies into such areas reveal that a collaborative stakeholder process here is important, involving not only various authorities from both countries, but also NGOs and local communities

What are ramsar sites under eu law?

In EU mostly covered by Wild Birds Directive (Ramsar sites almost all are Natura 2000 sites under Wild Birds Directive)

What is the european wild life convention 1979

European Wildlife Convention (Bern Convention (1979) - Annexes: (a list of species in different annexes where different rules apply, sort of like categories of levels of protection) o 1 and 2: flora and fauna species that need to be protected from killing, capturing, sale, trade etc. o 3: hunting regulations for certain listed species o 4: list of prohibited means of killing, capture etc.

What is the problem with Art. 4: habitats of listed species have to be protected, eu wildlife convention 1979

but no concrete rules on designation and protection of protected areas o This article is a bit weak because it says to protect habitats but it does not specify on how to protect these habitats.

What is the european wild life convention in the eu?

European Wildlife Convention in the EU - The Bern Convention has been implemented in the EU through: o Directive 2009/147 on the conservation of wild birds (formerly 79/409) [“Wild Birds Directive”] o Directive 92/43 on the conservation of natural habitats and of wild fauna and flora [“Habitats Directive”] - CJEU takes a strict approach in cases on these Directives, arguing that is necessary to protect our ‘common natural heritage’

What are the key elemets in the directive of the european wild life directive

Key elements in both Directives: o Species protection (protection of individual animals, plants, regardless of where they are) o Protected areas (protecting whole areas, including all species that are in them)  The goal of designating protected areas across the EU is to create the ‘Natura 2000 network’

What do states have to do for the protected areas in the directive of the european wild life convention implemented in the eu?

States have to take active conservation measures - States have to assess implications of any plan or project likely to have a significant effect (precautionary principle!) + prohibit if necessary

When is derogation allowed?

Derogation allowed when (Art. 6(4) HD) (very important in practice, because once these areas have been designated to these directives, there are very strict rules)

How has the eu implented cites?

The EU has implemented CITES in a very detailed way: o Regulation 338/97 on the protection of species of wild fauna and flora by regulating trade therein (Basic Regulation), many amendments (latest in 2017) o Implementing Regulation 865/2006 (standard model forms), many amendments (latest in 2019) o Stricter than CITES (e.g.: import and export permit appendix II)

Why is there more attention for cites?

Is receiving more attention because of Covid-19: trade in endangered species increases risk of spillover of viruses - Very serious issue also because of big impact on biodiversity. Here are some figures to show what is happening in practice:

When are exceptions allowed art.9

Exemptions to these provisions are allowed (Art. 9) if: o There is no other satisfactory solution o This is not detrimental to survival of the population concerned o Only for specific reasons, such as: ‘interests of public health and safety, air safety or other overriding public interests’

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