Biodiversity since Rio: The Future of the Convention on Biological Diversity

Environment

Volumn 38, Issue 4, 1996, Pages 17-45

  Raustiala, Kai ^a   Victor, David G ^a  

^a NONE

Author keywords

[No Author keywords available]

Indexed keywords

BIODIVERSITY CONSERVATION; CONSERVATION; CONVENTION ON BIOLOGICAL DIVERSITY; EARTH SUMMIT; ENVIRONMENTAL MANAGEMENT; UNCED;

EID: 0030474524     PISSN: 00139157     EISSN: None     Source Type: Journal    
DOI: None     Document Type: Article

References (120)

1. "Convention on Biological Diversity," Rio de Janeiro, 1992, in International Legal Materials 31 (1992): 818.
2. For an overview of the biodiversity problem, see E. O. Wilson, ed., Biodiversity (Washington, D.C.: National Academy Press, 1988); and B. Groombridge, ed., Global Biodiversity: Status of the Earth's Living Resources (New York: Chapman and Hall, 1992). For an up-to-date assessment, see B. H. Heywood and R. T. Watson, eds.. Global Biodiversity Assessment (Cambridge, U.K.: Cambridge University Press, 1995).
3. For an overview of the biodiversity problem, see E. O. Wilson, ed., Biodiversity (Washington, D.C.: National Academy Press, 1988); and B. Groombridge, ed., Global Biodiversity: Status of the Earth's Living Resources (New York: Chapman and Hall, 1992). For an up-to-date assessment, see B. H. Heywood and R. T. Watson, eds.. Global Biodiversity Assessment (Cambridge, U.K.: Cambridge University Press, 1995).
4. For an overview of the biodiversity problem, see E. O. Wilson, ed., Biodiversity (Washington, D.C.: National Academy Press, 1988); and B. Groombridge, ed., Global Biodiversity: Status of the Earth's Living Resources (New York: Chapman and Hall, 1992). For an up-to-date assessment, see B. H. Heywood and R. T. Watson, eds.. Global Biodiversity Assessment (Cambridge, U.K.: Cambridge University Press, 1995).
5. See D. L. Hawks worth et al., "Magnitude and Distribution of Biodiversity," in Heywood and Watson, note 2 above, page 107.
6. R. Barbault et al., "Generation, Maintenance, and Loss of Biodiversity," in Heywood and Watson, note 2 above, page 193.
7. The extinction rate may be even higher for plants. See E. O. Wilson, "The Current State of Biological Diversity," in Wilson, note 2 above, page 3.
8. N. Myers, "Tropical Forests and Their Species: Going, Going ...?" in Wilson, note 2 above, page 28.
9. S. L. Pimm et al., "The Future of Biodiversity," Science 269 (21 July 1995): 347.
10. W. Beckerman, Small is Stupid: Blowing the Whistle on the Greens (London: Duckworth, 1995), 71.
11. R. Stone, "Proposed Global Network for Ecology Data Stirs Debate" Science 266 (18 November 1994): 1155.
12. See C. J. Humphries, P. H. Williams, and R. I. Vane-Wright, "Measuring Biodiversity Value for Conservation," Annual Review of Ecology and Systematics 26 (1995): 93.
13. J. A. McNeely et al., "Human Influences on Biodiversity," in Heywood and Watson, note 2 above, page 711.
14. D. Skole and C. Tucker, 'Tropical Deforestation and Habitat Fragmentation in the Amazon: Satellite Data from 1978 to 1988," Science 260 (25 June 1993): 1905-10 ; and D. Tilman et al., "Habitat Destruction and the Extinction Debt," Nature 370 (1 September 1994): 66.
15. D. Skole and C. Tucker, 'Tropical Deforestation and Habitat Fragmentation in the Amazon: Satellite Data from 1978 to 1988," Science 260 (25 June 1993): 1905-10 ; and D. Tilman et al., "Habitat Destruction and the Extinction Debt," Nature 370 (1 September 1994): 66.
16. Tilman, note 12 above; and S. Robinson et al., "Regional Forest Fragmentation and the Nesting Success of Migratory Birds," Science 267 (31 March 1995): 1987-90.
17. Many of these are in the form of public goods. See C. Stone, "What to Do About Biodiversity: Property Rights, Public Goods, and the Earth's Biological Riches," Southern California Law Review 68, no. 3 (March 1995): 577.
18. For example, undiscovered pharmaceuticals are often perceived as a gold mine hidden within moist tropical forests. Yet the total value of all undiscovered tropical forest pharmaceuticals has been estimated to be only about $150 billion or $48 dollars per hectare. Moreover, this figure is the social value, not the value to a private company. The latter is only $3 billion or about $1 per hectare. R. Mendelsohn and M. Balick, "The Value of Undiscovered Pharmaceuticals in Tropical Forests," Economic Botany 49, no. 2 (1995): 223-28.
19. For a discussion of the agricultural and industrial benefits from plant diversity, see M. Plotkin, "The Out-look for New Agricultural and Industrial Products From the Tropics," in Wilson, note 2 above.
20. C. M. Peters, A. H. Gentry, and R. O. Mendelsohn, "Valuation of an Amazonian Rain Forest," Nature 339 (26 June 1989): 655-56.
21. R. Godoy, R. Lubrowski, and A. Markandya, "A Method for Economic Valuation of Non-Timber Tropical Forest Products," Economic Botany 47, no. 3 (1993): 220-33.
22. R. MacArthur, "Fluctuations of Animal Populations and a Measure of Community Stability," Ecology 36 (1955): 533-36; C. S. Elton, The Ecology of Invasions by Animals and Plants (London: Chapman and Hall, 1958); and S. Pimm, "The Complexity and Stability of Ecosystems," Nature 307 (26 January 1984): 321-26.
23. R. MacArthur, "Fluctuations of Animal Populations and a Measure of Community Stability," Ecology 36 (1955): 533-36; C. S. Elton, The Ecology of Invasions by Animals and Plants (London: Chapman and Hall, 1958); and S. Pimm, "The Complexity and Stability of Ecosystems," Nature 307 (26 January 1984): 321-26.
24. R. MacArthur, "Fluctuations of Animal Populations and a Measure of Community Stability," Ecology 36 (1955): 533-36; C. S. Elton, The Ecology of Invasions by Animals and Plants (London: Chapman and Hall, 1958); and S. Pimm, "The Complexity and Stability of Ecosystems," Nature 307 (26 January 1984): 321-26.
25. S. Naeem et al., "Declining Biodiversity Can Alter the Performance of Ecosystems," Nature 368 (21 April 1994): 734; and D. Tilman et al., "Productivity and Sustainability Influenced by Biodiversity in Grassland Ecosystems," Nature 379 (1996): 718.
26. S. Naeem et al., "Declining Biodiversity Can Alter the Performance of Ecosystems," Nature 368 (21 April 1994): 734; and D. Tilman et al., "Productivity and Sustainability Influenced by Biodiversity in Grassland Ecosystems," Nature 379 (1996): 718.
27. D. Pearce, Economic Values and the Natural World (London: Earthscan, 1993); and K. Brown and D. Moran, "Valuing Biodiversity: The Scope and Limitations of Economic Analysis," in V. Sánchez and C. Juma, eds., Biodiplomacy (Nairobi. Kenya: ACTS Press, 1994). A brief survey of the value of biodiversity is found in J. A. McNeely, K. R. Miller, W. V. Reid, R. A. Mittermeier, and T. B. Werner, "Strategies for Conserving Biodiversity," Environment, April 1990, 16.
28. D. Pearce, Economic Values and the Natural World (London: Earthscan, 1993); and K. Brown and D. Moran, "Valuing Biodiversity: The Scope and Limitations of Economic Analysis," in V. Sánchez and C. Juma, eds., Biodiplomacy (Nairobi. Kenya: ACTS Press, 1994). A brief survey of the value of biodiversity is found in J. A. McNeely, K. R. Miller, W. V. Reid, R. A. Mittermeier, and T. B. Werner, "Strategies for Conserving Biodiversity," Environment, April 1990, 16.
29. D. Pearce, Economic Values and the Natural World (London: Earthscan, 1993); and K. Brown and D. Moran, "Valuing Biodiversity: The Scope and Limitations of Economic Analysis," in V. Sánchez and C. Juma, eds., Biodiplomacy (Nairobi. Kenya: ACTS Press, 1994). A brief survey of the value of biodiversity is found in J. A. McNeely, K. R. Miller, W. V. Reid, R. A. Mittermeier, and T. B. Werner, "Strategies for Conserving Biodiversity," Environment, April 1990, 16.
30. For a broader argument against the application of economic methodology to environmental issues, see M. Sagoff, The Economy of the Earth: Philosophy, Law, and Environment (Cambridge, U.K.: Cambridge University Press, 1988).
31. Derived from J. Rawls, A Theory of Justice (Cambridge, Mass.: Harvard University Press, 1971). For an application to international environmental issues, including biodiversity, see E. B. Weiss, In Fairness to future Generations (Dobbs Ferry, N.Y.: Transnational Publishers, 1989); and E, B. Weiss, "In Fairness to Future Generations," Environment, April 1990, 6.
32. Derived from J. Rawls, A Theory of Justice (Cambridge, Mass.: Harvard University Press, 1971). For an application to international environmental issues, including biodiversity, see E. B. Weiss, In Fairness to future Generations (Dobbs Ferry, N.Y.: Transnational Publishers, 1989); and E, B. Weiss, "In Fairness to Future Generations," Environment, April 1990, 6.
33. Derived from J. Rawls, A Theory of Justice (Cambridge, Mass.: Harvard University Press, 1971). For an application to international environmental issues, including biodiversity, see E. B. Weiss, In Fairness to future Generations (Dobbs Ferry, N.Y.: Transnational Publishers, 1989); and E, B. Weiss, "In Fairness to Future Generations," Environment, April 1990, 6.
34. The preamble to the convention begins with the words "Conscious of the intrinsic value of biological diversity." "Convention on Biological Diversity," note 1 above, page 822.
35. This treaty was the first biodiversity-related treaty in force but it has been superseded by the 1950 Paris Convention for the Protection of Birds. See P. Sands et al., eds., Documents in International Environmental Law (Manchester, U.K.: Manchester University Press, 1994), 732; and P. Birnie and A. Boyle, International Law and the Environment (Oxford, U.K.: Oxford University Press, 1992).
36. This treaty was the first biodiversity-related treaty in force but it has been superseded by the 1950 Paris Convention for the Protection of Birds. See P. Sands et al., eds., Documents in International Environmental Law (Manchester, U.K.: Manchester University Press, 1994), 732; and P. Birnie and A. Boyle, International Law and the Environment (Oxford, U.K.: Oxford University Press, 1992).
37. See S. Lyster, International Wildlife Law (Cambridge, U.K.: Grotius, 1985). These lists identify priority areas and help organize the efforts of the various regimes.
38. W. V. Reid and K. R. Miller, Keeping Options Alive: The Scientific Basis for Conserving Biodiversity (Washington, D.C.: World Resources Institute, 1989); J. McNeely et al., Conserving the World's Biodiversity (Gland, Switzerland: World Conservation Union); and World Resources Institute, World Conservation Union, and United Nations Environment Programme, Global Biodiversity Strategy (1992). Since the early 1990s, these groups have given attention to the need for country studies to contribute to future assessment efforts. See United Nations Environment Programme, Guidelines for Country Studies on Biological Diversity (Nairobi, Kenya, 1983). For a preliminary assessment and overview, see World Resources Institute, World Conservation Union, and United Nations Environment Programme, National Biodiversity Planning: Guidelines Based on Early Experiences Around the World (Washington, D.C.: World Resources Institute, 1995).
39. W. V. Reid and K. R. Miller, Keeping Options Alive: The Scientific Basis for Conserving Biodiversity (Washington, D.C.: World Resources Institute, 1989); J. McNeely et al., Conserving the World's Biodiversity (Gland, Switzerland: World Conservation Union); and World Resources Institute, World Conservation Union, and United Nations Environment Programme, Global Biodiversity Strategy (1992). Since the early 1990s, these groups have given attention to the need for country studies to contribute to future assessment efforts. See United Nations Environment Programme, Guidelines for Country Studies on Biological Diversity (Nairobi, Kenya, 1983). For a preliminary assessment and overview, see World Resources Institute, World Conservation Union, and United Nations Environment Programme, National Biodiversity Planning: Guidelines Based on Early Experiences Around the World (Washington, D.C.: World Resources Institute, 1995).
40. W. V. Reid and K. R. Miller, Keeping Options Alive: The Scientific Basis for Conserving Biodiversity (Washington, D.C.: World Resources Institute, 1989); J. McNeely et al., Conserving the World's Biodiversity (Gland, Switzerland: World Conservation Union); and World Resources Institute, World Conservation Union, and United Nations Environment Programme, Global Biodiversity Strategy (1992). Since the early 1990s, these groups have given attention to the need for country studies to contribute to future assessment efforts. See United Nations Environment Programme, Guidelines for Country Studies on Biological Diversity (Nairobi, Kenya, 1983). For a preliminary assessment and overview, see World Resources Institute, World Conservation Union, and United Nations Environment Programme, National Biodiversity Planning: Guidelines Based on Early Experiences Around the World (Washington, D.C.: World Resources Institute, 1995).
41. W. V. Reid and K. R. Miller, Keeping Options Alive: The Scientific Basis for Conserving Biodiversity (Washington, D.C.: World Resources Institute, 1989); J. McNeely et al., Conserving the World's Biodiversity (Gland, Switzerland: World Conservation Union); and World Resources Institute, World Conservation Union, and United Nations Environment Programme, Global Biodiversity Strategy (1992). Since the early 1990s, these groups have given attention to the need for country studies to contribute to future assessment efforts. See United Nations Environment Programme, Guidelines for Country Studies on Biological Diversity (Nairobi, Kenya, 1983). For a preliminary assessment and overview, see World Resources Institute, World Conservation Union, and United Nations Environment Programme, National Biodiversity Planning: Guidelines Based on Early Experiences Around the World (Washington, D.C.: World Resources Institute, 1995).
42. W. V. Reid and K. R. Miller, Keeping Options Alive: The Scientific Basis for Conserving Biodiversity (Washington, D.C.: World Resources Institute, 1989); J. McNeely et al., Conserving the World's Biodiversity (Gland, Switzerland: World Conservation Union); and World Resources Institute, World Conservation Union, and United Nations Environment Programme, Global Biodiversity Strategy (1992). Since the early 1990s, these groups have given attention to the need for country studies to contribute to future assessment efforts. See United Nations Environment Programme, Guidelines for Country Studies on Biological Diversity (Nairobi, Kenya, 1983). For a preliminary assessment and overview, see World Resources Institute, World Conservation Union, and United Nations Environment Programme, National Biodiversity Planning: Guidelines Based on Early Experiences Around the World (Washington, D.C.: World Resources Institute, 1995).
43. For histories of the negotiations, see J. McNeely, M. Rojas, and C. Maronet, "The Convention on Biological Diversity: Promise and Frustration " Journal of Environment & Development 4, no. 2 (1995): 33; W. Burhenne, forward to Sánchez and Juma, note 21 above, page ix; V. Sánchez, "The Convention on Biological Diversity: Negotiation and Contents," in Sánchez and Juma, note 21 above, page 7; C. de Klemm, Biological Diversity Conservation and the Law (Gland, Switzerland and Cambridge, U.K.: World Conservation Union, 1993); and L. Glowka, P. Burhenne-Guilmin, and H. Synge in collaboration with J. A. McNeely and L. Gündling, A Guide to the Convention on Biological Diversity, Environmental Policy and Law Paper No. 30 (Gland, Switzerland and Cambridge, U.K.: World Conservation Union, 1994). Many official documents and updates are available from the secretariat at http://www.unep.ch/biodiv.html. For updates on CBD meetings, see the Earth Negotiations Bulletin at http://www.iisd.ca./linkages/biodiv.html.
44. For histories of the negotiations, see J. McNeely, M. Rojas, and C. Maronet, "The Convention on Biological Diversity: Promise and Frustration " Journal of Environment & Development 4, no. 2 (1995): 33; W. Burhenne, forward to Sánchez and Juma, note 21 above, page ix; V. Sánchez, "The Convention on Biological Diversity: Negotiation and Contents," in Sánchez and Juma, note 21 above, page 7; C. de Klemm, Biological Diversity Conservation and the Law (Gland, Switzerland and Cambridge, U.K.: World Conservation Union, 1993); and L. Glowka, P. Burhenne-Guilmin, and H. Synge in collaboration with J. A. McNeely and L. Gündling, A Guide to the Convention on Biological Diversity, Environmental Policy and Law Paper No. 30 (Gland, Switzerland and Cambridge, U.K.: World Conservation Union, 1994). Many official documents and updates are available from the secretariat at http://www.unep.ch/biodiv.html. For updates on CBD meetings, see the Earth Negotiations Bulletin at http://www.iisd.ca./linkages/biodiv.html.
45. For histories of the negotiations, see J. McNeely, M. Rojas, and C. Maronet, "The Convention on Biological Diversity: Promise and Frustration " Journal of Environment & Development 4, no. 2 (1995): 33; W. Burhenne, forward to Sánchez and Juma, note 21 above, page ix; V. Sánchez, "The Convention on Biological Diversity: Negotiation and Contents," in Sánchez and Juma, note 21 above, page 7; C. de Klemm, Biological Diversity Conservation and the Law (Gland, Switzerland and Cambridge, U.K.: World Conservation Union, 1993); and L. Glowka, P. Burhenne-Guilmin, and H. Synge in collaboration with J. A. McNeely and L. Gündling, A Guide to the Convention on Biological Diversity, Environmental Policy and Law Paper No. 30 (Gland, Switzerland and Cambridge, U.K.: World Conservation Union, 1994). Many official documents and updates are available from the secretariat at http://www.unep.ch/biodiv.html. For updates on CBD meetings, see the Earth Negotiations Bulletin at http://www.iisd.ca./linkages/biodiv.html.
46. For histories of the negotiations, see J. McNeely, M. Rojas, and C. Maronet, "The Convention on Biological Diversity: Promise and Frustration " Journal of Environment & Development 4, no. 2 (1995): 33; W. Burhenne, forward to Sánchez and Juma, note 21 above, page ix; V. Sánchez, "The Convention on Biological Diversity: Negotiation and Contents," in Sánchez and Juma, note 21 above, page 7; C. de Klemm, Biological Diversity Conservation and the Law (Gland, Switzerland and Cambridge, U.K.: World Conservation Union, 1993); and L. Glowka, P. Burhenne-Guilmin, and H. Synge in collaboration with J. A. McNeely and L. Gündling, A Guide to the Convention on Biological Diversity, Environmental Policy and Law Paper No. 30 (Gland, Switzerland and Cambridge, U.K.: World Conservation Union, 1994). Many official documents and updates are available from the secretariat at http://www.unep.ch/biodiv.html. For updates on CBD meetings, see the Earth Negotiations Bulletin at http://www.iisd.ca./linkages/biodiv.html.
47. For histories of the negotiations, see J. McNeely, M. Rojas, and C. Maronet, "The Convention on Biological Diversity: Promise and Frustration " Journal of Environment & Development 4, no. 2 (1995): 33; W. Burhenne, forward to Sánchez and Juma, note 21 above, page ix; V. Sánchez, "The Convention on Biological Diversity: Negotiation and Contents," in Sánchez and Juma, note 21 above, page 7; C. de Klemm, Biological Diversity Conservation and the Law (Gland, Switzerland and Cambridge, U.K.: World Conservation Union, 1993); and L. Glowka, P. Burhenne-Guilmin, and H. Synge in collaboration with J. A. McNeely and L. Gündling, A Guide to the Convention on Biological Diversity, Environmental Policy and Law Paper No. 30 (Gland, Switzerland and Cambridge, U.K.: World Conservation Union, 1994). Many official documents and updates are available from the secretariat at http://www.unep.ch/biodiv.html. For updates on CBD meetings, see the Earth Negotiations Bulletin at http://www.iisd.ca./linkages/biodiv.html.
48. F. B. Golley, A History of the Ecosystem Concept in Ecology: More Than the Sum of the Parts (New Haven, Conn.: Yale University Press, 1993). The idea for a global treaty, however, dates from the 1940s; see de Klemm, note 28 above, pages 7-8.
49. See D. H. Janzen, "The Future of Tropical Ecology," Annual Review of Ecology and Systematics 17 (1986): 305.
50. This notion comes from J. Kingdon, who argues that policy "entrepreneurs" have a ready supply of solutions that they promote during the windows of opportunity that come along when disconnected streams of politics and ideas merge. See J. Kingdon, Agendas, Alternatives, and Public Policies (Boston: Little, Brown, 1984).
51. UNEP Resolution 14/26, adopted in 1987, established an ad hoc working group to explore an "umbrella convention to rationalise current activities" related to biodiversity protection. IUCN adopted similar resolutions in 1984 and 1987.
52. See J. Sebenius. Negotiating the Law of the Sea (Cambridge, Mass.: Harvard University Press, 1984); and S. Krasner, Structural Conflict: The Third World Against Global Liberalism (Berkeley, Calif.: University of California Press, 1985).
53. See J. Sebenius. Negotiating the Law of the Sea (Cambridge, Mass.: Harvard University Press, 1984); and S. Krasner, Structural Conflict: The Third World Against Global Liberalism (Berkeley, Calif.: University of California Press, 1985).
54. Conservatives perceived U.S. accession to the CBD as a possible legal and political threat to their efforts to roll back land-use and environmental legislation.
55. The CBD's treatment of these issues parallels the debates within the Food and Agriculture Organization on plant genetic resources. See J. Kloppenburg, ed., Seeds and Sovereignty (Durham, N.C.: Duke University Press, 1988).
56. The other developed countries were Canada, Australia, New Zealand, and Norway.
57. Frank Njenga, Asian-African Legal Consultative Committee, quoted in E. Diringer, "Why US Opposes Biodiversity Pact," San Francisco Chronicle, 9 June 1992, A7.
58. Articles 6 and 8.
59. Article 9.
60. For case studies of the incremental cost concept in practice, see I. A. Bowles and G. Prickelt, Reframing the Green Window: An Analysis of the GEF Pilot Phase Approach to Biodiversity and Global Warming and Recommendations for the Operational Phase (Washington, D.C.: Conservation International and Natural Resources Defense Council, 1994).
61. Articles 20 and 21 address financial resources and the Financing mechanism. GEF was restructured in 1994.
62. "Declaration Made after the Adoption of Agreed Text of the Biodiversity Convention," UNEP NA 92-8314(1992).
63. Article 19.
64. L. V. Giddings and G. Persley, Biotechnology and Biodiversity, UNEP/Biodiv/SWGB.1/3 (United Nations Environment Programme, October 1990).
65. COP Decision II/5, available on the World Wide Web, note 28 above.
66. This principle has been affirmed in a number of UN resolutions as well as other treaties.
67. For overviews, see Kloppenburg, note 35 above; Office of Technology Assessment, Biotechnology in a Global Economy, OTA-BA-494 (Washington, D.C., 1991); and the Crucible Group, People, Plants, and Patents (Ottawa, Canada: International Development Research Centre, 1994). For a U.S.-based analysis of IPR and biotechnology, see C. Hardy, "Patent Protection and Raw Materials: The Convention on Biological Diversity and Its Implications for U.S. Policy on the Development and Commercialization of Biotechnology," University of Pennsylvania Journal of International Business Law (1994).
68. For overviews, see Kloppenburg, note 35 above; Office of Technology Assessment, Biotechnology in a Global Economy, OTA-BA-494 (Washington, D.C., 1991); and the Crucible Group, People, Plants, and Patents (Ottawa, Canada: International Development Research Centre, 1994). For a U.S.-based analysis of IPR and biotechnology, see C. Hardy, "Patent Protection and Raw Materials: The Convention on Biological Diversity and Its Implications for U.S. Policy on the Development and Commercialization of Biotechnology," University of Pennsylvania Journal of International Business Law (1994).
69. For overviews, see Kloppenburg, note 35 above; Office of Technology Assessment, Biotechnology in a Global Economy, OTA-BA-494 (Washington, D.C., 1991); and the Crucible Group, People, Plants, and Patents (Ottawa, Canada: International Development Research Centre, 1994). For a U.S.-based analysis of IPR and biotechnology, see C. Hardy, "Patent Protection and Raw Materials: The Convention on Biological Diversity and Its Implications for U.S. Policy on the Development and Commercialization of Biotechnology," University of Pennsylvania Journal of International Business Law (1994).
70. United Nations Development Programme, Conserving Indigenous Knowledge: Integrating Two Systems of Innovation (New York, 1994), reported in F. Williams, "Bio-piracy costs Third World $5.4bn a year," Financial Times, 28 October 1994.
71. United Nations Development Programme, Conserving Indigenous Knowledge: Integrating Two Systems of Innovation (New York, 1994), reported in F. Williams, "Bio-piracy costs Third World $5.4bn a year," Financial Times, 28 October 1994.
72. D. Dickson and K. S. Jayaraman, "Aid Groups Back Challenge to Neem Patents," Nature 377 (14 September 1995): 95. Another native Indian plant, Rauwolflna serpentina, provides raw material for a hypertension drug with $260 million in U.S. sales annually, yet none of the profits flow back to India; see K. S. Jayaraman, "India Set to End Gene Robbery," Nature 370 (25 August 1994): 587.
73. D. Dickson and K. S. Jayaraman, "Aid Groups Back Challenge to Neem Patents," Nature 377 (14 September 1995): 95. Another native Indian plant, Rauwolflna serpentina, provides raw material for a hypertension drug with $260 million in U.S. sales annually, yet none of the profits flow back to India; see K. S. Jayaraman, "India Set to End Gene Robbery," Nature 370 (25 August 1994): 587.
74. E. Andrews, "Religious Leaders Gear Up for Battle on Gene Patents," International Herald Tribune, 15 March 1995, 1.
75. G. Poste, "The Case for Genome Patenting," Nature 378 (7 December 1995): 534-36.
76. "Agreement on Trade-Related Aspects of Intellectual Property-Rights, Including Trade in Counterfeit Goods," Final Act Embodying the Results of the Uruguay Round of Multilateral Trade Negotiations, MTN/FA II-AIC (15 December 1993).
77. See V. Shiva, "Farmer's Rights and the Convention on Biological Diversity," in Sánchez and Juma, note 21 above, page 107.
78. For a broader discussion of IPR in the developing world, see S. Sell, "Intellectual Property Protection and Antitrust Policy in the Developing World: Crisis, Coercion, and Choice," International Organization 492, no. 2 (1995): 315.
79. Article 16.
80. Breeders are protected under many national patent regimes as well as an international convention under the auspices of the International Union for the Protection of New Varieties of Plants. For an overview, see Stone, note 14 above.
81. While a small farmers' rights fund has been set up by the Food and Agriculture Organization, no cash has yet been disbursed.
82. Even a strict ownership regime would face the problem of smuggling, which, in the case of genetic resources, is both easy and old. See Stone, note 14 above, pages 602-05; and Paul Raeburn's account of Thomas Jefferson's smuggling of rice from Italy in The Last Harvest: The Genetic Gamble that Threatens to Destroy American Agriculture (New York: Simon & Schuster, 1995).
83. These banks, which have enormous stocks of plant genes, are managed by the Consultative Group on International Agricultural Research (CGIAR). The fact that previously existing stocks are not covered by the CBD may limit the treaty's ability to change rules of access. See M. S. Swaminathan, "Seeds and Property Rights: A View From the CGIAR System," in Kloppenburg, note 35 above. New samples are being collected under bilateral arrangements that preserve the principle of open access. See J. H. Barton and W. E. Siebeck, Material Transfer Agreements in Genetic Resource Exchange, Issues in Genetic Resources No. 1 (Rome: International Plant Genetic Resources Institute, 1994). For a factfilled account of the role of gene banks and crossbreeding in improving crop yields, see D. L. Plucknett et al., Gene Banks and the World's Food (Princeton, N.J.: Princeton University Press, 1987.)
84. These banks, which have enormous stocks of plant genes, are managed by the Consultative Group on International Agricultural Research (CGIAR). The fact that previously existing stocks are not covered by the CBD may limit the treaty's ability to change rules of access. See M. S. Swaminathan, "Seeds and Property Rights: A View From the CGIAR System," in Kloppenburg, note 35 above. New samples are being collected under bilateral arrangements that preserve the principle of open access. See J. H. Barton and W. E. Siebeck, Material Transfer Agreements in Genetic Resource Exchange, Issues in Genetic Resources No. 1 (Rome: International Plant Genetic Resources Institute, 1994). For a factfilled account of the role of gene banks and crossbreeding in improving crop yields, see D. L. Plucknett et al., Gene Banks and the World's Food (Princeton, N.J.: Princeton University Press, 1987.)
85. These banks, which have enormous stocks of plant genes, are managed by the Consultative Group on International Agricultural Research (CGIAR). The fact that previously existing stocks are not covered by the CBD may limit the treaty's ability to change rules of access. See M. S. Swaminathan, "Seeds and Property Rights: A View From the CGIAR System," in Kloppenburg, note 35 above. New samples are being collected under bilateral arrangements that preserve the principle of open access. See J. H. Barton and W. E. Siebeck, Material Transfer Agreements in Genetic Resource Exchange, Issues in Genetic Resources No. 1 (Rome: International Plant Genetic Resources Institute, 1994). For a factfilled account of the role of gene banks and crossbreeding in improving crop yields, see D. L. Plucknett et al., Gene Banks and the World's Food (Princeton, N.J.: Princeton University Press, 1987.)
86. See E. Blum, "Making Biodiversity Conservation Profitable: A Case Study of the Merck/INBio Agreement," Environment, May 1993, 16; and W. Reid et al., Biodiversity Prospecting: Using Genetic Resources for Sustainable Development (Washington, D.C.: World Resources Institute, 1993). Other arrangments for plant screening exist; see B. Aylward, "The Role of Plant Screening and Plant Supply in Biodiversity Conservation, Drug Development and Health Care," in T Swanson, ed., Intellectual Property Rights and Biodiversity Conservation (Cambridge, U.K.: Cambridge University Press, 1995).
87. See E. Blum, "Making Biodiversity Conservation Profitable: A Case Study of the Merck/INBio Agreement," Environment, May 1993, 16; and W. Reid et al., Biodiversity Prospecting: Using Genetic Resources for Sustainable Development (Washington, D.C.: World Resources Institute, 1993). Other arrangments for plant screening exist; see B. Aylward, "The Role of Plant Screening and Plant Supply in Biodiversity Conservation, Drug Development and Health Care," in T Swanson, ed., Intellectual Property Rights and Biodiversity Conservation (Cambridge, U.K.: Cambridge University Press, 1995).
88. See E. Blum, "Making Biodiversity Conservation Profitable: A Case Study of the Merck/INBio Agreement," Environment, May 1993, 16; and W. Reid et al., Biodiversity Prospecting: Using Genetic Resources for Sustainable Development (Washington, D.C.: World Resources Institute, 1993). Other arrangments for plant screening exist; see B. Aylward, "The Role of Plant Screening and Plant Supply in Biodiversity Conservation, Drug Development and Health Care," in T Swanson, ed., Intellectual Property Rights and Biodiversity Conservation (Cambridge, U.K.: Cambridge University Press, 1995).
89. Article 23.
90. Ibid.
91. There is disagreement over the exact relationship, which will be codified in a memorandum of understanding between GEF and the CBD. A draft exists, but at both the first and second COP meetings a final decision was postponed. See D. Pruzin, "Treaty Parties Fail Again in Effort to Set Up GEF in Permanent Financing Role," International Environment Reporter, 29 November 1995, 898-99.
92. The recent restructuring of GEF has made it more attractive as a financial mechanism for conventions such as the CBD. GEF is explicitly required to follow the "policies, program priorities and eligibility criteria" decided by the COP of each convention. See Global Environment Facility, Instrument for the Establishment of the Restructured Global Environment Facility (Geneva, 1995), paragraphs 6, 26, and 27.
93. COP Decision 1/2, in Report of the first Meeting of the [COP] to the Convention on Biological Diversity, UNEP/CBD/COP/1/17 (1995); see the World Wide Web address in note 28 above.
94. See United Nations Development Programme, Human Development Report 1994 (New York: Oxford University Press, 1995), 225.
95. "UN Framework Convention on Climate Change," New York, 1992, in International Legal Materials 31 (1992): 849.
96. Global Environment Facility, note 63 above.
97. Article 18.
98. These functions are described in Decision II/3 of the COP; see the World Wide Web address in note 28 above.
99. Article 24.
100. R. Sanford, "International Environmental Treaty Secretariats: Stage Hands or Actors?" in H. O. Bergesen and G. Parmann, eds., Green Globe Yearbook 1994 (New York: Oxford University Press, 1994) provides an overview.
101. Article 25.
102. For example, M. Chandler, "The Convention on Biological Diversity: Some Issues for the International Lawyer," Colorado Journal of International Environmental Law 4, no. 2 (1993): 174 notes that "the text should cause the utmost distress for international lawyers and policy makers." See also Boyle, note 28 above. For some NGO criticisms and a defense of the treaty, see V. Sánchez, "The Convention on Biological Diversity: Negotiation and Contents," in Sánchez and Juma, note 21 above, page 7. Sánchez was the chair of the intergovernmental committee that negotiated the convention.
103. For example, M. Chandler, "The Convention on Biological Diversity: Some Issues for the International Lawyer," Colorado Journal of International Environmental Law 4, no. 2 (1993): 174 notes that "the text should cause the utmost distress for international lawyers and policy makers." See also Boyle, note 28 above. For some NGO criticisms and a defense of the treaty, see V. Sánchez, "The Convention on Biological Diversity: Negotiation and Contents," in Sánchez and Juma, note 21 above, page 7. Sánchez was the chair of the intergovernmental committee that negotiated the convention.
104. COP Decision II/5.
105. D. Dickson, "Biosafety Code Gathers Pace Through Bilateral Agreements," Nature 377 (14 September 1995): 94.
106. D. Pruzin, "COP-2 Agrees on Biosafety Protocol, Initiative on Marine, Coastal Biodiversity," International Environmental Reporter, 29 November 1995, 897-98.
107. H. A. Mooney et al., "Biodiversity and Ecosystems Functioning: Ecosystems Analyses," in Heywood and Watson, note 2 above, pages 326-452.
108. See D. Victor and J. Salt, "From Rio to Berlin: Managing Climate Change," Environment, December 1994, 6. There has been very high compliance with the requirement that parties submit national reports ("communications"). A broad view of these reports was completed in December 1994. Since then, a process of indepth reviews has been under way. By February 1996, 31 national reports had been submitted and 17 in-depth reviews had been completed.
109. Article 26; Decision II/7 of the COP and Recommendation 1/5 of the SBSTTA.
110. United Nations Environment Programme, Guidelines for Country Studies on Biological Diversity (Nairobi. Kenya, 1993).
111. World Resources Institute, United Nations Environment Programme, and World Conservation Union, National Biodiversity Planning: Guidelines Based on Early Experiences Around the World (Washington, D.C., 1995).
112. T. C. Whitmore. R. Peralta, and K. Brown, "Total Species Count in a Costa Rican Tropical Rain Forest," Journal of Tropical Ecology (1985) counted 223 species of vascular plants (or one-sixth the total number of plant species in the British Isles) in a 100 square meter plot. The oceans contain the greatest array of phylum diversity. See C. Ray, "Ecological Diversity in Coastal Zones and Oceans," in Wilson, note 2 above, page 36.
113. T. C. Whitmore. R. Peralta, and K. Brown, "Total Species Count in a Costa Rican Tropical Rain Forest," Journal of Tropical Ecology (1985) counted 223 species of vascular plants (or one-sixth the total number of plant species in the British Isles) in a 100 square meter plot. The oceans contain the greatest array of phylum diversity. See C. Ray, "Ecological Diversity in Coastal Zones and Oceans," in Wilson, note 2 above, page 36.
114. See Decision 11/9 of the COP.
115. D. Pitt, "Forest Preservation is Agreed On at UN," International Herald Tribune, 24 January 1994, 10.
116. For updates and a review of international forestry initiatives, consult the "Year in Review" in G. Handl, ed., Yearbook of International Environmental Law (New York: Oxford University Press, annually) or visit http://www/iisd.ca/linkages/forestry/foresLhtml on the World Wide Web.
117. W. Reid, "Bush Biodiversity Policy Risks Dangerous Side Effects " Wall Street Journal, 8 October 1992.
118. Letter from the presidents of the Biotechnology Industry Organization, the American Seed Trade Association, and the Pharmaceutical Research and Manufacturers of America to Senator Kent Conrad (D-N.D.), 8 August 1994.
119. See "Endangered Species: Nature, Nurture, and Property Rights," The Economist, 8 July 1995, 54-55.
120. Letter from the Senate Committee on Foreign Relations to majority leader George Mitchell (D-Me.), 5 August 1994; and reply from Secretary of the Interior Bruce Babbit, Secretary of Agriculture Mike Espy, and Secretary of State Warren Christopher, 16 August 1994.