International Law and the Conservation of Biological Diversity

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Michael Bowman, Catherine Redgwell
Kluwer Law International B.V., 1996 M01 10 - 334 pages
This work presents a thorough analysis of the biodiversity concept in international law and commentary on the 1992 United Nations Convention on Biological Diversity which was opened for signature following the 1992 UN Conference on Environment and Development. This Convention is the first international treaty explicitly to address all aspects of biodiversity ranging from the conservation and sustainable use of biological resources, to access to biotechnology and the safety of activities related to modified living organisms. The work extends beyond the ambit of the Convention itself to examine the conservation of biodiversity in international law generally, including measures for the protection of the terrestrial, marine and Antarctic environment and particular features relating to sustainable use of biological resources, ex-situ conservation and plant genetic resources. It further analyses the controversial issue of intellectual property rights, the problems of implementation in the European Union and the United States, differences between developing and developed states and the role of indigenous peoples. This major new work has been written by members of the Committee on Environmental Law of the British Branch of the International Law Association following an earlier study on the subject of International Law and Global Climate Change (Graham & Trotman, 1991). It is the first major study of the Convention of the context in which it was negotiated, and of the prospects for its implementation, following the entry into force of the Convention on 29 December 1993.

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Contents

Introduction
1
The Bio Convention on Biological Diversity
33
Sustainability Biodiversity and International Law
51
The Contribution of Existing Agreements for the Conservation
71
The Conservation of Marine Ecosystems under International Law
91
The Protection of the Antarctic Environment and
109
The Role of Ex Situ Measures in the Conservation of Biodiversity
129
International Regimes for the Conservation and Control
145
Biodiversity Conservation in the United States
191
The European Community and Preservation of Biological Diversity
211
Developing Countries Development and the Conservation
235
Biodiversity and Indigenous Peoples
255
Financial Aid Biodiversity and International Law
271
Conclusions
289
United Nations Framework Convention
303
Select Bibliography
325

Intellectual Property Rights and Biodiversity
171

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