BIODIVERSITY AND FORESTS
 
 
The use and conservation of biodiversity and natural resources is of increasing importance at the national and international levels.

A number of legal instruments deal with the various facets of biodiversity. The central treaty is the 1992 Biodiversity Convention which provides an overall legal framework for addressing biodiversity management, supplemented by the Cartagena Protocol on Biosafety. A number of other treaties address some aspects of biodiversity management: these range from the 1946 International Convention for the Regulation of Whaling to the 1973 Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) and the 2006 International Tropical Timber Agreement..

The prominence of law and policy concerning the use and conservation of biological resources is due in part to the increased economic value of biological and genetic resources in the wake of the rapid development of genetic engineering. A number of non-environmental law treaties, such as trade and intellectual property rights treaties are thus of considerable importance in the study of biodiversity.

The skewed distribution of biological resources between tropical (mostly developing) and temperate (mostly developed) countries implies that most of the debated legal issues have a strong North-South component. This is generally a consequence of the fact that developing countries hold most biological resources while developed countries hold most of the technologies needed for commercialising them.
 
 
 

Selected Academic Publications on Biodiversity
 
Wildlife Conservation and Community Property Rights in Kenya

abstract      full text  1870 [KB]
 
A Comparative Analysis of Accountability Mechanisms for Ecosystem Services Markets in the United States and the European Union

abstract      full text  133 [KB]
 
Forest Carbon Offsets and International Law: A Deep Equity Legal Analysis

abstract      full text  202 [KB]
 
Environmental Justice in the Use, Knowledge and Exploitation of Genetic Resources

abstract      full text  140 [KB]
 
The Public Trust Doctrine, Environmental Human Rights, and the Future of Private Property

abstract      full text  239 [KB]
 
The Scheduled Tribes and other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006: A Critical Appraisal

abstract      full text  300 [KB]
 
The Current Law of Plant Genetic Resources and Traditional Knowledge

abstract      full text  297 [KB]
 
Intellectual Property Rights, Plant Genetic Resources and Traditional Knowledge

abstract      full text  255 [KB]
 
Flanking Policies in National and International Law

abstract      full text  244 [KB]
 
New Collective Policies

abstract      full text  231 [KB]
 
Seeds Regulation, Food Security and Sustainable Development

abstract      full text  52 [KB]
 
Intellectual Property Rights and Biodiversity Management: The Case of India

abstract      full text  162 [KB]
 
The Desertification Convention

abstract      full text  186 [KB]
 
Biological Diversity Management in Africa: Legal and Policy Perspectives in the Run-up to WSSD

abstract      full text  173 [KB]
 
Property Rights Regimes over Biological Resources

abstract      full text  137 [KB]
 
Agro-biodiversity and International Law - A Conceptual Framework

abstract      full text  234 [KB]
 
Law, Colonialism and Environmental Management in Africa

abstract      full text  246 [KB]
 
Dolphin Bycatches in Tuna Fisheries: A Smokescreen Hiding the Real Issues?

abstract      full text  1038 [KB]
 
 
 

Working Papers on Biodiversity
 
Sustainable Management of Wildlife Resources in East Africa - A Critical Analysis of the Legal, Policy and Institutional Frameworks

abstract      full text  408 [KB]
 
Land Tenure, Land Use and Sustainability in Kenya: Towards Innovative Use of Property Rights in Wildlife Management

abstract      full text  465 [KB]
 
Biological Diversity Management in Africa: Policy Perspectives

abstract      full text  318 [KB]
 
 
 

Other Contributions on Biodiversity
 
The Convention on Biological Diversity (2003)
 
The International Treaty on Plant Genetic Resources for Food and Agriculture (2003)
 
Biodiversity Legislation Reflects India's Obligations (2001)
 
   
   
   
 
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