Professional Documents
Culture Documents
Protection of Bio Diversity Intro
Protection of Bio Diversity Intro
Protection of Bio Diversity Intro
• on Bio-diversity
ConvenUO 0
·d a of conservation of bio-diversity has been d I d .
f he 1 e 77 h · • eve ope over wide-
. efforts at t e 1nternattonal level. The Wi Id C .
ranging_ • . . or onservat10n
1
irv1s gave a maJor po icy guidance. However it was th ,. .
Srrateb' . d . . ' e commg mto
force of the Unite N:t1o~s Conve~t1on on Biological Qiversity (CBD)79
w1r. h more concrete obJecuves and greater consensus , ·whi'oh brough t about
a breakthrough. The CBD lays down th,ree objectives-·(i) the conservation
of biological div:rsity; (ii) ~he sustainable use of its tcimpo~erits; and (iii)
rhe fair and equitable shanng of benefits arising out of the utilisation of
. 80
genettc resour~es. . .
Biological d1vers1ty was defineq as the 'variability among living orgahisms
from all sources including, inter alia, terrestrial, 't:narine and other aquatic
eco-system and the ecological complexes of which they are part; this indudes
diversity within species, between species and of eco-system'. 81 Stressing
that all states have the sovereign rights to exploit their own resources, the
CBD laid down that all contracting parties should co-ope'rate for ~he
. of essentl e . d
1980 It called for maintenance . ble utilisation of species an eco-system.
· . . . and sustama . .
preservation of geneuc divers!~ . lo ical Divers1ty 1992. The Convenuon was
8 . J
79 The United Nations C onven uon on. dIOO ened g . Ri C r
for signature m o onrerence m une
adopted in Nairobi on 2 2 M Y 1992 an p p · · W B. · d Al
a December 1992. For text, see acnc1a 1rme an an
1992 It came into force on 29 . /LawandtheEnvironment, 1995, pp 390-41 4.
. n Jnternattona . . 4
Boyle, Basic Documents O • Biological D1vetsicy, art · ·
80 United Nations C onve nuon on
Environmental La,u, in India - - - - ~
.
conservation and sustainable use of bio-diver5 ity, eve op nat,onaJ srrir
· d I · ~
lans and programm es , identify and monitor compo nents of biolo~~:
P c . . .d . g,c.i
di versity and make end eavo urs ror in-situ an t rt.. -Sl tu con se rvari
. I . on
Sustainable use was defin ed as the use of components O f hto og,c~ div~r
d I' sit-,
in a way and at a rate that did not lead to the long-re rrn ec ine of biol~
diversity, thereby maintaining its potenti al ro mee t th e need~and asprr~uo:
of present and futu re generations. ~
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The CBD stated that all contracting parri es should in tegrate into th~1i
natio nal decisio n-mak ing, conse rvati on and susta in able: u<;e of biologic.il
resources with minimum adverse impact on biological diver~i ry. Protectton
and encouragement of customa ry use oF biologicJ I resources w ._15 anoche·
salient feature of CBD. 84 This use should be in accorcbnce with craditioni
cultural practices compat ible wi rh rh c r<:q u i remen ts of conservacion or
sustainable use. Local populati ons shoul d be c; upporrl·d in order co develop
and implement remedial action in degr._1ded arc.is where biofogio J diversm
had been reduced. Co-operati on between go \·ernm enra l aurhorirics .rnd
private sector in the developing countri es was 'fo und ro be esse nt ial fo:
sustainable use of biological resources.
Norms were laid down for access to gen eti c reso urces ,sr; .:1ecess co anJ
86
transfer of technology, t<:_chnical and scientifi c co-operation in suscajndble
8
use of biological diversicy, and handling of bio- cechn ology and disrri buuon
of its benefits. 88 Article 19(2) of the CBD reads: ·
Each contracting parties shall take all pracri caJ measu res ro romote and
advance priority access of a fair and equitable basis by concra~ting pdrtif5,
especiaHy developing countries, co the results and bene fiits an·li tng
· t-rorn
biotechnologies based upon genetic resources provi·ded b h
r r e con rraco·nati
parties. Such access shall be on mutually agreed rer ms.
fi !d o t safery regulations w be . .
,e b'10 technology were necess ary, ere to provid ed
frorn . . . .
d1ing such organi sms with available mform ation . •a1
00 potentt a verse
d
for han . 89
. act of such organisms.
t!lljhe provisi ons in the CB? relating to handJi ng of biotechnology and
haring of its benefi ts were pointe d out to be the .most controversial ones 90
Nthough CBD envisages sharin g and equj table access to genetic resour~es
from technologies based upon genetic resour ces, however, chis is to be
done 'on mutuall~ agreed terms' . Since there exists huge disparity between
rhe develop ed natto ns and th e developing nations, it is questionable whethe r
the mutuall y agreed terms ca n lead to a fa ir and equitable access. In the
negotiations, the strong will have their say and the weaker wiU agree to the
terms of the forme r.
There seems to be a greater da nge r fu rther hidde n in the CBD. The
Trade Related As pects of In cellecru al Property Rights (TRJ PS) advoca tes
fo r incell ec tu c1 l prope rty ri ghcs of indiv idua ls. Ir does not recogn ise
communi ty or coll ective knowledge or righrs. In the develop ing counrries,
on the other hand, the discoveries and innovations are mostly comm un ity
endeav ours. Almos t all biological reso urces are located in the countr ies
other th a n develo ped nati o ns. T he comm unity kn ow ledge of, and
consequent co mmun i ty ri ghts over bi od ive rsity resources are lac king in
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