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Liability for biodiversity protection with special focus on wild flora and fauna
conservation

Article  in  Journal of Environmental Protection and Ecology · January 2014

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Journal of Environmental Protection and Ecology 15, No 1, 194–203 (2014)

Ecology

Liability for Biodiversity Protection with

Special Focus on Wild Flora and Fauna
Conservation

Z. Bjelajaca, M. D. Mijatovica*, M. Z. Faticb, D. Dukanovicb

a
Law Faculty of Economics and Justice, University of Business Academy,
Novi Sad, Serbia
b
Institute of International Politics and Economics, Belgrade, Serbia
E-mail: marijuana.dukic.mijatovic@gmail.com; zdjbjelajac@gmail.com;
mina.zirojevic@gmail.com; dragandjuk@yahoo.com

Abstract. Our planet natural resources consist of plants, animals, soil, water, atmosphere, and the
people themselves. All these are part of our planet ecosystem. This means that if there is a danger
and crisis of biodiversity, it will also reflect on our health and means of life. Generally speaking,
biological diversity is a resource on which families, communities, nations and future generations
directly depend. There are different mechanisms of biodiversity protection at national, regional and
global level, whose synergic application enables a high level of protection of health and environment.
In this paper authors have analysed the exact parameters of liability for biodiversity protection with
special focus on wild flora and fauna conservation and pointed out the need to respect international
conventions which prohibit illegal actions aimed at endangering biodiversity, ecosystem and human
health globally.
Keywords: biodiversity, wild flora and fauna, preservation and protection strategy.

AIMS AND BACKGROUND

Endangerment of the environment and its protection represent a decades-old
problem of humanity. With the disappearance of harmony between the nature
and humans, various and numerous threats emerged, which degrade civilisational
achievements, cause serious harm to people, their life and health, bodily integrity
and many other values. Biodiversity is diversity of life on the planet Earth1. The
planet Earth diversity today consists of millions of different biological species,
which are the product of four billion years of evolution2. One of the world most
distinguished scientists, Wilson is a professor and honorary curator in entomology
at Harvard describes how an intricately interconnected natural system is threatened
by man encroachment, in a crisis he calls the ‘sixth extinction’ (the fifth one wiped
out the dinosaurs). At the same time, there is still no universally accepted definition
of biodiversity, which would set the absolute standards in this filed. According to
*
For correspondence.

194
the Convention on Biological Diversity – CDB, passed at the UN Conference on
Environment and Development (UNCED) in Rio de Janeiro in 1992, biodiversity
was defined as ‘variability among living organisms from all sources including, inter
alia, 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’3. Biodiversity or ‘biological diversity’ is entirety of genes, species
and ecosystems on the Earth, which is pyramidally shown, starting from genes,
through species, to ecosystems (Fig. 1). Ecosystem diversity represents variety of
habitats, living communities, ecosystems and ecological processes.

Fig. 1. Totality of genes, species and ecosystems on Earth4

Undoubtedly, biodiversity is a foundation for our planet health, hence it is

logical that it has direct influence on our lives5. It is as simple as this: loss of biodi-
versity at the same time means hundreds of millions of people facing the perspec-
tive in which food reserves are more susceptible to disease and pests, and where
clean, drinking water is rare or there is not enough of it in general. However, it is
really difficult to answer this question, because we do nt know the final number
of species that exist on the Earth, since new species are being found each day6.
The population structure of species (plants, rare birds, wild forest animals) has
been disturbed by direct damaging effects. Biodiversity as a phenomenon involv-
ing a variety of ecological interactions being established in a long-term evolution
between different organic species and forming the basis of the existence of com-
plexity, stability and functionality, of each individual ecosystem and the survival
of the future and evolution of each organic species, including homo sapiens. The
main aim of this study was precisely to determine the current state and causes
that threaten biodiversity, then the quality of legislation in area of endangering
biodiversity in terms of repression, and especially in terms of prevention and pos-
sibilities of its improvement.

195
 In response, the United Nations Environment Programme (UNEP) convened
the ad hoc Working Group of Experts on Biological Diversity in November 1988
to explore the need for an international convention on biological diversity. In
decision X/10, the meeting decided that the 5th national reports, due by 31 March
2014, should focus on the implementation of the 2011–2020 Strategic Plan and
progress achieved towards the Aichi Biodiversity Targets7. The basic source of
the EU law in the field of liability for environmental damage is the Directive of
the European Parliament and of the Council No 2004/35/EC of 21 April 2004,
on environmental liability with regard to the prevention and remedying of envi-
ronmental damage. Besides this legal source, a number of international treaties
in the field of environmental protection, which, as international law sources, bind
the EU member countries, should also be taken into account. Basic source of the
EU law which sets certain rules in the field of criminal liability is the Directive
No 2008/99/EZ on the protection of the environment through criminal law, which
stipulates measures member countries should undertake in the field of criminal
law, for more efficient protection of the environment. The adoption of this Direc-
tive has a relatively long history, and it is related to the activities of the Council of
Europe in the field of adoption of the Convention on the protection of the environ-
ment through criminal law, which emphasises the need for establishing criminal
liability in cases of ‘serious pollution or endangerment of the environment’8. In
the accordance with the provision of the Directive, member states are obliged to
ensure certain actions and procedures to be established as criminal offenses, when
committed unlawfully and intentionally, or with, the least, serious negligence9. It
is well known that mass extinctions in the distant past were caused by the complex
events in the geological history of our planet. In relation to this fact, the current
extinctions referred to in this paper are solely caused by man, i.e. people inhab-
iting our planet10. Priorities of the European Community actions in the field of
protection of wild flora and fauna were defined in several places in the EU Sixth
Environment Action Programme11.
The EU regulations in the field of conservation of wild fauna and flora include
the total of 46 various documents12. The most important among them are several
international treaties and several secondary regulations. Among the international
treaties in the field of protection of wild flora and fauna, especially important are
the following: Convention  on the Conservation of Migratory Species of Wild
Animals13; Convention  on the Conservation of European Wildlife and Natural
Habitats14; Convention on Biological Diversity15; Convention to Combat Desertifi-
cation16; Convention on International Trade in Endangered Species of Wild Fauna
and Flora (CITES)17, and Convention on the Protection of the Alps18, etc.
Among the secondary legislation, the most important are the following two
directives: the Directive No 92/43/EEC (Ref. 19) on the conservation of natural
habitats and of wild fauna and flora and the Directive No 2009/147/EC on the

196
conservation of wild birds20 (which replaces the previous Directive 79/409/EEC
on birds) and regulations: the Council Regulation (EC) No 338/97 of 9 Decem-
ber 1996 on the protection of species of wild fauna and flora by regulating trade
therein21 and the Commission Regulation (EC) No 865/2006 of 4 May 2006 laying
down detailed rules concerning the implementation of Council Regulation (EC)
No 338/97 on the protection of species of wild fauna and flora by regulating trade
therein22. Of special importance is the Directive No 92/43/EEC on the conserva-
tion of natural habitats and of wild fauna and flora, whose goal is preservation of
biodiversity through the conservation of natural habitats and of wild fauna and
flora in the territory of the EU member states. It ensures that all member states
undertake measures to secure preservation of habitats in special protected areas
and avoid their deterioration (Fig. 2.) For example, according to the indicators in
Fig. 2, the conservation status of amphibians in the EU is largely inadequate; the
conservation status of mollusc is extremely bad, while the conservation status of
vascular plants is relatively favourable.

Fig. 2. Conservation status of species assessed in the EU (Ref. 23)

EXPERIMENTAL
The majority of globally endangered species from the IUCN list24 registered in
Serbia are included in the European protection mechanisms. Of course, the ma-
jority of globally endangered species are also included in protection mechanisms
at national level. Serbia liability in conservation of biodiversity is particularly
significant, given the Balkan richness in flora and fauna. The Republic of Serbia
represents one of six biodiversity centres in Europe. Serbia is characterised by a
high degree of genetic, species and ecosystem diversity. At the territory of Serbia,

197
there are 62 important plants areas (IPA), 42 important birds areas (IBA) and 40
prime butterfly areas (PBA).
The biological diversity of numerous groups of organisms is high and accounts
for a significant share in the Europe biodiversity. Researches indicate that at the
territory of the Republic of Serbia, there are25: 39% of the Europe vascular flora;
51% of the Europe fish fauna; 49% of the Europe reptile and amphibian fauna;
74% of the Europe bird fauna; 67% of the Europes mammal fauna. In this regard,
it is interesting to see a graphical representation of IUCN list of endangered species
in Serbia which are included in the European protection instruments, as well as
the percentage of inclusion of globally endangered species in the security system
at the national level26 (Figs 3 and 4). Thus, for instance, data from Fig. 3 show
that insects as endangered species in Serbia are 100% included into the European
protection instruments, as well as birds, while mammals are 80% included, reptiles
70%, while fish are included into European instruments of protection with only
30%. The data in Fig. 4 show that in the system of protection at the national level,
90% of birds are included, then reptiles – 70%, insects – 65%, mammals – 45%,
and fish – 35%.

Fig. 3. IUCN endangered species in Serbia involved in European defense instruments

198
Fig. 4. Percentage inclusion of globally threatened species in the security system at the national
level

Based on the above comparison, carried out based on the empirical data from
Figs 3 and 4, one concludes that lists of endangered species differ at global and
national level. A large number of species that, according to the estimates of experts,
are treated as endangered (SRBIUCN), are not on the list of globally endangered
fauna. Given that the area of Balkan, and consequently Serbia, is a significant centre
of flora and fauna diversity and endemic species, it is necessary to include into
IUCN list some species which, according to the experts estimates, are endangered
at the territory of Serbia and Balkan.
In given context, it is useful to compare the numbers of endangered species
in IUCN and SRBIUCN lists27 (Table 1).

Table 1. Number of endangered species in IUCN and SRBIUCN lists

Species Number of species IUCN SRBIUCN
Mammals 100 11 8
Birds 345 11 117
Reptiles 24 3 13
Amphibians 23 0 14
Fish 100 12 12
Insects* 230 8 79
The meaning of * in the Table???

The number of endangered mammals according to the IUCN list is 11, and
according to SRBIUCN list is 8, observed from the aspect of compared sample
of 100 species. Out of 345 species of bird, 11 are considered endangered by the

199
IUCN list, 117 by SRBIUCN list, out of 24 species of reptiles, 3 are considered
endangered by IUCN, and 13 by SRBIUCN list. Out of 23 species of amphib-
ians, there is no protected species on the IUCN, while on SRBIUCN there are 14
protected amphibian species. Out of 100 species of fish, 12 are on the SRBIUCN
as well as on IUCN, and out of 213 species of insects, 79 are on SRBIUCN, and
8 are on IUCN list.

RESULTS AND DISCUSSION

Despite evident efforts at the global level in this area, particularly in the normative
sense, there is a lack of practical activity, because there are numerous data that
warn us that the current situation is not at all good. In order to illustrate the level
of biodiversity loss we face, we will go through a brief scientific analysis: The
rapid loss of species we see today is from 1000 to 10000 times higher compared
to the natural extinction of species (experts use the term ‘background extinction
rate’, which is basically the course of extinction that would have taken place if
people did not live on the planet), experts warn. Experts estimate that between
0.01 and 0.1% of the total number of species get extinct every year. If we take
that the lower estimate of the total number of species is correct, i.e. that there
are around 2 million different species on our planet (between 1.4 and 1.8 million
species have already been scientifically identified) – then between 200 and 2000
cases of extinction happen a year. However, if the higher estimate is correct – that
there are 100 million different species on our planet – then between 10 000 and
100 000 species get extinct each year.
This alarming extinction rate is 100 to 1000, and perhaps 11 000 times higher
than the expected natural rate. One in four mammal species in the world is endan-
gered or threatened by extinction in the near future. The same applies on one in
eight bird species, one in five shark species, one in four evergreen plants and one
in three amphibian species. The reasons for the decline of populations of species
in nature are mostly due to human activities. The land we use for living space,
food, clothing, housing, fuel; stuff we buy and the waste we produce – all these
contribute to the main reasons for loss of species: loss of habitats; unsustainable
trade and commerce; random or incidental hunting; climate changes; invasive
species; pollution and conflict between humans and animal.
Same as in other countries, Serbia biodiversity suffers numerous pressures.
At the same time, it should be emphasised that all species are equally important,
because each species plays an important role in the cycle of life. Diversity pro-
vides stability of ecosystem, and thus our survival. Today, numerous species are
forced to seek new habitats, are often on the verge of ecological needs, above all
because the loss of natural habitat, fragmentation and degradation. The cause of

200
such a relationship – disrupted harmony between man and nature, which has ruled
for centuries, is, sadly, human.

CONCLUSIONS
The Earth biological resources are vital to humanity economic and social devel-
opment. As a result, there is a growing recognition that biological diversity is a
global asset of tremendous value to present and future generations. At the same
time, the threat to species and ecosystems has never been so great as it is today.
Species extinction caused by human activities continues at an alarming rate. The
Earth biological resources are vital to humanity economic and social develop-
ment. Endangerment of the environment and its protection represent a decades-
old problem of humanity. With the disappearance of harmony between the nature
and humans, various and numerous threats emerged, which degrade civilisation
achievements, cause serious harm to people, their life and health, bodily integrity
and many other values. Based on the conducted research, we can conclude that in
relation to the liability for protection of biodiversity, especially for conservation of
wild flora and fauna, emphasis must be placed on implementation of measures for
recovery and revitalisation of degraded natural values, use of principle of active
protection and planned exploitation in accordance with provisions of international
and national conventions, resolutions, action plans and other documents, as well
as on implementation of scientific valorisation and recording of components of
biodiversity, especially of endangered plant and animal species and ecosystem.
Also, it is necessary to identify processes and categories of activities which have or
may have a significant negative impact on preservation and sustainable exploitation
of biodiversity, determine conditions for regulation of safe transfer, handling and
use of any modified living organism which is a product of genetic engineering and
biotechnology based on it, and that can have a negative impact on the conservation
and sustainable use of biodiversity, and also restrict and control the trade in rare
flora and fauna species.
The goal of appropriate control and care about biodiversity is adequate pro-
tection, taking into account not only current situation, but also perspective, i.e.
quality of life and work of future generations. In terms of liability for biodiversity
protection, especially conservation of wild flora and fauna, application and respect
for existing legislation, adequate management strategy, direct monitoring and
appropriate sanctions are reliable practical options which give results, while in a
long term, preventive actions are the most effective solution. In this context, one
must draw the attention of the international community to general environmental
hazards and the protection of population. It is necessary to require complete and
objective information of all participants of the exploitation of biodiversity about

201
the actions performed, as well as about the researches dedicated to consequences
caused by their activities in direct and indirect ways, and the need to respect inter-
national conventions that prohibit unlawful activities directed towards endangering
the biodiversity, ecosystem and human health globally.

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203

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